Topic one

Dispute solving in civil law

Claimant

Person/organisation claiming they have suffered loss or damage.

Defendant

Person alleged to have caused the loss or damage

Law of tort

Part of civil law dealing with civil wrongs (negligence and nuisance).

Negligence

Failure to act/acting in a way unexpected of a reasonable person

Contract law

Protects people/businesses who have made agreements

Compensation

Sum of money paid to someone (claimant) who has successfully brought a case against someone else (defendant).

Purpose of civil law

To ensure that if a civil wrong is committed, the party at fault can be held accountable and a solution/remedy can be brought.

Outcome and remedies - civil law

Compensation (usually)

Court order (e.g. injunction stopping defendant continuing the activity)

Taking the case to court - civil law

Made by the individual who wishes to make a claim that cannot be settled in any other way (e.g. negotiation)

Parties to an action - civil law

2 sides of civil action = claimant and defendant

Claimant - makes complaints against other party

Defendant - argues they are not at fault

Standard of proof - civil law

Decisions are based on a balance of probabilities needs to be a 50% liability from claimant.

Case names for current and past cases - civil law

Civil cases are referred to by the surname/business name of claimant and defendant

Courts - civil law

If parties cannot agree to an out-of-court settlement, a trial will take place in either the County Court, or High Court.

Balance of probabilities

Standard of proof means judge must be more than 50% sure defendant is liable

Burden of proof

Claimant must prove their case on the balance of probabilities

Courts of first instance

Courts that hear the initial trials of cases

Typically County Court or the Higher Court

Doctrine of precedent

Once a point of law has been decided in a particular case, statement of law must be applied in all future cases with same material facts.

District judge

Full time judge

Deals with majority of County Court cases

Circuit judge

More senior judge to a District judge

Recorders

Judge who sits in Crown and County Courts (mainly Crown)

Part time (20-30 days annually)

Sit

Holds a session at court/perform an act that is judicial in nature

Civil court structure - civil law

High court - claim above £100,000 or personal injuries about £50,000

County Court Multi-track - Any claim not in fast track/small claims track

County Court Fast-track - Claims up to £25,000 and personal injuries up to 50,000

County Court Small Claims Track - Claims up to £10,000 or personal injuries up to £1000

Queen’s bench division

Cases in tort and contracts claimed over £100,000 or personal injuries over £50,000

Several specialist areas of work with separate courts

Commercial court - Queen’s bench division

Deals with matters e.g. banking and insurance law

Cases often dealt with by judge considering paper work and written submissions (informal trial)

Mercantile court - Queen’s bench division

Deals with commercial and business disputes

Admiralty court - Queen’s bench division

Deals with shipping matters e.g. claims for damage cause by collisions at sea

Judges are assisted by shipping experts (assessors from Masters of Trinity House)

Technology and Construction Court - Queen’s bench division

Deals with technical knowledge about construction, engineering and computing

Administrative Court - Queen’s bench division

Reviews decisions made by people or bodies (local authorities and regulatory bodies)

Often dealt with through judicial review

Chancery division

Deals with disputes about matters like land, wills, and insolvency

There is a separate specialist court within Chancery, known as Companies Court - handling cases relating to insolvency of companies