Professional Documents
Culture Documents
PDFelement
CIVIL
PROCEEDINGS IN
ENGLAND &
WALES
Separate legal
systems, laws, courts,
prosecution services,
central authorities.
VOCABULARY
Vocabulary
• “ACTION”: term used at the initial stage (e.g.
‘cause of action’, ‘right of action’, ‘no cause of
action’).
Disputes
• Most disputes concern:
• Breach of contract
• Tort (wrongful act independent of a contract)
• Property rights
• Successions or contentious probates
• Industrial or intellectual property
• Personal injury
• Loss of or damage to property
• Damage to reputation
• Damage to rights (infringement of rights)
Remedies
• Claimant seeks a remedy:
Damages. Usual remedy.
Relief (e.g., exemption from a charge, duty or
liability).
- Plaintiff “Claimant”.
pretensiones in Spanish).
- Discovery “Disclosure”.
Tracks:
- The small claims track (ordinary claims,
there is an amount limit for the value of the case,
simple procedural rules).
- The fast track (higher amount limit).
- The multi-track (still higher amount limit,
more complex cases).
Inglés Profesional y Académico 14
Wondershare
PDFelement
ALTERNATIVE DISPUTE
RESOLUTION (ADR)
(1) Mediation
A process for resolving disagreements in which
an impartial third party (the mediator) helps
people in dispute to find a mutually acceptable
resolution.
http://www.youtube.com/watch?v=bXXCIqHFfV0&fe
ature=related
(2) Arbitration
• Dispute resolution in which a neutral third party
(arbitrator) renders a decision after a hearing.
• Arbitration awards (not ‘judgments’) ARE binding
decisions.
• In commercial disputes and consumer claims.
THE TRIAL
THE JUDGMENT
The judgment
(1) Judgment for the claimant (plaintiff).
(2) Judgment for the defendant.