CHAPTER 1

THE ENGLISH LEGAL SYSTEM

Introduction

Welcome to your study of

Corporate and Business law. In this chapter we set

the scene and framework of the English Legal System.

We start by

defining what law is and why it is important to society. Our study

continues by considering the

different types of law that we have in the UK and

how they have developed over time.

The chapter concludes with an analysis of the

Criminal and Civil court

systems

. Tribunals are also discussed as an alternative method of dispute

resolution.

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1 What is law?

'

Law is a formal mechanism of social control', Business Law 5th Edition, David Kelly, Ann Holmes andRuth Hayward

Human society

has developed over thousands of years from a primitive culture where the very survival of

the species was at stake to the complex, diverse and dominating species that humans are today.

Much of the success of this development can be attributable to

rules and regulations laid down by

society. With a little further study the need for such rules becomes clear. In the early days of human

existence,

survival was achieved by working as a group. There was a fine line between life and death, for

example the

stealing of food from another group member could eventually result in starvation or death of

the victim.

Social order

, created by rules is at the foundation of the society that we see today. The framework that

was created influences how

individuals interact and how businesses operate. In other words, it provides

social control.

The framework of social control can be viewed as having two aspects:

•

Formal control mechanisms

•

Informal control mechanisms

Law

is a formal control mechanism. It provides a structure for dealing with and resolving disputes that

may arise, as well as providing some

deterrent to those wishing to disrupt social order.

Informal mechanisms include

ethical and moral guidance. These are 'norms' or behavioural expectations

that society has developed over time through its culture. Such mechanisms have

little formal structure to

organise, control or to punish – such matters are dealt with informally by pressure from other individuals

or groups.

PER 2 requires you to ensure compliance with legal, regulatory and social requirements in your area of

responsibility. The contents of this Study Text should help you identify common legal and regulatory

requirements.

2 Types of law

The English legal system distinguishes several different types of law.

•

Common law and equity

•

Statute law

•

Private law and public law• Criminal law and civil law

2.1 Common law and equity

The earliest element of the English legal system is

common law, a system of rigid rules laid down by royal

courts

following the Norman conquest. Application of law was by judges who travelled around the country

to keep the King's peace and judgements often resulted in harsh

consequences.

The judges actually made the law by

amalgamating local customary laws into one 'law of the land'.

Remedies

under common law are monetary, and are known as damages.

However, there are times when money is not a

suitable remedy. For example, you have agreed to buy a

unique painting from an art dealer. Should the dealer at the last minute sell the painting to someone else,

damages are unlikely to be acceptable, after all you wanted

that painting.

Equity

was developed two or three hundred years after common law as a system to resolve disputes

where damages are not a suitable remedy and to introduce

fairness into the legal system.

2.2 Statute law

Whilst the judiciary is responsible for the creation of common law,

Parliament is responsible for statute

law

. Statute law is usually made in areas so complicated or unique that suitable common law alternatives

are unlikely, or would take an unacceptable length of time, to develop – company law is one example of

this.

2.3 Private law and public law

Most of the law that you will be studying is

private law. That is law which deals with relationships and

interactions

between businesses, and private individuals, groups or organisations.

The

state provides a framework for dealing with disputes and for enforcing decisions, but it is for

individuals to handle matters between themselves. For example, the Sale of Goods Act 1979 regulates the

sale of goods. It provides

rules that must be adhered to when making a sale. Should any dispute arise that

is covered by the act, it is up to

the parties to resolve the matter themselves using rules laid down by the

legislation, the

state does not get involved.

Public law

is mainly concerned with government and the operation and functions of public organisations

such as councils and local authorities. It will not be of great interest to you in your studies of corporate

law, however examples of public law can be found in

planning rules that must be adhered to when

building or expanding offices.

A key

distinction between public and private law is who takes up the case when a wrong is committed.

The

state prosecutes the alleged perpetrator under public law, whereas we have already seen, under

private

law it is for the individual concerned to take action.

Criminal law

is a part of public law and deals with behaviour that the state considers unwelcome and

wishes to prevent. Criminal law also decides how those guilty of committing unlawful behaviour should be

punished

. You will notice the names of criminal cases are reported as R v Jones or Regina v Jones. This

indicates that the state takes action on behalf of the crown (

Regina is Latin for Queen).2.4 Criminal and civil law

The distinction between

criminal liability and civil liability is central to the English legal system.

