Civil Law is the section of the law that deals with disputes between individuals or organisations. For example, a car crash victim claims damages against the driver for loss or injury sustained in an accident, or one company sues another over a trade dispute.

 

Unlike criminal offences, the Crown Prosecution Service (CPS) doesn't prosecute a civil offence. Rather than any sentence, custodial or otherwise, the end result is usually financial compensation.

 

Civil Law has developed in a similar way to the way criminal law has, through a mixture of Statutory Law made by governments, and 'precedent' which is created by earlier cases.

 

An example of how precedent creates law is the law of 'negligence.' In the first 'negligence' case a woman developed gastro-enteritis after swallowing a snail contained in a bottle of ginger beer. Lord Atkin, the judge who heard the case, decided that she was entitled to some form of compensation. He ruled that the manufacturer had a 'duty of care' towards its customers and in this instance had been negligent - and the law of 'negligence' was created.

 

One crucial difference between Civil and Criminal law is that the 'burden of proof' is lower in a civil case. A criminal case must be proved 'beyond reasonable doubt.' A civil case only has to be proved on the 'balance of probabilities,' i.e. it is 'likely' that the defendant is guilty.

 

The OJ Simpson trial in America is a classic example. The criminal trial hadn't proved 'beyond reasonable doubt' that he had murdered his wife, yet a subsequent civil trial decided that on the 'balance of probabilities' he had. As a result, the victim's family was awarded compensation, but in the criminal case, Simpson wasn't found guilty of murder, so he wasn't jailed.

 

Civil actions aren't always successful though. The family of Stephen Lawrence brought a civil action against those suspected of his murder. Although the 'burden of proof' was lower than in a criminal trial the men were once again acquitted when crucial identification evidence was ruled to be inadmissible.

 

 

    * Property - boundary disputes, trespass

    * Work-related disputes - unfair dismissal, personal injury

    * Defamation of character - The Neil Hamilton v Mohammed Al Fayed case is one example

    * Consumer disputes - Faulty goods, 'trades description' offences

    * Copyright or Intellectual Property disputes - Music sampling, plagiarism (copying someone else's material and passing it off as your own)

 

 

    * The Claimant is the person or organisation that claims they have suffered injury, loss or damage to their reputation in the case of Defamation of Character.

    * The Defendant is the person or organisation that the claim is brought against

 

The claimant must bring the case to court, as the state has no interest in overseeing 'civil' wrongs. Many cases never get to court; often the solicitor acting on behalf of a claimant will reach a settlement outside of court. (Out of court settlements)

 

This is often a good thing as the cost of taking a civil case to court can be enormous. In the case of Neil Hamilton, a former MP, his political and personal reputation was destroyed and he was left facing an estimated £2 million legal bill after losing his libel battle against Al Fayed.

 

Civil actions are heard in either the 'County' or 'High' Court. The deciding factor in where a civil case is heard is the amount of money involved.

 

    * Cases worth less than £25,000 are always heard in the County court

    * Cases worth more than £50,000 are always heard in the High court

    * A 'fast track' system for claims below £5,000 exists in the County court. It cuts down the time, and the costs, of resolving smaller disputes.

 

 

    * File a formal request for summons to the court within four months of the dispute beginning

    * Provide the court with two copies of the details of the claim

    * Prove that they can pay any costs associated with the hearing of the case

    * Submit suitable medical certificates if the claim concerns personal injury.

 

 

    * Admit responsibility

    * File a defence.

    * If the defendant fails to do either within 14 days a 'default judgement' may be imposed, meaning the case is automatically ruled in the claimant's favour.

 

A verdict in either the high or county court isn't necessarily the end of the claim. Cases can be appealed and will then be heard in the Court of Appeal, but even that is not the final say on the matter. In certain circumstances a case may also be heard by the House of Lords, the final court of appeal in the United Kingdom.