Gavin Howe
In the UK, common law, also known as case law, is a system of law that relies on detailed records of similar situations and statutes, as there is no official legal code that can be applied to a case. Common law claims are a type of claim for damages in which the injured party must prove 'fault' in the form of negligence or breach of statutory duty. In the UK, the Common Law Claims & Policy (CLC&P) team is responsible for processing common-law, non-contractual compensation claims against and on behalf of the Ministry of Defence (MOD) at home and abroad.
| Characteristics | Values |
|---|---|
| Definition | Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. |
| Application | Common law is used in unusual cases where the outcome cannot be determined based on existing statutes or written rules of law. |
| Sources | Common law relies on detailed records of similar situations and statutes because there is no official legal code that can apply to a case at hand. |
| Judge's Role | The judge presiding over a case determines which precedents apply to that particular case. |
| Hierarchy | The example set by higher courts is binding on cases tried in lower courts. |
| Lower Courts | Lower courts can choose to modify or deviate from precedents if they are outdated or if the current case differs substantially from the precedent case. |
| Dual System | The UK operates under a dual system of both common and civil law. |
| Statutory Claim | A statutory claim is made under a statute, such as a workers' compensation claim. It is not necessary to prove anyone is at fault for your injury in a statutory claim. |
| Common Law Claim | To make a common law claim, the claimant must prove someone was at fault for their injury, i.e., negligence or breach of statutory duty. |
| Common Law Claims & Policy (CLC&P) | The CLC&P team in the UK processes common-law, non-contractual compensation claims against and on behalf of the Ministry of Defence (MOD) at home and abroad. |
| Common Law Claim Examples | Examples of common law claims include overseas road traffic accidents, maritime claims, claims against visiting forces in the UK, and politically sensitive claims arising from the activities of HM Forces in Northern Ireland. |
| Timeframe | Common law claims can take anywhere from 12 months to 3 years to settle, depending on factors such as medical stabilisation, complexity, the number of parties involved, and the amount of evidence required. |
| Damages | Damages in common law claims are assessed by a judge and aim to restore the injured party financially, considering factors such as medical costs, lost income, pain and suffering, and emotional distress. |
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What You'll Learn
Common law vs. statutory law
Common law is a key part of the legal system in England and Wales, and it underpins many legal claims made in the UK. A common law claim is a legal action based on previous court decisions and judicial precedent, rather than relying solely on statutes or regulations. This body of law has developed over centuries and forms the basis of our legal system. Common law claims can cover a wide range of civil matters, including personal injury, contract disputes, property law, and negligence. For example, if someone is injured in a car accident and wants to claim compensation, they would bring a common law claim in tort, arguing that the other driver breached a duty of care owed to them.
The key characteristic of common law is that it is developed and refined by judges over time, based on the decisions they make in individual cases. This is often contrasted with statutory law, which is written and passed by Parliament. Statutory law provides a set of rules and regulations that are clearly defined and leave less room for interpretation. An example of a statutory claim might be an employment dispute, where an employee claims they have been unfairly dismissed, relying on specific employment rights enshrined in statute.
Common law claims are often preferred by claimants as they can provide more flexibility and allow for the unique circumstances of a case to be considered. Judges can interpret the law and apply it to the specific facts of a case, which can lead to more nuanced outcomes. Statutory law, on the other hand, can be more rigid and may not always account for the specific nuances of an individual case. However, statutory law does provide clarity and consistency, as the law is clearly set out, and it is generally easier to determine how a statute will be applied.
One of the key advantages of common law is that it can adapt and change over time to reflect societal values and needs. As judges interpret and apply the law, they can develop and refine it to fit with modern circumstances. This ensures that the law remains relevant and effective. However, this flexibility can also lead to uncertainty, as the outcome of a case may be less predictable. Statutory law, by contrast, provides more certainty as the rules are clearly defined, but it may not always be able to keep pace with societal changes.
The relationship between common law and statutory law is complex and interdependent. While common law provides the foundation for our legal system, statutory law is also essential for providing clarity and detail in specific areas. Often, common law and statutes work together, with statutes filling in gaps or providing more detail on a common law principle. In some cases, statutes may even override common law, particularly in areas where Parliament has sought to provide a comprehensive code of law.
In conclusion, understanding the difference between common law and statutory law is essential for anyone navigating the legal system in the UK. Common law claims form a significant part of civil litigation and provide an important mechanism for individuals to seek justice and redress. While common law is flexible and adaptable, statutory law provides certainty and clarity. Both play a crucial role in ensuring a fair and effective legal system.
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Common law claims against the Ministry of Defence
Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. In the UK, common law claims are made in relation to personal injury, work-related injuries, motor vehicle accidents, or injuries sustained in a public place.
The Ministry of Defence (MoD) faces a variety of common law claims, with 3,754 new claims made against the MoD in 2017/18. Most civil claims against the MoD are not related to combat but are instead brought for breaches of common law and statutory duty as an employer and/or occupational healthcare provider. Common law claims against the MoD can include employer's liability cases, clinical negligence cases, and personal injury claims. The MoD has also faced claims from members of the public arising from the activities of HM Forces in Northern Ireland and claims relating to overseas operations in Afghanistan, Cyprus, northwest Europe, and the South Atlantic Islands.
The MoD has expressed concern about the increasing number of claims and has proposed imposing a time limit, or 'longstop', on bringing claims related to historical events that took place outside the UK. However, critics argue that such a move would give the MoD greater powers to defend against all civil claims and reduce the accountability of service personnel for their actions in war zones.
The claims unit within the MoD is responsible for processing common law, non-contractual compensation claims against and on behalf of the department, both domestically and internationally.