It is often the

criminal law about which the general public has a clearer perception and keener interest.

Some of the high profile criminal cases at

London's Old Bailey are deemed extremely newsworthy. Civil

law

, on the other hand, receives less overt media coverage. However, every time you buy or sell goods, or

start or finish an employment contract, your actions, and those of the other party, are governed by civil

law.

The

distinction between criminal and civil liability is central to the English legal system and to the way thecourt system is structured.

2.4.1 Criminal law

In criminal cases, the

state prosecutes the wrongdoer.

A

crime is conduct prohibited by the law.

In a criminal case the State is the prosecutor because it is the community as a whole which suffers as a

result of the law being broken. Persons guilty of crime may be punished by

fines payable to the State,

imprisonment

, or a community-based punishment.

Generally, the

police take the initial decision to prosecute, but this is then reviewed by the Crown

Prosecution Service. Some prosecutions are started by the Director of Public Prosecutions, who is the

head of the Crown Prosecution Service.

In a criminal trial, the

burden of proof to convict the accused rests with the prosecution, which must

prove its case

beyond reasonable doubt.

2.4.2 Civil law

Civil law

exists to regulate disputes over the rights and obligations of persons dealing with each other and

seeks to compensate injured parties.

Civil law

is a form of private law. In civil proceedings, the case must be proved on the balance of

probability

. The claimant must convince the court that it is more probable than not that their assertions

are true.

There is no concept of

punishment, and compensation is paid to the wronged person. Both parties may

choose to

settle the dispute out of court should they wish.

Terminology in civil cases is different to that of criminal cases. A

claimant sues a defendant. A civil case

would therefore be referred to as, for example,

Smith v Megacorp plc.

One of the most important areas of civil liability for business, and accountants in particular, is the law of

contract

. The law of contract is looked at in detail in Part B of this text.

2.4.3 Distinction between criminal and civil cases

It is not an act or event which creates the distinction, but the

legal consequences. A single event might

give rise to criminal and civil proceedings.

Illustration

A broken leg caused to a pedestrian by a drunken driver is a single event which may give rise to:

•

Criminal case (prosecution by the State for the offence of driving with excess alcohol), and

•

Civil case (the pedestrian sues for compensation for pain and suffering).

The two types of proceedings can be easily distinguished because

three vital factors are different:

•

The courts where the case is heard

•

The procedures• The terminology

Illustration

In criminal cases the rules of evidence are very strict. For example, a confession will be carefully examined

to see if any pressure was brought to bear upon the accused, but an admission in a civil case will not be

subjected to such scrutiny.

Question

Criminal and civil law

While on a sales trip, one of your employees is involved in a car accident. The other vehicle involved is

damaged and it is alleged that your employee is to blame. What legal proceedings may arise as a result of

this incident?

Answer

Your employee may be guilty of a driving offence such as careless driving. The police, to whom the

incident should be reported, will investigate, and if the facts indicate a driving offence, they will prosecute

him. The owner of the damaged vehicle (or his insurers) may sue the driver at fault in civil proceedings to

recover damages.

3 The system of courts 12/07

The

courts have to be organised to facilitate the working of the legal system. There are four main

functional aspects of the court system which underlie its structure.

(a)

Civil and criminal law differ so much in substance and procedure that they are best administered

in separate courts.

(b)

Local courts allow the vast bulk of small legal proceedings to be decentralised. But important civil

cases begin in the High Court in London.

(c) Although the courts form a single system and many courts have a general civil jurisdiction, there is

some

specialisation both within the High Court and in other courts with separate functions.

(d) There is a system of review by

appeals to higher courts.

3.1 The civil court structure 6/10

The

civil court structure comprises the following.

•

Magistrates' Courts mostly deal with small domestic matters.

•

County Courts hear claims in contract and tort, equitable matters and land and probate disputes

among others.

•

The Crown Court hears appeals from Magistrates' Courts.

•

The High Court is divided into three specialist divisions; Queen's Bench, Family and Chancery

•

The Court of Appeal hears appeals from the County Court, the High Court, the Restrictive Practices

Court, and the Employment Appeal Tribunal.

•

The Supreme Court for the United Kingdom hears appeals from the Court of Appeal and the HighCourt.

The diagram below sets out the English

civil court structure.

EUROPEAN COURT

OF HUMAN RIGHTS

SUPREME COURT

FOR THE UNITED

KINGDOM

In appropriate cases it is possible to refer a case to either the

European Court of Human Rights or theEuropean Court of Justice, although they are not strictly within the English court structure.

