1. English for Lawyers 1 Lecturer: Miljen Matijašević
G10, room 6/I, Tue 11:30-12:30
Session 8

2. Today’s session Revision of the last session
Civil Procedure in England
Vocabulary work

3. Revision of the last session
The Legal Profession in England

4. Revision questions (solicitors)
Who are solicitors? Who do they work with?
Where do solicitors usually work?
What sort of work do they generally do?
Do they appear in court?
How do you become a solicitor?

5. Revision questions (barristers)
Who are barristers? Who are their clients?
What is the right of audience?
How are barristers referred to in court?
What type of business organisation do barristers normally have?
How do you become a barrister?

6. appear – lay – barrister – brief - right of audience – solicitor draft – conveyancing - advocacy - partnership – counsel
– I’m looking for a lawyer to help me buy some land for a business. – My firm undertakes a lot of We could advise you and help you to contracts.
- We’ve had some trouble in the past with getting large invoices paid. – We can do If your case goes to court, we have and I can in the lower courts.
- Can you appear in the Appeal Court? – No, I’m a but my firm would instruct a If a case were to go to the Appeal Court.
Solicitors usually work in large firms or , while barristers usually work alone.
In court, barristers are referred to as
Solicitors prepare and then instruct barristers, so that they could represent the client in the court of law.

7. appear – lay – barrister – brief - right of audience – solicitor draft – conveyancing - advocacy - partnership – counsel
– I’m looking for a lawyer to help me buy some land for a business. – My firm undertakes a lot of CONVEYANCING. We could advise you and help you to DRAFT contracts.
- We’ve had some trouble in the past with getting large invoices paid. – We can do ADVOCACY. If your case goes to court, we have THE RIGHT OF AUDIENCE and I can APPEAR in the lower courts.
- Can you appear in the Appeal Court? – No, I’m a SOLICITOR but my firm would instruct a BARRISTER. If a case were to go to the Appeal Court.
Solicitors usually work in large firms or PARTNERSHIPS, while barristers usually work alone.
In court, barristers are referred to as COUNSEL.
Solicitors prepare BRIEFS and then instruct barristers, so that they could represent the LAY client in the court of law.

8. Civil Procedure in England
Unit 9

9. Civil law Concerned with disputes between individuals
Action taken by the aggrieved party

10. Civil Procedure
procedure activated when one private citizen or enterprise seeks to bring another to court for a civil wrong against them, such as a breach of contract or a tort
TORT – an obligation NOT arising from a contract (e.g. negligence)

11. Civil Procedure Parties in a civil procedure (litigants):
CLAIMANT (formerly PLAINTIFF)
the person filing a lawsuit
DEFENDANT
the person being sued

12. Standard of proof the standard of proof: a balance of probabilities
in civil trials, the task of the court – to establish whether the defendant is LIABLE
LIABILITY – legal responsibility
the standard of proof:
a balance of probabilities
i.e. the claimant has to prove that it is more likely than not that the defendant is liable

13. Civil Procedure
unlike in criminal cases, the State has no interest in the outcome of the case
it is up to the claimant to file a lawsuit, UNLESS the State is one of the litigants, i.e. parties to the procedure
the interest and task of the State is to enable resolution of a private dispute, i.e. prescribe rules for civil procedures

14. Starting Proceedings
claimant issues/files a claim by filling in the claim form
the claim form functions as a summons and is served on the defendant (this is called service)
the claim must include the particulars of the claim (details) and specify the remedy sought

15. Starting Proceedings possible remedies
COMPENSATION/DAMAGES (specified or unspecified monetary sum)
INJUNCTION (a court order prohibiting certain conduct)
particulars may also include points of law and witness lists
claim forms must be served on the defendant within four months

16. Starting Proceedings
After he/she has been served, the defendant must within 14 days:
admit the claim,
file a defence,
file a counterclaim, or
acknowledge receipt

