Civil Law in UK Law

Leading Cases
  • R (McCann) v Manchester Crown Court
    • House of Lords
    • 17 Octubre 2002

    However, I agree that, given the seriousness of matters involved, at least some reference to the heightened civil standard would usually be necessary: In re H (Minors)(Sexual Abuse: Standard of Proof) [1996] AC 563, 586D-H, per Lord Nicholls of Birkenhead. But in my view pragmatism dictates that the task of magistrates should be made more straightforward by ruling that they must in all cases under section 1 apply the criminal standard.

  • Rookes v Barnard
    • House of Lords
    • 21 Enero 1964

    First, that your Lordships could not without a complete disregard of precedent, and indeed of statute, now arrive at a determination that refused altogether to recognise the exemplary principle. Secondly, that there are certain categories of cases in which an award of exemplary damages can serve a useful purpose in vindicating the strength of the law and thus affording a practical justification for admitting into the civil law a principle which ought logically to belong to the criminal.

    It extends to cases in which the Defendant is seeking to gain at the expense of the Plaintiff some object,—perhaps some property which he covets,—which either he could not obtain at all or not obtain except at a price greater than he wants to put down. Exemplary damages can properly be awarded whenever it is necessary to teach a wrongdoer that tort does not pay.

  • Mitchell v News Group Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 27 Noviembre 2013

    If the non-compliance cannot be characterised as trivial, then the burden is on the defaulting party to persuade the court to grant relief. If there is a good reason for it, the court will be likely to decide that relief should be granted.

  • Mood Music Publishing Company Ltd v De Wolfe Ltd
    • Court of Appeal (Civil Division)
    • 28 Octubre 1975

    In civil cases the Courts have followed a similar line but have not been so chary of admitting it. In civil cases the Courts will admit evidence of similar facts if it is logically probative, that is, if it is logically relevant in determining the matter which is in issue: provided that it is not oppressive or unfair to the other side: and also that the other side has fair notice of it and is able to deal with it.

  • Council of Civil Service Unions v Minister for the Civil Service
    • House of Lords
    • 22 Noviembre 1984

    By "irrationality" I mean what can by now be succinctly referred to as "Wednesbury unreasonableness" ( Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1948] 1 K.B. 223). It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it.

  • Broome v Cassell & Company Ltd
    • House of Lords
    • 23 Febrero 1972

    Logical analysis forces the conclusion therefore that in the result there would in a civil action have been punishment for conduct not particularised in any criminal code and that such punishment had taken the form of a fine not receivable by the State but as a sort of bonus by a private individual who would apart from it be solaced for the wrong done to him.

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Legislation
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Books & Journal Articles
  • Insurance Fraud and the Role of the Civil Law
    • No. 80-3, May 2017
    • The Modern Law Review
    Two UK Supreme Court decisions have considered insurance fraud. The first, Versloot Dredging BV v HDI‐Gerling Industries Versicherung (The DC Merwestone), concerned the use of a fraudulent device b...
  • The civil law: a potent crime-fighting device
    • No. 17-1, January 2014
    • Journal of Money Laundering Control
    • 4-16
    Purpose: – The purpose of this paper is to increase the awareness of attorneys-at-law about the potential risks that they may encounter as a result of the developments in “intermeddler liability”. ...
  • The Loss of Chance in Civil Law Countries: A Comparative and Critical Analysis
    • No. 20-1, March 2013
    • Maastricht Journal of European and Comparative Law
    Bearing in mind the judgments recently given by the Portuguese Supreme Court, which have recognized the right to be compensated for loss of chance for the first time, this article sets out to disco...
  • Codes of Conduct for the Judiciary in Civil Law Countries: The Dutch Example
    • No. 22-1, March 2004
    • Netherlands Quarterly of Human Rights
    Is a code of conduct for the judiciary necessary for safeguarding the reliability of courts? In the civil law tradition codes of conduct are not widespread. Some international initiatives follow th...
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