3.2 The criminal court structure

The

criminal court structure comprises the following.

•

Magistrates' Courts hear summary offences and committal proceedings for indictable offences.

•

The Crown Court tries serious criminal (indictable) offences and hears appeals from Magistrates'

Courts.

•

The Divisional Court of QBD hears appeals by way of case stated from Magistrates' Courts and the

Crown Court.

•

The Court of Appeal hears appeals from the Crown Court.

•

The Supreme Court for the United Kingdom hears appeals from the Court of Appeal or a DivisionalCourt of QBD.

The diagram below sets out the English

criminal court structure.

SUPREME COURT

FOR THE UNITED

KINGDOM

A limited number of

Commonwealth countries allow appeal to the Privy Council in London, which is

mostly staffed by Supreme Court judges.

3.3 Magistrates' Courts 6/10

Magistrates' Courts

are the lowest ranked criminal courts.

•

They try summarily (without a jury) all minor offences.

•

They conduct committal proceedings, which are preliminary investigations of the prosecution

case, when the offence is

triable only on indictment (by a Crown Court).

Indictable offences

are more serious offences that can only be heard in a Crown Court.

Summary offences

are minor crimes, only triable summarily in Magistrates' Courts.

Some offences are

'triable either way', meaning the accused has the choice of court that is used.

Magistrates also have

some civil jurisdiction which includes the following:

•

Family proceedings (financial provision for parties to a marriage and children, the custody or

supervision of children and guardianship, and adoption orders).

•

Enforcement of local authority charges and rates

3.3.1 Appeals

A defendant convicted on a criminal charge in a Magistrates' Court has a general right to a rehearing by a

Crown Court. A

'case stated' appeal is based on the idea that Magistrates or the Crown Court have

wrongly interpreted the law

. If not, then the case may be sent back to the lower court with instructions as

to how it should be decided.

On

family matters, appeals are to the Crown Court with a further (or alternative) appeal on a point of law

to a divisional court of the

Family Division of the High Court.

3.3.2 Personnel

The key personnel in the Magistrates’ Court are the

magistrates who hear the cases. These fall into two

categories:

•

Magistrates, who are lay persons selected by the Lord Chancellor (Justices of the Peace)

•

District Judges (professional paid magistrates)

The Magistrates' Courts are also staffed by

clerks, who can provide legal advice for lay Magistrates.

3.4 The County Court 6/10

County Courts

have civil jurisdiction only but deal with almost every kind of civil case. The practical

importance of the County Courts is that they deal with

the majority of the UK's civil litigation.

The County Court is involved in the following matters.

•

Contract and tort (except defamation of character) claims.

•

Equitable matters concerning trusts, mortgages and partnership dissolution.

•

Disputes concerning land.

•

Undefended matrimonial cases.

•

Probate matters.

•

Miscellaneous matters conferred by various statutes, for example the Consumer Credit Act 1974.

•

Some bankruptcy, company winding-up and admiralty cases.

3.4.1 Appeals

From the

County Court there is a right of appeal direct to the Civil Division of the Court of Appeal forsome cases. In most other cases an appeal goes to the relevant Division of the
High Court.
 

3.4.2 Personnel

The personnel in the

County Court consists of:

•

Circuit judges, assisted by

•

District judges

3.5 Civil Procedure Rules

Civil procedures encourage parties to consider

alternative methods of dispute resolution and to avoid

expensive litigation

, resolving cases quickly and without unnecessary confrontation. Early settlement of

disputes is encouraged during proceedings.

The court has the power to control every aspect of the

litigation process, shifting responsibility away from

the litigants and their advisers. The court is intended to be a place of

last, rather than first, resort.

There are two principal areas in which the

civil procedure rules are relevant:

(a) Tracking

(b) Case management

3.5.1 Tracking

After a defence has been filed, the

case will be allocated to one of three tracks.

(a) In the

small claims track, claims of no more than £5,000 will be heard. These are cases that are to

be dealt with quickly and informally, often without the need for legal representation or for a full

hearing.

(b) The

fast track is for claims of between £5,000 and £25,000 where the trial is to last no longer than

one day. These are subject to a simplified court procedure and a fixed timetable designed to enable

the claim to be determined within 30 weeks.

(c) Under the

multi-track, claims of over £25,000 which are to be managed by the courts will be heard.

