Court system of Gibraltar
Encyclopedia
The Court system
of Gibraltar
is made up as follows:
in London
is the highest Court of Appeal
for Gibraltar and hears appeals from the Gibraltar Court of Appeal.
is an ex-officio member of the Court of Appeal but may not hear appeals of his own decisions.
is composed of two judges — a Chief Justice
and a further judge appointed by the Governor
. The Court hears civil
and criminal
proceedings, including Family Jurisdiction, Court of Protection
, Admiralty Jurisdiction and Ordinary (Chancery
) Jurisdiction. The Supreme Court hears appeals from the Court of First Instance
and the Magistrates' Court
.
, comparable to a County Court
in England and Wales
— this Court deals with civil litigation up to the value of £1,000, the Coroner's
Court and the Magistrates' Court — this Court hears mainly Criminal and Family cases. Below the Magistrates' Court, there are also tribunals for social security
, tax
and employment
matters.
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
of Gibraltar
Gibraltar
Gibraltar is a British overseas territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean. A peninsula with an area of , it has a northern border with Andalusia, Spain. The Rock of Gibraltar is the major landmark of the region...
is made up as follows:
Privy Council
The Judicial Committee of the Privy CouncilJudicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
is the highest Court of Appeal
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
for Gibraltar and hears appeals from the Gibraltar Court of Appeal.
Court of Appeal
The next highest Court is the Court of Appeal. This Court is composed of an odd number of judges not less than three. The Chief JusticeChief Justice of Gibraltar
The Chief Justice of the Supreme Court of Gibraltar is one of the two judges who make up the supreme court of Gibraltar. Previously the Chief Justice was appointed by the Governor of Gibraltar on the advice of the British Foreign and Commonwealth Office...
is an ex-officio member of the Court of Appeal but may not hear appeals of his own decisions.
Supreme Court of Gibraltar
The Supreme CourtSupreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
is composed of two judges — a Chief Justice
Chief Justice of Gibraltar
The Chief Justice of the Supreme Court of Gibraltar is one of the two judges who make up the supreme court of Gibraltar. Previously the Chief Justice was appointed by the Governor of Gibraltar on the advice of the British Foreign and Commonwealth Office...
and a further judge appointed by the Governor
Governor of Gibraltar
The Governor and Commander-in-Chief of Gibraltar is the representative of the British monarch in the British overseas territory of Gibraltar. The Governor is appointed by the British Monarch on the advice of the British Government...
. The Court hears civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
and criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
proceedings, including Family Jurisdiction, Court of Protection
Court of Protection
The Court of Protection in English law is a superior court of record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves...
, Admiralty Jurisdiction and Ordinary (Chancery
Court of equity
A chancery court, equity court or court of equity is a court that is authorized to apply principles of equity, as opposed to law, to cases brought before it.These courts began with petitions to the Lord Chancellor of England...
) Jurisdiction. The Supreme Court hears appeals from the Court of First Instance
Court of First Instance
The General Court is a jurisdictional instance of the Court of Justice of the European Union. From its inception on 1 January 1989 to 30 November 2009, it was known as the Court of First Instance .-Competence:...
and the Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
.
Subordinate courts
The lower courts are the Court of First InstanceCourt of First Instance
The General Court is a jurisdictional instance of the Court of Justice of the European Union. From its inception on 1 January 1989 to 30 November 2009, it was known as the Court of First Instance .-Competence:...
, comparable to a County Court
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
— this Court deals with civil litigation up to the value of £1,000, the Coroner's
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
Court and the Magistrates' Court — this Court hears mainly Criminal and Family cases. Below the Magistrates' Court, there are also tribunals for social security
Social security
Social security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
, tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
and employment
Employment
Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...
matters.