Role of Civil Law and its Courts

Role of Civil Law

Civil law focuses on disputes between individuals (including businesses) rather than criminal law which deals with offences committed against society.
The purpose of civil law is to resolve disputes and provide compensation for someone harmed by someone else’s behaviour.
If an individual feels they have been wronged, they can take their claim to a civil court where the case will be decided upon.
The party that brings the action is referred to as the claimant (or plaintiff), and the party facing the claim is known as the defendant.
A successful claim will typically result in damages (a sum of money) being awarded to the claimant.

The Civil Court Structure

The civil court structure in England and Wales consists of the County Court and the High Court at the first instance, followed by the Court of Appeal and the Supreme Court.
The County Court deals with most civil cases including contract disputes, negligence claims and property disputes. Cases are usually heard by a single judge without a jury.
The High Court deals with more complex and high value claims. There are three divisions: the Queen’s Bench Division, the Chancery Division, and the Family Division.
Appeals from the High Court and County Court go to the Court of Appeal. The Court of Appeal consists of the Civil Division and the Criminal Division.
The Supreme Court is the final court of appeal, handling a small number of cases that have significant importance.

Processes and Proceedings in Civil Cases

Civil cases are usually initiated by the filing of a claim form which sets out the facts of the dispute and the relief sought.
The defendant may then file and serve a defence to set out their version of events.
If the case proceeds to trial, both parties can present evidence and legal arguments, either in person or through their legal representatives. The judge will then make a judgement based on the evidence presented at trial.
In some cases, parties may opt for alternative dispute resolution (ADR) methods, such as mediation or arbitration, to avoid taking their dispute to court.
It’s important to remember that civil law and its courts aim to reach a fair resolution to disputes, keeping in mind the rights and responsibilities of all parties involved.