Broadly speaking,

small and fast track claims are heard by the County Courts, the more complex multitrack

cases are heard by the

High Court.

3.5.2 Case management

After allocation, the court will give directions setting out the procedures to be followed in bringing

multitrack

cases

to trial. These will be an initial 'case management conference' to encourage parties to settle

the dispute or to consider alternative dispute resolutions (such as mediation or arbitration). Features of

the procedures include the following.

(a) Published

pre-action protocols for particular types of claim, such as personal injury and

professional negligence claims, which entail setting out the claim to the defendant in an attempt to

negotiate a settlement. The emphasis is placed on co-operation to identify the main issues. Failure

to co-operate may lead to cost penalties, regardless of the eventual outcome of the case.

(b) A strict

timetable for exchange of evidence is set by the court, including witness statements and

relevant documents.

(c) Cost

penalties for failing to meet any deadline or date set by the court.

3.6 The Crown Court

The

Crown Court is a single court, but it sits in 92 different towns and cities and also at the Central

Criminal Court

(the Old Bailey) in London. It deals with the following matters:

•

Indictable offences with a jury.

•

Appeals from Magistrates' Courts.• Committals for sentencing from Magistrates' Courts.

The Crown Court deals with a few types of

civil case, for example appeals from the Magistrates' Court on

matters of affiliation, betting, gaming and licensing.

3.6.1 Appeals

From the

Crown Court there is a right of appeal on criminal matters to the Criminal Division of the Court

of Appea

l. An appeal by way of 'case stated' on a point of law may also be made to a Divisional Court of

the Queen's Bench Division

, in the High Court.

3.6.2 Personnel

The

Crown Court has the following personnel:

•

High Court judges (for serious offences)

•

Circuit judges

•

Recorders

3.7 The High Court 6/10

The

High Court is organised into three divisions:

•

Queen's Bench Division

•

Chancery Division

•

Family Division

3.7.1 Queen's Bench Division

The Queen's Bench Division (QBD) deals mainly with common law matters, such as:

•

Actions based on contract or tort.

•

Some appeals from the County Court.

•

Appeals by way of case stated from Magistrates' Courts.

•

Some appeals from the Crown Court.

It also has a

supervisory role over inferior courts. It is the largest of the three divisions, having 73 judges

of which the Principal Judge is the Lord Chief Justice. It includes a separate Admiralty Court to deal with

shipping matters, and a Commercial Court which specialises in commercial cases. The QBD sits in London

and a small number of large cities in England and Wales.

It may issue a writ of

habeas corpus, which is an order for the release of a person wrongfully detained,

and also prerogative orders against inferior courts, tribunals and other bodies such as local authorities.

There are three types of

prerogative order.

•

A mandatory order requiring the court or other body to carry out a public duty.

•

A prohibitory order preventing a court or tribunal from exceeding its jurisdiction.

•

A quashing order ordering a court or tribunal which has taken action to submit the record of its

proceedings to the High Court for review.

3.7.2 Chancery Division

This division headed by the

Lord Chancellor, deals with traditional equity matters.

•

Trusts and mortgages

•

Revenue matters

•

Bankruptcy (though outside London this is a County Court subject)

•

Disputed wills and administration of estates of deceased persons

•

Partnership and company matters

There is a separate

Companies Court within the division which deals with liquidations and other companyproceedings, and a Patents Court established under the Patents Act 1977.

3.7.3 Family Division

This division deals with:

•

Matrimonial cases

•

Family property cases

•

Proceedings relating to children (wardship, guardianship, adoption, legitimacy)

•

Appeals from Magistrates' Courts on family matters.

•

Appeals from County Courts on family matters

3.7.4 Appeals

Civil appeals

from the High Court may be made to the Court of Appeal (Civil Division) or to the Supreme

Court for the United Kingdom

, under what is known as the 'leapfrog' procedure. This procedure is rarely

used.

Criminal appeals

are made direct to the Supreme Court for the United Kingdom where the case has

reached the High Court on appeal from a Magistrates' Court or from the Crown Court.

3.7.5 Personnel

The High Court is staffed by

High Court (puisne) judges. The chief judges in each division are as follows:

•

Queen's Bench Division: Lord Chief Justice

•

Family Division: President

•

Chancery Division: Lord Chancellor (nominally), in practice the Vice Chancellor

3.8 The Court of Appeal 6/10

A

court of first instance is the court where the case is originally heard in full. The appeal court is the court

to which an appeal is made against the ruling or the sentence.

