THE ENGLISH LEGAL SYSTEM 02

Prepared by Manoj Suranga

Types of Law in English Legal System
• Common Law and Equity

• Private Law and Public Law

• Criminal Law and Civil Law

Common Law and Equity
Due to the Norman Conquest of England in 1066, number of legal
concepts from Norman Law were incorporated into the English Legal
System; therefore the English legal system has been described as a
common law system.
Characteristics of Common Law:
1. Developed from local customs
2. Introduced the system of precedent
3. The only remedy is damages
4. Rigid and inflexible
Common Law and Equity
The equity was developed two or three centuries after common law for
the purpose introducing fairness to the English legal system.
Characteristics of Equity Law:
• It is more flexible than common law
• Developed as a petition by parties who suffered with injustice of
common law
• New discretionary remedies were introduced such as injunctions and
specific performance
Limitations of Equity Law
Equity has its own limitations. According to Sir William Blackstone
(1723-1780),

"Law, without equity, though hard and disagreeable, is much more

desirable for the public good than equity without law, which would
make every judge a legislator, and introduce most infinite confusion, as
there would be almost as many different rules of action laid down in our
courts as there are differences of capacity and sentiment in the human
mind."
Public and Private Law
Public Law involves the relationship between individuals and the state
and is concerned with the decisions by and control of government
bodies.
Public Law is made up of,
• Criminal law
• Constitutional law
• Administrative law

Private Law is concerned with the rights and duties between individuals
and cover areas of law such as contract, tort, property, company and
family law. The individuals may be private persons, companies, or even
a state body.
Civil Law and Criminal Law

Civil law deals with disputes between one entity and another. It is a
form of private law and involves the relationships between individual
citizens.
Examples:
Personal injury, breaches of contracts, employment tribunals,
negligence

Criminal Law deals with an individual’s offenses against the state. It is a

form of public law.
Examples:
Murder, Manslaughter, Fraud, Assault, Sexual offences, Burglary
 Civil Law and Criminal Law
Criminal Law
Purpose the enforcement of particular
forms of behavior by the State
Criminal case will be reported as
“Regina (Queen) v …..”
Burden of Proof On the prosecution
Standard of Proof Must be shown beyond
reasonable doubt
Object To regulate society by the
punishments
Remedies If found guilty, the accused will
be sentenced a period of
imprisonment
Civil Law
to settle disputes between
individuals and to provide
remedies.
Civil cases are reported as
“claimant vs. defendant)
On the claimant
Must be shown on balance of
probabilities
To provide a financial
compensation to restate the
position of claimant
The defendant will be ordered to
pay damages or other remedies
such as special performance
Civil and Criminal Courts Structure
Cases Heard in Different Courts
Magistrates’ Court - Jurisdiction is mainly criminal but does have civil jurisdiction in family
matters such as contact orders, adoption and maintenance.

County Court - First instance civil claims in contract, tort, landlord and tenant, probate and
insolvency.

Three divisions of High Court

1. Queen’s Bench Division
• Hears matters of contract law, personal injury, negligence, etc
• Hears appeals by way of case stated from Magistrates’, County court and some from the
Crown Court
2. Chancery Division
Hears matters relating to business law, trusts, probate and land law
3. Family Division
Hears matrimonial cases, family property cases, proceedings relating to children (wardship,
guardianship, adoption, etc)
The Three Track System (Civil Cases)
According to the value of claims, there are three tracks for hearing cases:
1. The small claims track – Simple claims valued at not more than £10,000
2. The fast-track – moderately valued claims of between £10,000 and
£25,000
3. The multitrack – claims over £25,000/ complex claims

County court deals with all small claims track cases, majority of fast-track
cases and some multitrack cases. All other claims are dealt with by the High
Court.
Other Courts
Court of Justice of the European Union (CJEU)
• Deals with actions between EU institutions and the member states
• It has the ultimate authority for the interpretation of European Law
• CJEU is superior to the supreme court
• Cases are referred by national courts and no appeal.

European Court of Human Rights (ECtHR)

The final court of appeal in relation to matters concerning HRA 1998. No appeal

Judicial Committee of the Privy Council (JPC)

The highest court of appeal for cases in commonwealth countries.
The right to appeal to the JPC is regulated by the constitution and legislation of the
particular country. No appeal
BREXIT and Changes in Court System