Civil Proceedings in the United Kingdom

The civil law of England, Wales and Northern Ireland covers business related to the family, property, contracts and torts (non-contractual wrongful acts suffered by one person at the hands of another). It also includes constitutional, administrative, industrial and other laws.

In England and Wales civil proceedings are instituted by the aggrieved person; no preliminary inquiry on the authenticity of the grievance is required. Actions in the High Court are usually begun by a writ of summons served on the defendant by the plaintiff or his representative. County court proceedings are initiated by a summons served on the defendant by the court; subsequent procedure is simpler than in the High Court. Higher courts deal with more complicated civil cases.

The writ of summons states the nature of the plaintiff’s claim against the defendant and the relief he seeks to obtain. It may be damages, the recovery of the debt, or an injunction restraining the defendant from carrying out a course of conduct. If the defendant intends to contest the claim he “enters an appearance” informing the court about his decision in the appropriate form. The next step is the delivery of “ pleadings ” to the court - documents setting out the precise question in dispute. Either party may apply for an order that the other should clarify his pleadings or disclose additional documents relevant to dispute.

Because civil proceedings are private matters, they can usually be abandoned or ended by compromise at any time. In fact the parties to a dispute in the great majority of cases settle difference through their solicitors before the stage of actual trial is reached. Divorce proceedings are exceptional because a decree of divorce can only be granted in court, either after a hearing or (in certain limited classes of cases) on a certificate by the registrar that the grounds for divorce have been established. A decree of divorce must be pronounced in open court, but a procedure for most undefended cases dispenses with the need to give evidence in court and permits written evidence to be considered by the registrar.

Actions brought to a court are usually tried by a judge without a jury, except in defamation, false imprisonment, or malicious prosecution cases, when either party may, except in certain special circumstances, insist on trial by jury, or a fraud case, when the defendant may claim this right. The jury decides questions of fact and damages awarded to the injured party; majority verdicts may be accepted.

An action in a magistrates’ court is begun by a complaint on which the court may serve the defendant with a summons. This contains details of the complaint and the date on which it will be heard. Parties and witnesses give their evidence at the court hearing. Domestic proceedings are normally heard by not more than three lay justices including, where practicable, a woman; members of the public are not allowed to be present. The court may order provisions for custody, access and supervision of children, as well as maintenance payments for spouses and children.

Judgements in civil cases are enforceable through the authority of the court. Most are for sums of money and may be enforced, in cases of default, by seizure of the debtor’s goods or by a court order requiring an employer to make periodic payments to the court by deduction from the debtor’s wages. Other judgements can take the form of an injunction restraining someone from performing an illegal act. Refusal to obey a judgement may result in imprisonment for contempt of court. Arrest under an order of committal may be effected only on warrant.

Normally the court orders the costs of an action to be paid by the party losing it, but, in the case of family law maintenance proceedings, a magistrates’ court can order either party to pay the whole or part of other’s costs.

Exercise 2.7. Make up correct word combinations out of the following and translate them:

A B

1. to institute 2. to deal with 3. to contest 4. to grant 5. to serve on 6. to clarify 7. to state 8. to settle 9. to restrain 10. to insist on

a. writ/summons b. a decree c. the conduct d. trial e. a case f. difference g. pleadings h. the claim i. a proceeding j. the nature

1. wrongful 2. actual 3. domestic 4. appropriate 5. lay 6.preliminary 7. private 8. injured 9. civil 10.subsequent

a. case b. party c. inquiry d. proceedings e. trial f. procedure g. justices h. act i. form j. matters

Exercise 2.8. Fill in the gaps with necessary words or word combinations from the list given below.

1. Tort is considered as __________ that causes injury to a person or property and for which the law allows a claim under civil law.

2. Mr. Black’s wife has got all the grounds for _________.

3. His ________ to ownership is invalid.

4. It’s not easy to start divorce __________.

5. __________ into a possible motive turned up nothing.

6. The trickster has been under _________ for two weeks already.

7. _________ justices are those who have no legal training.

8. __________ is an official document that orders a person to appear in a court of law.

(Summons; supervision; divorce; lay; proceedings; wrongful act; inquiry; claim)

Exercise 2.9. Read the text again to decide whether the following statements are true or false. Argue your decision.

1. Civil law is concerned with claims for damages regarding to wrongful acts that cause injury to a person or property.

2. Only the bodies empowered by the State can institute civil proceedings.

3. Summons is an official document that helps to know the plaintiff’s demands.

4. To contest the claim the defendant must appear in the court and to file a counterclaim.

5. All civil disputes are solved in the court.

6. There is only one civil remedy, it is a judgement for money damages.

Exercise 2.10. Choose a), b) or c) to complete the following sentences.

1. To bring a civil proceeding ….

a) it’s necessary to conduct preliminary investigation about the complaint;

b) it’s necessary to establish all facts of the claim before its registration;

c) there is no need to conduct preliminary investigation about the authenticity of the complaint.

2. Pleadings are ….

a) documents allowing to institute civil proceedings;

b) documents disclosing the nature of a dispute;

c) documents informing the defendant that the civil procedure against him has been brought.

3. Civil proceedings are ….

a) usually ended without reaching the trial stage;

b) often abandoned without court action but some kinds of cases are dealt with only in the court-room by a justice;

c) always tried in a court.

4. As a rule divorce proceedings are conducted in the court-building because ….

a) the former spouses can get the official document about the dissolution of marriage only in court;

b) it’s the most difficult kind of cases to be decided without a justice;

c) parties need to be presented by their solicitors.

5. All evidence of parties and witnesses are recorded by ….

a) a justice;

b) a registrar;

c) a debtor.

6. All court costs are usually paid by ….

a) the party having lost the action;

b) the injured person;

c) the person having won the action.

Exercise 2.11. Choose the meaning of the word used in the text“Civil Proceedings in the United Kingdom”.

1. relief

a. the reduction of pain or the effect of an illness

b. the right not to have to pay the full amount of tax or interest on an amount of money

c. the right not to have to pay the full amount of tax or interest on an amount of money

2. to initiate

a. to start a legal case or process

b. to introduce someone to a skill, subject, or activity and teach them about it

c. to make someone a member of an organization or group, often with a special ceremony

3. registrar

a. a doctor in a hospital who has qualified and is training to be a consultant

b. someone whose job is to keep official records, especially of births, deaths and marriages

c. someone who consults the justice during the civil action

4. action

a. fighting that is part of a war

b. the events that form part of a play or film

c. the process of bringing a case to a court of law

5. debt

a. an obligation to be grateful to someone because they have done something for you

b. an amount of money that you owe

c. payment which must be, but has not yet been, paid to somebody

Exercise 2.12. Answer the following questions on the text “Civil Proceedings in the United Kingdom”.

1. What business does the civil law cover?

2. Who institutes civil proceedings in England and Wales?

3. What way are civil actions in the High Court begun?

4. What way are County court proceedings initiated?

5. What does the writ of summons state?

6. What may the relief be according to the civil law of the United Kingdom?

7. What must the defendant do if he intends to contest the claim?

8. What are pleadings?

9. How can civil proceedings be ended?

10. Why are divorce proceedings decided in court?

11. What kinds of cases are tried by a jury?

12. What does the summons contain?

13. What may the court order regarding to children during divorce proceedings?

14. What may judgements be in civil cases?

15. What may refusal to obey a judgement result in?

Exercise 2.13. Read the text “How Can Disputes Be Resolved Privately?” and make comments on it.

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