Gavin Howe
Civil law in the UK is a legal system that focuses on disputes between individuals, companies or the state when no criminal wrongdoing is involved. It deals with private matters like personal injury claims, family issues, and contractual disputes. Civil law is concerned with the rights and property of individuals or organisations, which may not always be protected by criminal laws. Civil cases often hinge on establishing whether the accused person or organisation had a duty of care towards the claimant. For example, an employer has a duty of care towards their employees. Civil law seeks to achieve a remedy such as compensation for the injured party, rather than punishment.
| Characteristics | Values |
|---|---|
| Focus | Disputes between individuals, companies or the state |
| Case types | Personal injury, family disputes, contractual disputes, employment law |
| Punishment | No prison time; compensation is awarded instead |
| Burden of proof | On the balance of probabilities |
| Court | County Court or High Court |
| Jury | Absent in most cases |
| Legal codes | Concise and broadly applicable |
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What You'll Learn
Personal injury cases
Personal injury claims are a type of civil law case, as they are a dispute between two parties, which is resolved by a court or legal process. Civil law is concerned with the rights and property of individuals or organisations, which may not be protected by criminal laws. Civil law settles disputes and often involves compensation being awarded.
In personal injury cases, a breach of duty of care by the defendant towards the claimant must be established. For example, an employer has a duty of care towards their employees. Therefore, if an employee is injured at work, a personal injury solicitor will seek to prove that the employer breached their duty of care and that this breach caused the claimant's injury.
If an accident was caused by a third party breaching a duty of care, and this breach resulted in a physical or psychological injury, the injured party could seek compensation. This could include claiming for their injuries, as well as financial losses caused by the injuries. This type of compensation is called general damages.
In the UK, civil justice cases are mainly dealt with in the County Courts in England and Wales, with more complex cases beginning in the High Court. The civil courts have a process to ensure awards can be enforced, and judges will normally make an award for financial 'damages' to the successful party, with the amount depending on the circumstances of the claim. The unsuccessful party will usually pay the successful party's costs, but the judge has discretion to depart from this rule.
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Family disputes
Civil law in the UK deals with disputes between individuals, companies or the state when there is no criminal wrongdoing involved. Family disputes are a common type of civil case, encompassing divorce, dissolution of civil partnerships, childcare arrangements, children's issues, and more.
If alternative dispute resolution methods are unsuccessful, or inappropriate for the case, it may be necessary to follow the court route to resolve the dispute. In England and Wales, civil justice cases are mainly dealt with in the County Courts, while more substantial or complex cases begin in the High Court. The Family Court deals with a variety of cases concerning marriage and divorce, including whether a marriage has taken place properly, and whether a marriage or civil partnership may be dissolved on the grounds that the relationship has broken down irretrievably. The Family Court can also consider the financial position of couples who are divorcing, allocating property, capital and income between the parties. The Family Division of the High Court can make a child a ward of court to protect them, and can authorise or permit medical treatment for a child when disputes arise between parents and doctors.
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Contractual disputes
Civil law in the UK deals with disputes between individuals, companies or the state when no criminal wrongdoing is involved. It focuses on private matters, such as contractual disputes, and seeks to achieve a remedy through compensation rather than punishment.
When a contractual dispute arises, there are several options available to resolve it without legal action. Early neutral evaluation, for instance, involves a neutral third party assisting both parties in evaluating the likely outcome of legal action. Mediation is another alternative dispute resolution (ADR) method, where a neutral third party facilitates a resolution. These methods can be cost-effective and quicker alternatives to court proceedings.
If the dispute cannot be resolved through ADR, litigation may be necessary. Litigation can be lengthy and expensive, so it is important to carefully consider the potential outcomes and seek advice from a solicitor specialising in commercial law. A legal expert can provide guidance on the best course of action and help prepare all the necessary evidence and documentation for the court proceedings.
In civil law cases, the burden of proof is lower than in criminal cases. The claimant must prove their case on the balance of probabilities, meaning it is more likely than not that the defendant is responsible. If the judge decides that the claimant is entitled to damages, they will determine the amount based on the circumstances of the claim. The unsuccessful party typically bears the successful party's costs, but the judge has the discretion to depart from this rule.
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Employment law
Civil law in the UK deals with disputes between individuals, companies or the state, in the absence of criminal wrongdoing. It focuses on providing compensation and redressal for the injured party, rather than punishment. Civil cases are tried in court without a jury, and the judge's decision is crucial in determining the outcome and awarding damages.
Furthermore, employment law in the UK prohibits discrimination in the workplace. The Equality Act 2010 protects employees and job candidates from discrimination based on nine protected characteristics, including gender, race, and disability. There are four recognised types of discrimination: direct, indirect, harassment, and victimisation. Direct discrimination involves treating someone unfavourably due to their protected characteristic, such as denying a promotion. Indirect discrimination pertains to policies or rules that disadvantage a particular group, such as prohibiting head coverings, which may adversely affect individuals of a certain religion.
Additionally, employment law recognises the role of trade unions in collective bargaining and ensuring fair terms of work. The UK's labour law history includes significant moments such as the introduction of the National Minimum Wage Act in 1998 and the Employment Relations Act in 1999, which mandated compulsory recognition of unions by employers.
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Civil law court proceedings
Civil law in the UK is concerned with disputes between individuals, companies or the state when no criminal wrongdoing is involved. Civil law cases often involve compensation being awarded to settle disputes, rather than criminal punishment.
The English civil court system is divided between the County Court and the High Court. The County Court deals with low-value claims, while the High Court deals with claims over £100,000 (or £50,000 for personal injury claims). The High Court has three divisions: Chancery, King's Bench, and Family. The County Court at Birmingham has introduced a streamlined and simplified online process for claims.
During a civil trial, witnesses may amplify their statements with the court's permission and provide evidence on new matters. All witnesses can be cross-examined by the other party's lawyer. Expert witnesses, who are independent and have a duty to the court, may also be involved and are subject to strict rules regarding their reports and evidence. The majority of civil cases are determined by a judge alone, without a jury.
After the trial, the unsuccessful party may be required to pay a substantial portion of the other side's costs, often referred to as adverse costs. They can also apply for permission to appeal a judgment, but only on the basis that it was wrong or unjust due to serious procedural or other irregularities. Appeals are typically heard by the Court of Appeal, with the Supreme Court being the final court of appeal for issues of exceptional public importance or constitutional significance.
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Frequently asked questions
Civil law in the UK deals with disputes between individuals, companies or the state when there is no criminal wrongdoing involved. It deals with private matters like personal injury claims, family issues and contractual disputes.
Civil offences include personal injury cases, family disputes, contractual disputes, and employment law. Personal injury cases could include road traffic accidents, medical negligence or accidents at work. Family disputes could include divorce, childcare arrangements or children's issues. Contractual disputes could involve a contract not being honoured or money owed being unpaid. Employment law cases could involve unfair dismissal or discrimination.
Criminal law focuses on society as a whole and outlines what Acts of Parliament deem to be acceptable and unacceptable conduct in the UK. Criminal law seeks to punish for an offence. Civil law, on the other hand, seeks to achieve a remedy such as compensation for the injured party. Civil law deals with the rights and property of individuals or organisations, which may not be protected by criminal laws.
Civil justice in England and Wales is mainly dealt with in the County Courts, while more complex cases may begin in the High Court. The vast majority of civil cases are determined by the judge alone, without a jury. The judge will deliver a judgment after hearing evidence from all parties involved. If the claimant is entitled to damages, the judge will decide the amount.