If the appeal court finds in favour of the appellant the original decision is

reversed ie the result is changed,

but the law is not. This is different from

overruling which happens when a higher court finds a lower

court's decision to be wrong in law and in future the law is changed.

3.8.1 Civil Division

The

Civil Division of the Court of Appeal can hear appeals from the High Court, county courts, and from

certain

other courts and special tribunals. It may uphold or reverse the earlier decision or order a new

trial.

3.8.2 Criminal Division

The

Criminal Division of the Court of Appeal hears appeals from the Crown Court. It may also be invited

to review a criminal case by the

government or to consider a point of law at the request of the Attorney

General

.

3.8.3 Appeals

Appeals lie to the

Supreme Court for the United Kingdom.

3.8.4 Personnel

The Court of Appeal is staffed by the

Lord Justices of Appeal. The chief judges in each division are as

follows:

•

Civil division: Master of the Rolls• Criminal division: Lord Chief Justice

3.9 The Supreme Court for the United Kingdom 6/10

The

Supreme Court for the United Kingdom was established by the Constitutional Reform Act 2005 and

opened for business in October 2009 when it replaced the judicial function of the House of Lords. Its

personnel consists of

12 judges known as 'Justices of the Supreme Court' and include a President and a

Deputy President

.

The role of the Supreme Court is to act as the

final appeal court in civil cases in the UK, hearing appeals

on points of law that have

public or constitutional importance. It is also the highest court of appeal in

criminal cases for England, Wales and Northern Ireland (the highest criminal appeal court for Scotland is

the Scottish High Court of Justiciary). The Supreme Court may in some instances be called to

interpret EU

law

and the European Convention on Human Rights as they relate to UK law.

Cases are typically heard by panels of

five, seven or nine Justices who give their verdicts collectively

rather than as individual decisions. This is to

encourage discussion among those at the top of the legal

profession, which should result in

robust, clear decisions that the rest of the judicial system can rely.

The examiner wrote an article on the Supreme Court for the United Kingdom in the January 2010 edition

of Student Accountant.

3.10 The European Court of Human Rights

The European Court of Human Rights is the

supreme court of those European states who have signed up

to the

European Convention of Human Rights. Any individual who alleges that their human rights have

been violated can bring an action against those responsible.

Since the

Human Rights Act 1998 the UK has incorporated the European Convention of Human Rights

into UK law, enabling enforcement to be exercised by UK courts.

3.11 The European Court of Justice

The

European Court of Justice has the role of interpreting European Treaty law and ensuring it is

observed

. European laws are enacted in the UK and are therefore directly applicable to individuals and

businesses

within the UK. Cases are usually between nation states or European institutions, however,

individuals

can appeal to the ECJ if they are affected personally.

3.12 The Privy Council

The

Judicial Committee of the Privy Council is the final Court of Appeal for certain Commonwealth

countries. Their decisions are also important to cases heard in the UK as they have

persuasive influence

over hearings concerning points of law applicable under the UK's jurisdiction.

Question

Appeals

List the court (or courts) to which an appeal may be made from each of the following:

(a) The County Court (b) The High Court (criminal cases)

Answer

(a) The Civil Division of the Court of Appeal or the High Court.

(b) The Supreme Court for the United Kingdom.

4 Tribunals

The court system is not the only way to settle disputes. There is also the alternative system of

tribunals.

Tribunals

deal with large numbers of cases which are usually too small to be considered as needing court

action. They give individuals the chance to exercise their rights, in particular against

government

decisions

and between employee and employer.

4.1 The tribunal system

The

Tribunals, Courts and Enforcement Act 2007 introduced changes which created a unified tribunals

structure. A

two-tier system now exists. The First-tier hears tribunals and makes decisions. The Upper

Tribunal

reviews cases and hears appeals. Both tiers are split into chambers which deal with particular

types of case – for example, land and taxation – and are staffed by

experts in that field. Decisions of the

Upper-tier Tribunal

are made by judges or experts supervised by a judge. Their decisions are binding

on tribunals and public authorities. Appeals from the Upper Tribunal are to the Courts. Tribunals also have

powers of enforcement of unpaid awards.

4.2 Employment tribunals

Employment tribunals are governed by a number of

regulations (including the Employment Tribunals

(Constitution and Rules of Procedure) Regulations 2004

and the Employment Act 2008).

