The Civil Courts

Question 1

What is civil law?

Answer 1

• Civil law regulates the legal relationship between private parties – either individuals, or legal persons.
• That legal relationship may arise from a contract, or because a ‘duty of care’ exists between the parties, or many other so-called ‘causes of action’.

Question 2

Does the government prosecute civil cases?

Answer 2

The government does not ‘prosecute’ civil cases. However, it can be involved either as claimant or a defendant in a civil case, in its private law capacity.
- e.g. gov department

Question 3

Who are the parties to a civil case?

Answer 3

claimant and the defendant

Question 4

What is the outcome for a successful party from a civil case?

Answer 4

damages (monetary compensation) or equitable remedies.

Question 5

What is the standard of proof in civil proceedings? Is this lower or higher than the criminal standard?

Answer 5

• the balance of probabilities

- burden of proof is on the claimant and it is lower than criminal standards

Question 6

What is the balance of probabilities test?

Answer 6

the balance of probabilities test is that the claimant must satisfy the court that they are’more likely than not’ or’more than 50% likely’ to be right about what happened.

Question 7

What are examples of civil law cases?

Answer 7

· Personal injury cases, such as road traffic accidents, medical and clinical negligence and slips, trips and falls.
· Breach of contract or promise, such as cases where money is unpaid or a contract isn’t complied with.
· Employment law, for example where an employee suffers discrimination.
· Family disputes, such as divorce, dissolution of civil partnerships, children’s issues and childcare arrangements.

Question 8

Can a defendant be subject to both criminal and civil proceedings arising from the same accident?

Answer 8

Yes

Question 9

Where do civil cases begin?

Answer 9

Most begin in the County Court (higher value claims above £100,000 begin in the High Court)

Question 10

What are the 3 tracks for cases in the County Court?

Answer 10

Small Claims Track (those valued at less than £10,000 (or £1,000 for personal injury claims))
Fast Track
Multi Track

Question 11

Does the County Court create precedent?

Answer 11

No - it is bound by judgements of the High Court, the Court of Appeal (Civil Division) and the Supreme Court.

Question 12

What are the levels of judges in the County Court?

Answer 12

There are three levels of Judge in the County Court:

• Deputy District Judges (DDJs) are the most junior. They are often ‘fee paid’ i.e. paid a daily rate, rather than a salary.
• District Judges (DJs) are the next level up. Most judges in the County Court are District Judges.
• Circuit Judges (CJs) are the most senior. There are also Circuit Judges in the Crown Court. The more complex cases in the County Court will be heard by a Circuit Judge.

Question 13

Where do appeals from the County Court go to?

Answer 13

• An appeal against a decision by a Deputy District or District Judge will remain in the County Court to be decided by a Circuit Judge.
• The decision of a Circuit Judge can be appealed to the High Court, and the Court of Appeal (Civil Division) but only with permission. In principle, a decision of the Court of Appeal (Civil Division) can be appealed to the Supreme Court, but only if it deals with a point of law of general public importance.