1. Miljen Matijašević E-mail: miljen.matijasevic@gmail.commiljen.matijasevic@gmail.com Office: G10, room 6 (1st floor) Tue, 11:30-12:30

2. Today’s session 1. Revision of the last session 2. Legal Aid 3. Civil Procedure in the UK

3. Sources and Varieties of English Law – Statute Law in Britain

4. Revision questions 1. What are the four sources of English law? 2. Explain the two meanings of common law! 3. Who is subject to EU law and where is it created? 4. What are the origins of common law? 5. What about equity?

5. 1. The part of law concerned with the punishment of offences defined as crimes by the law 2. The branch of law concerned with family matters 3. The law of state regulating its domestic affairs 4. The part of law concerned with the constitution or government of the state, or the relationship between the state and citizens 5. The part of law concerned with income and taxes Complete the definitions for branches/fields of law, part 1

6. 1. The part of law concerned with the punishment of offences defined as crimes by the law CRIMINAL LAW 2. The branch of law concerned with family matters FAMILY LAW 3. The law of state regulating its domestic affairs NATIONAL LAW 4. The part of law concerned with the constitution or government of the state, or the relationship between the state and citizens CONSTITUTIONAL LAW 5. The part of law concerned with income and taxes REVENUE LAW Complete the definitions for branches/fields of law, part 1

7. 1. The branch of law primarily concerned with the rights and duties of individuals towards each other 2. The part of law consisting of rules which determine how a case is administered by the courts 3. The body of law which deals with the powers of the executive or administrative organs of the state 4. A body of rules that control or affect the rights of states in their relations with each other and of individuals in relation to foreign states 5. The law that determines the rights and duties, used by the courts in making decisions Complete the definitions for branches/fields of law, part 2

8. 1. The branch of law primarily concerned with the rights and duties of individuals towards each other PRIVATE (CIVIL) LAW 2. The part of law consisting of rules which determine how a case is administered by the courts PROCEDURAL LAW 3. The body of law which deals with the powers of the executive or administrative organs of the state ADMINISTRATIVE LAW 4. A body of rules that control or affect the rights of states in their relations with each other and of individuals in relation to foreign states INTERNATIONAL LAW 5. The law that determines the rights and duties, used by the courts in making decisions SUBSTANTIVE LAW Complete the definitions for branches/fields of law, part 2

9. 1. What are the executive bodies in the UK? 2. What are the parts of the British Parliament? 3. What do you know about each part? 4. What is the relationship between statute law and common law today? 6. Describe the legislative procedure in the British Parliament. 7. What is the Queen's role in Parliament? 8. What is a Bill? What types do you know? Revision questions

10. Unit 8

11. Legal Aid Answer the question with your partner: Equality before the law is a requirement laid down in the European Convention on Human Rights. Is that really the case in practice? Why (not)?

12. EQUALITY BEFORE THE LAW - implications: Everyone knows the law Everyone will be able to afford the same quality representation Two main needs: 1. obtaining good quality LEGAL ADVICE 2. being represented in a court of law (LEGAL REPRESENTATION) Access to Justice

13. European Convention on Human rights European Convention on Human rights – imported into English law in 2000 Principles in criminal procedure – everyone is entitled to: a fair and public hearing have adequate time and facilities for the preparation of their defence defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require In civil procedures: The aim is to ensure the litigant to be on an equal footing with their opponent (litigant – stranka u parničnom postupku) Access to Justice

14. Legal Aid Act 1988 – brings together various systematic schemes of legal aid Candidates for legal aid were put through a means test, and the case itself through a merit test (means – sredstva; merit – zasluga) Access to Justice

15. MEANS TEST – aimed at establishing whether the candidate is sufficiently financially disadvantaged to be eligible for legal aid MERIT TEST – the case is evaluated in order to establish whether it was relevant enough to receive public funding financially disadvantaged, adj. – poor eligible (for sth), adj. – meeting the criteria for sth Access to Justice