17. Starting Proceedings
if the defendant fails to choose any of those options, judgment may be given in favour of the claimant
if the defendant admits the claim, there is no trial
defendant may also request a default judgment
this is very frequent (3/4 of cases), e.g. in cases where a company is collecting debt from a customer

18. Starting Proceedings
parties encouraged to settle or choose a form of ADR (alternative dispute resolution), such as mediation
the court will facilitate an exchange of information between the parties
if one party obstructs the negotiations, they can be penalized in costs, if the action later comes to court
only under 20 per cent of civil disputes are ever brought to court

19. Starting Proceedings
if the case goes to trial, the procedural judge will determine the type of procedure to be followed and set the timetable for the trial
The types of procedure are known as REGIMES or TRACKS

20. Allocation to a regime This depends on: the remedy sought,
the complexity of facts, law and evidence
the number of parties,
the importance of the claim to non-parties, etc.

21. Three types of procedure
claims allocated to one of three regimes:
small claims track
for most actions under £5,000, which can be tried in a day
fast track
for most cases £5-15,000, or over one day’s trial
multi-track
for claims over £15,000, complex cases

22. Small claims track - trial
usually conducted in a district judge’s chambers
judges may choose the procedure to follow:
inquisitorial (judge asks most of the questions)
adversarial (opening statements, cross- examination of witnesses)
judges give formal judgments applying the law and state their reasons orally

23. Fast track standard procedure:
disclosure (of documents which adversely affect the case or support another party’s case, or as otherwise required),
exchange of witness statements, expert evidence,
fixing the trial date

24. Multi-track complex cases, no standard procedure
the following cases have been suggested for multi-track:
those of public importance (e.g. a dyslexic suing her local education authority for failure to diagnose her condition)
test cases (e.g. ex-miners suffering from respiratory diseases winning a case against British coal, which encouraged many others to claim compensation in 1988)
clinical disputes (a.k.a. medical negligence)

25. Basic trial procedure (fast/multi-track)
Claimant/claimant’s advocate makes their opening speech.
Claimant’s witnesses/expert witnesses are cross-examined, reports and documents are analysed
Defendant/defence advocate makes their opening speech
Defence witnesses/expert witnesses are cross-examined, reports and documents are analysed
Closing speeches by the parties or their representatives
Judge delivers judgment or sums up the evidence to the jury (if present) and they reach a verdict. Judge usually makes an order.
Judge hears arguments on costs an makes an order as to costs.
Judge hears applications for permission to appeal. Trials are recorded and transcripts may be requested.

26. Key vocabulary
remedy compensation Injunction ADR counterclaim small claims track fast track multi-track inquisitorial procedure adversarial procedure disclosure
breach of contract
tort
claimant
defendant
liable - liability
balance of probabilities
file a claim
summons
service
(to serve the claim ON the defendant)

27. adversarial - disclosure – claim form – counterclaim admission – inquisitorial - witness statement
The document in which the defendant makes a claim against the claimant:
The document in which the defendant agrees to the claim made by the claimant: the form of
The document starting a claim proceedings :
The system of justice in which each side collects and presents their own evidence and attacks their opponent by cross-examination:
The process by which the claimant is required to inform the defendant of documents they hold relevant to the claim:
The document giving evidence by someone who saw or heard something critical to the case
The system of justice in which the judge asks most of the questions:

28. Answers
The document in which the defendant makes a claim against the claimant: COUNTERCLAIM
The document in which the defendant agrees to the claim made by the claimant: the form of ADMISSION
The document starting a claim proceedings : CLAIM FORM
The system of justice in which each side collects and presents their own evidence and attacks their opponent by cross-examination: ADVERSARIAL
The process by which the claimant is required to inform the defendant of documents they hold relevant to the claim: DISCLOSURE
The document giving evidence by someone who saw or heard something critical to the case WITNESS STATEMENT
The system of justice in which the judge asks most of the questions: INQUISITORIAL

29. Thank you for your attention!