4.2.1 Composition

Each full Tribunal is staffed by an employment judge and

two non-legal members selected from a panel.

One person represents the interests of employers and one represents the interests of employees.

However, in some circumstances, and with the consent of the parties, a tribunal may be convened with a

chairman and one other person.

4.2.2 Jurisdiction

Tribunals have a wide jurisdiction over most disputes between UK

employees and employers such as:

•

Disputes about redundancy pay and trade union membership

•

Complaints of unfair dismissal

•

Complaints about equality issues and discrimination

•

Questions as to terms of contracts of employment

•

Equal pay claims or disputes over issues such as maternity pay

•

Appeals against health and safety notices

4.2.3 Appeal

There is a right of appeal, usually on points of law, not facts, to the

Employment Appeal Tribunal (EAT).

This is a court of equal status with the High Court. It hears appeals from tribunals mainly on employment

matters. A

judge (usually a High Court or circuit judge) and two lay members from a panel appointed on

the Lord Chancellor's recommendation sit. The lay members have practical experience in employment

relations, one from the employers’ side and one from the employees’. From the EAT there is a right of

appeal to the Court of Appeal. It will only hear appeals on points of law, it will not re-examine facts.

4.2.4 Advantages and disadvantages of tribunals

Advantages

include: speed of proceedings, cheaper costs, informality in comparison to courts, flexibility

(not bound by rules of precedent) accessibility to individuals and lack of publicity.

Disadvantages

include: lack of legal aid for most parties and presentation of arguments by people who arenot qualified lawyers.

CHAPTER ROUND UP

•

'Law is a formal mechanism of social control', Business Law 5th Edition, David Kelly, Ann Holmes and

Ruth Hayward

•

The distinction between criminal liability and civil liability is central to the English legal system.

•

In criminal cases, the state prosecutes the wrongdoer.

•

Civil law exists to regulate disputes over the rights and obligations of persons dealing with each other and

seeks to compensate injured parties.

•

The civil court structure comprises the following.

–

Magistrates' Courts mostly deal with small domestic matters.

–

County Courts hear claims in contract and tort, equitable matters and land and probate disputes

among others.

– The

Crown Court hears appeals from Magistrates' Courts.

– The

High Court is divided into three specialist divisions; Queen's Bench, Family and Chancery.

– The

Court of Appeal hears appeals from the County Court, the High Court, the Restrictive Practices

Court, and the Employment Appeal Tribunal.

– The

Supreme Court for the United Kingdom hears appeals from the Court of Appeal and the High

Court.

•

The criminal court structure comprises the following.

–

Magistrates' Courts hear summary offences and committal proceedings for indictable offences.

– The

Crown Court tries serious criminal (indictable) offences and hears appeals from Magistrates'

Courts.

– The

Divisional Court of QBD hears appeals by way of case stated from Magistrates' Courts and the

Crown Court.

– The

Court of Appeal hears appeals from the Crown Court.

– The

Supreme Court for the United Kingdom hears appeals from the Court of Appeal or a Divisional

Court of QBD.

• The court system is not the only way to settle disputes. There is also the alternative system of tribunals.

QUICK QUIZ

1

Fill in the blanks in the statements below.

The distinction between (1) ……………….. and (2) ……………….. liability is central to the English legal

system.

2 What is the standard of proof in civil proceedings?

3 The Employment Appeal Tribunal is a court of equal status with the High Court.

True

False

4 All the following statements relate to criminal and civil law. Which one of the statements is correct?

A A criminal case may subsequently give rise to a civil case, but a civil case cannot subsequently give

rise to a criminal case

B The main purpose of civil law is to compensate the injured party and to punish the injuring party

C A custodial sentence can be passed on the defendant in a civil case, providing the defendant is a

natural person and not an incorporated body

D The main purpose of civil law is to enforce the claimant's rights rather than to punish the

defendant.

5 What are the three tracks in the tracking system that allocates civil court cases?

6 Which court or courts might hear an appeal from the High Court in a civil case?

ANSWERS

1 (1) criminal (2) civil

2 The case must be proved on the balance of probability

3 True. The EAT is of equal status with the High Court.

4 D. Punishment is not an objective of civil law. A civil case may subsequently give rise to a criminal case.

5 (1) Small claims track (2) fast track (3) multi-track

6 (1) The Court of Appeal (Civil Division) (2) The Supreme Court for the United Kingdom under the leapfrog

procedure.

Now try the question