Civil Law in UK Law

Leading Cases
  • Council of Civil Service Unions v Minister for the Civil Service
    • House of Lords
    • 22 Nov 1984

    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. "Irrationality" by now can stand upon its own feet as an accepted ground on which a decision may be attacked by judicial review.

  • R (McCann) v Manchester Crown Court
    • House of Lords
    • 17 Oct 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.

  • Dorset Yacht Company Ltd v Home Office
    • House of Lords
    • 06 May 1970

    Donoghue v. Stevenson [1932] A.C. 562 may be regarded as a milestone, and the well-known passage in Lord Atkin's speech should I think be regarded as a statement of principle. It is not to be treated as if it were a statutory definition. But I think that the time has come when we can and should say that it ought to apply unless there is some justification or valid explanation for its exclusion.

    It is, I apprehend, for practical reasons of this kind that over the past century the public law concept of ultra vires has replaced the civil law concept of negligence as the test of the legality, and consequently of the actionability, of acts or omissions of government departments or public authorities done in the exercise of a discretion conferred upon them by Parliament as to the means by which they are to achieve a particular public purpose.

  • Mitchell v News Group Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 27 Nov 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.

  • Jefferson Ltd v Bhetcha
    • Court of Appeal (Civil Division)
    • 03 May 1979

    There is, I say again, in my judgment, no principle of law that a plaintiff in a civil action is to be debarred from pursuing that action in accordance with the normal rules for the conduct of civil actions merely because so to do would, or might, result in the defendant, if he wished to defend the action, having to disclose, by an affidavit under Order 14, or in the pleading of his defence,or by way of discovery or otherwise, what his defence is or may be, in whole or in part, with the result -chat he might be giving an indication of what his defence was likely to be in the contemporaneous criminal proceedings.

  • Kleinwort Benson Ltd v Lincoln City Council
    • House of Lords
    • 29 Oct 1998

    But it does mean that, when the judges state what the law is, their decisions do, in the sense I have described, have a retrospective effect. It is inevitable in relation to the particular case before the court, in which the events must have occurred some time, perhaps some years, before the judge's decision is made. But it is also inevitable in relation to other cases in which the law as so stated will in future fall to be applied.

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  • Statute Law Revision and Civil Procedure Act 1883
    • UK Non-devolved
    • 1 de Enero de 1883
  • Marriage (Same Sex Couples) Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... An Act to make provision for the marriage of same sex couples in England and Wales, about gender change by married persons and civil partners, about consular functions in relation to marriage, for the marriage of armed forces personnel overseas, for permitting marriages according ......
  • Modern Slavery Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... S-47 . Civil legal aid for victims of slavery 47 Civil legal aid for victims of slavery . (1) Schedule 1 to the Legal Aid, Sentencing and Punishment of ......
  • Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016
    • Scotland
    • 1 de Enero de 2016
    ...... . (4) But it is not the purpose of an inquiry to establish civil or criminal liability. . (5) In this Act, unless the context requires otherwise-. . . (a) "inquiry" means an inquiry held, or to be held, under ......
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