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Common law claims for personal injury
In the UK legal system, common law refers to a body of law that has been developed through judicial decisions and precedent rather than through statutes or legislation. Common law principles have evolved over centuries and form the foundation of many legal concepts and rights in the country. One important area where common law plays a significant role is in personal injury claims.
There are several key elements that must be established to succeed in a common law claim for personal injury. Firstly, it must be proven that the defendant owed the claimant a duty of care. This duty can arise in various relationships, such as between doctors and patients, motorists and pedestrians, employers and employees, or property owners and visitors. The specific duty of care will vary depending on the circumstances and the nature of the relationship between the parties involved.
Secondly, the claimant must demonstrate that the defendant breached their duty of care through their actions or omissions. This involves showing that the defendant failed to act with reasonable care or skill in the specific circumstances. For example, a breach of duty may occur if a driver fails to pay attention and causes an accident, or if a doctor fails to provide the standard of care expected of a reasonable medical professional in their field.
Thirdly, a causal link must be established between the defendant's breach of duty and the harm suffered by the claimant. This means proving that the negligence was the cause, or a contributing factor, to the injury or loss incurred. This can often involve complex medical and factual evidence to demonstrate the connection between the breach of duty and the resulting harm.
Finally, the claimant must provide evidence of the damages they have suffered as a result of the negligence. This can include physical injuries, psychological trauma, financial losses (such as medical expenses and loss of earnings), and future losses or care costs if the injury has long-term implications. The compensation awarded in a successful common law claim aims to put the claimant back in the position they would have been in had the negligence not occurred.
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Common law claims for workers' compensation
In the UK, common law, also known as case law, is based on legal precedents established by the courts. It relies on detailed records of similar situations and statutes because there is no official legal code that can be applied to a case. Common law claims for workers' compensation are made when an employee can prove that their workplace injury was caused by negligence or a breach of statutory duty committed by their employer. This is different from a statutory claim, which is made under a statute or written law, and does not require proof of fault.
In the context of workers' compensation, common law claims are made when an employee can prove that their employer's negligence or breach of duty caused their injury. This may include situations where the employer has failed to provide a safe working environment, proper training, or adequate safety equipment, resulting in an employee's injury. The employee must be able to demonstrate that the employer's actions or inactions directly contributed to their injury.
To pursue a common law claim, the employee must meet certain eligibility requirements, including proving that their injury resulted in a significant degree of permanent impairment, such as a 15% permanent whole-person impairment. This assessment is typically conducted by a medical practitioner or a Medical Assessment Tribunal (MAT). Based on this evaluation, the employee may be offered a lump-sum payment, which they can choose to accept, reject, or defer.
It is important to note that initiating a common law claim ends the 'no-fault' statutory claim process. This means that the employee must choose between pursuing a statutory claim, which does not require proving fault but may offer limited compensation, or a common law claim, which requires proving fault but may provide a higher level of compensation.
The process of making a common law claim can be complex, and it is strongly recommended that employees seek independent legal advice before initiating such a claim. Employees should carefully review their options and consider the potential impact on their workers' compensation entitlements, as an election to pursue a common law claim may affect these entitlements irreversibly.
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Common law claims: what to prove
Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. In the UK, common law claims are non-contractual compensation claims made against the Ministry of Defence (MOD) at home and abroad. These claims are processed by the Common Law Claims & Policy (CLC&P) team.
Common law claims can also be made in the event of personal injury, a work-related injury, a motor vehicle accident, or if you’re injured in a public place. To succeed in a common law claim for damages, the injured party must demonstrate several key elements. Firstly, they must establish that the defendant owed them a duty of care. This duty of care requires the defendant to take reasonable precautions to prevent harm. Secondly, the claimant must show that the defendant breached this duty of care through negligence or a failure to meet the required standard of care. Lastly, the injured party must demonstrate that this breach of duty directly caused their injury.
Proving someone is at fault for your injury can be difficult. In the case of a work-related injury, the claimant must prove that their workplace injury was caused by negligence committed by their employer. Unlike the ‘no-fault’ workers' compensation system, the worker must prove 'fault' in the form of negligence or breach of statutory duty on the part of the employer.
In the UK, common law claims can also be made against visiting forces in the UK under Section 9 of the Visiting Forces Act 1952 and Article VIII of the NATO Status of Forces Agreement.
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Frequently asked questions
A common law claim in the UK is a non-contractual compensation claim against the Ministry of Defence (MOD) at home or abroad. It can also refer to a claim made by a worker against their employer, where the worker must prove 'fault' in the form of negligence or breach of statutory duty.
A statutory claim is made under a statute, such as a workers' compensation claim. It is not necessary to prove anyone is at fault for your injury in a statutory claim. To make a common law claim, you must be able to prove someone was at fault.
Examples of common law claims include overseas road traffic accidents, maritime claims, and politically sensitive claims arising from the activities of HM Forces in Northern Ireland.
It is essential to seek legal advice from experienced personal injury lawyers. They can help you understand the potential value of your claim and navigate the legal process. Common law claims can take anywhere from 12 months to 3 years to settle, depending on factors such as the medical stabilisation of the injured person and the complexity of the case.
Firstly, the injured party must establish that the defendant owed them a duty of care, which requires the defendant to take reasonable precautions to prevent harm. Secondly, the injured party must show that the defendant breached this duty of care through negligence or failure to meet the required standard of care. Finally, they must demonstrate that this breach of duty directly caused their injury.
Common law claim payouts aim to restore the injured party to their pre-injury financial state. This includes compensation for past and future medical costs, pain and suffering, and loss of income. The amount of compensation is often determined by previous court decisions or established case law.
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