The UK has a fascinating legal system of both Common Law and Civil Law. In this article, we will explore the differences between the two and identify the key ways that Civil Law is used to govern offences in the United Kingdom.
Let’s answer the question, “what is Civil Law in the UK?”.
Where Is Civil Law Used In The UK?
The UK, England, and Ireland have a ‘Common Law System’, which means there is little codification of the law, and judicial precedents are binding instead of persuasive. In Scotland, however, there is ‘Scots Law’, a blend of both Civil and Common Law. They will use little bits of both legal systems depending on the crime. A good Scottish lawyer will understand the boundaries of both types of law and how they intersect to promote a positive justice system.
Where Does Civil Law Come From?
Civil law systems are often called Romano-Germanic legal systems or the ‘continental legal system’. They are based on concepts from Roman law and are often modified by the customs and cultures of the place in which the system is being used.
What Are Some Of The Features Of Civil Law?
Civil law is both a simple system and a complex system. One of the key features of the system is that it is created to be easily understood by all those who operate under it, as such, it should comprise the following qualities:
- A clear expression of duties and rights (people should know the remedies and consequences of breaking the law).
- Accessibility to the citizen (the system should be simple to understand, at least where jurisdictions are codified)
- Advance disclosure of rules (people should be aware of the law, and know what it takes to break it).
Common Law often differs from Civil in that its rules are less stringent. It takes a more ‘case by case’ individualistic approach to legal affairs.
What Is The Difference Between Civil And Common Law?
Some of the key differences between Civil and Common Law include the following:
- Written Constitutions – Common Law may not always have written constitutions, but Civil Law will always have them.
- Judicial Decisions – In Common Law, a judicial decision is binding. Civil Law is not binding on third parties; however, constitutional and administrative court decisions on laws and regulations are binding to all.
- Freedom Of Contract – In Common Law, there is extensive freedom of contract – only a few provisions can be applied to bind you into a contract legally. In Civil law, there is much less freedom. Several provisions implied by the law will bind you into the contract.
In common law courts, a judge has less power in the overall investigation, and instead, the lawyers will guide interrogations and present evidence. In Civil Law, however, the judge has much more power and will act as the lead investigator for the case.
What Happens During A Civil Law Trial?
In places such as Scotland, which employ both legal systems, a Civil country case will be used to handle issues such as debt, housing disputes or bankruptcy. These cases will be dealt with in either the Sheriff’s Court or Court of Session, whilst bigger cases (such as major criminal offences) will be tried in a Common Law court.
During a civil lawsuit, the lawyer will first meet with a party and will:
- Interview their client
- Interview any other witnesses
- Decide on whether there’s enough evidence to proceed
- Approach the courts with evidence and arrange a trial
Following this, Civil court papers will be served to the party to whom the claim is raised. Similarly, if it is a debt collection case, papers will be served to the person who needs to pay the debt.
If the case is disputed, the court can decide on a date for hearing evidence. This allows witnesses to go to court and tell them what they know about the case.
In most Civil Law cases, a thing known as ‘the balance of probabilities’ occurs, meaning that the case is brought forward to give the parties a chance to prove it’s more likely than not that what they’re claiming is true. This is less strict than ‘beyond reasonable doubt’, which occurs at criminal hearings.
The trial occurs at either the Sheriff’s court or the Court of Session. There will be a judge, lawyers for both parties (unless one has requested to represent themselves), witnesses, a court clerk (who takes care of filing and papers) and a court officer. If it is a widely publicised case, the press may also be present to report on the proceedings.
If the trial is unsuccessful, or the parties are unhappy with the results, they can advance it to the UK supreme court.
Is Civil Law Used In The USA?
In Central and South America, almost all the countries have civil codes. Some elements of Civil law can also be found in North America, where a few states have taken on the code, such as Louisiana.
America has an interesting and varied legal system as states differ in their approach to the law – this is why some states can legalise things that others cannot, as seen with the popularised legalisation of the drug cannabis.
Final Thoughts,
Civil law has many benefits that have kept it a working system since Roman times. It is a fair and just system which prioritises a set of carefully laid out rules so that a society can function without major transgressions.
We hope we have been able to accurately answer your question, “what is Civil Law in the UK?”. Don’t forget – if you’re considering moving to the UK and want to learn more about the legal systems in place – check out your local county’s government website for more information specific to the region you’re moving to.
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