an introduction to civil proceedings

8/19/2019 An Introduction to Civil Proceedings

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Inglés Profesional y Académico Civil proceedings

CIVILPROCEEDINGS IN

ENGLAND &

WALES



Inglés Profesional y Académico 2

Civil justice systems in the UK

Distinct jurisdictions:England and Wales;

Scotland; Northern

Ireland.

Separate legal

systems, laws, courts,

prosecution services,

central authorities.



Inglés Profesional y Académico

VOCABULARY

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Parties

• Parties to the suit:

Claimant (formerly plaintiff): injured

party. “Petitioner” in divorce proceedings

and some company law proceedings. Appeal stage: appellant.

Defendant (adversary) // “Respondent” in

divorce proceedings and some company

law proceedings. Appeal stage:

respondent. 4




Vocabulary

• “ ACTION” : term used at the initial stage (e.g.‘cause of action’, ‘right of action’, ‘no cause of

action’).

• “ CASE” : term used beyond the initial stage (e.g.‘the case at issue’, ‘the instant case’, ‘as in the

present case’; ‘there is no case to answer’.

• “CASE” and “ LAWSUIT” : both normallyconnote a civil case.

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WRONGS, TORTS &REMEDIES

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Disputes

• Most disputes concern:

• Breach of contract

• Tort (wrongful act independent of a contract)

• Property rights

• Successions or contentious probates

• Industrial or intellectual property

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Wrongs

• Civil courts hear cases brought by personswho claim to have suffered some wrong,

harm or injury:

• Personal injury

• Loss of or damage to property

• Damage to reputation• Damage to rights (infringement of rights)

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Remedies

• Claimant seeks a remedy:Damages. Usual remedy.

Relief (e.g., exemption from a charge, duty or

liability).

Account of profit (assessment of profit obtained

commercial and industrial property cases).

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CIVIL PROCEDURE RULES

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Civil Procedure Rules 1998

Measures:

1. Simpli fication of legal language (plain English).

2. Use of Information Technology (IT). (Not explained

here)

3. Case management. Procedural judges strict

control of times (stages) and procedure. (Not

explained here)

4. Unification of procedure. (Not explained here)

5. Tracking (allocation of a case to a track).

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Civil Procedure Rules 1998(1) Simplification of legal language

- Plaintiff “Claimant”.

- Pleadings “Statements of case/claim”. Careful with “particulars

of claim” (where claimant sets out details of the case; escrito de

pretensiones in Spanish).

- Affidavit “Statement of truth”.

- Writ of summons “claim form”.

- Leave “Permission” (“with the permission of the court”).

- Discovery “Disclosure”.

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Civil Procedure Rules 1998

(5) Tracking

Allocation of case: depends on the amount involved (amount in

dispute), the type of claim and the judge’s view of complexity of

issues involved.

Tracks:

- The small claims track (ordinary claims,

there is an amount limit for the value of the case,

simple procedural rules).

- The fast track (higher amount limit).

- The multi-track (still higher amount limit,

more complex cases).

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ALTERNATIVE DISPUTERESOLUTION (ADR)

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Alternative Dispute Resolution (ADR)

(1) Mediation

A process for resolving disagreements in which

an impartial third party (the mediator) helpspeople in dispute to find a mutually acceptable

resolution.

http://www.youtube.com/watch?v=bXXCIqHFfV0&fe

ature=related

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http://www.youtube.com/watch?v=bXXCIqHFfV0&feature=related















Alternative Dispute Resolution (ADR)

(2) Arbitration

• Dispute resolution in which a neutral third party

(arbitrator) renders a decision after a hearing.

• Arbitration awards (not ‘judgments’) ARE binding

decisions.

•In commercial disputes and consumer claims.

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THE TRIAL

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The trial or hearing

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•Examination of witnesses:

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• Examination of witnesses:

Direct examination or examination-in-

chief . (No leading questions

questionsthat “lead” the witness into an answer or that

take information for granted).

Cross examination. Re-examination.

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THE JUDGMENT

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The judgment

(1) Judgment for the claimant (plaintiff ).(2) Judgment for the defendant.

English law does not ‘condemn’ or ‘absolve’ defendant

there is no question in civil matters of guilt or

innocence.

Damages or any other remedy NOT SEEN as a

punishment on the defendant but rather as his/her duty

to compensate, relieve or redress claimant for wrong

suffered.

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an introduction to civil proceedings

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