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 expressions using the following words and translate them:

А В

1. to institute	a. writ/summons		1. wrongful	a. case
2. to deal with	b. a decree		2. actual	b. party
3. to contest	c. the conduct		3. domestic	c. inquiry
4. to grant	d. trial		4. appropriate	d. proceedings
5. to serve on	e. a case		5. lay	e. trial
6. to clarify	f. differences		6.preliminary	f. procedure
7. to state	g. pleadings		7. private	g. justices
8. to settle	h. a claim		8. injured	h. act
9. to restrain	i. a proceeding		9. civil	i. form
10. to insist on	j. the nature		10. subsequent	j. matters

Exercise 2.8. Fill in the gaps with necessary words or expressions 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. If not so, correct them.

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

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

3. The summons is an official document that helps know the plaintiff's demands.

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

5. All civil disputes are decided in the court.

6. There is the only relief in civil proceedings; it is the judgement for money damages.

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

1. To bring a civil proceeding ....

1. it's necessary to conduct preliminary investigation about the complaint;

2. it's necessary to establish all facts of the claim before its registration;

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

2. Pleadings are ... .

1. documents allowing to institute civil proceedings;

2. documents disclosing the nature of a dispute;

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

3. Civil proceedings ... .

1. are usually ended without reaching the trial stage;

2. are abandoned without court action but some kinds of cases are dealt with by the judge only in the court-room;

3. are tried in a court.