16. This system did not function very well - a lot of money was being spent and a very low percentage of the disadvantaged was actually getting free legal aid As a consequence alternative voluntary services developed to deal with the ‘unmet legal need’ The legal aid system radically reformed by the Access to Justice Act 1999 Access to Justice

17. Introduces new criteria and selection mechanisms Establishes the main authority for the organisation and provision of free legal aid: Legal Services Commission the Legal Services Commission (LSC) Set up as an executive non-departmental public body of the Ministry of Justice Access to Justice Act 1999

18. CONTRACTING In the earlier systems, any solicitor could provide legal assistance and then claim fees from the State Within the new system, only those legal professionals who meet certain quality criteria and then conclude a contract with the LSC can provide free legal aid. Contracted firms undergo regular quality audits, but are also provided training in areas of the law where free legal aid is regularly sought (homelessness, repossession of property, human rights, immigration and asylum, etc.) Legal Services Commission (LSC)

19. Funding for legal advice and representation available for: very expensive cases, judicial review (revizija sudskog postupka/ odluke), claims against public authorities (tužbe protiv upravnih tijela), clinical negligence (liječnički nemar), housing, family, mental health, immigration and asylum means test may apply The Funding Code

20. Funding for legal advice and representation NOT available for: personal injury claims, boundary disputes (sporovi oko me đ e), wills, defamation (kleveta), company law, etc. The Funding Code

21. CDS provides legal advice and representation to people under police investigation or facing criminal charges Run by the LSC in partnership with criminal defense lawyers and representatives Makes contracts and employs attorneys directly to provide legal advice and assistance (Public Defenders) Defendants have the right to choose another legal representative, other than the public defender Criminal Defence Service (CDS)

22. Cases in which the defendant is represented through CDS undergo a merit test, whose aim is to establish that the case is more than trivial Defendants undergo a means test Criminal Defence Service (CDS)

23. spouses’s assets may be required to contribute towards the cost of the proceedings Depending on the results of the test, in which a spouses’s assets and possible criminal assests are also considered, the defendant may be required to contribute towards the cost of the proceedings assets acquired through crime This is to prevent, among other things, defendants with assets acquired through crime from having access to free legal aid spouse, n. - supružnik assets, n. – imovina, sredstva Criminal Defence Service (CDS)

24. “No Win No Fee” Defined as “an agreement with a person providing advocacy or litigation services which provides for his fee and expenses, or any part of them, to be payable only in specified circumstances”, i.e. only if the lawyer wins the client’s case Available only for civil cases, prohibited in criminal proceedings and virtually all family proceedings. Conditional Fee Agreements (CFAs)

25. Legal Aid, Sentencing and Punishment of Offenders Act 2012 abolished the LSC instead, the Legal Aid Agency set up as of 2013 carries out similar work but no longer part of the Ministry of Justice greater independence in funding-related decision making Legal Aid Agency 2013

26. equality before the law legal advice legal representation means test merit test eligibleassets Legal Services Commission Legal Aid Agency contracting Conditional Fee Agreement ("no win no fee") Key vocabulary

28. provider – defamation – assets – eligible – judicial – claim 1. If it is established that a defendant in a criminal proceeding has substantial.............., he or she is not.............. for free legal aid. 2. Unhappy with the court’s decision, Mr. Caulfield filed for.............. review. 3. The Legal Services Commission concludes contracts with various.............. of legal assistance and representation, ranging from voluntary organisations to large law firms. 4. Marion Kirby thought the article published about her contained information damaging to her reputation, so she decided to file a.............. lawsuit against the author of the article. 5. In the past, legal aid could be obtained from any solicitor, who would then.............. their fees from the State. Vocabulary practice

29. provider – defamation – assets – eligible – judicial – claim 1. If it is established that a defendant in a criminal proceeding has substantial ASSETS, he or she is not ELIGIBLE for free legal aid. 2. Unhappy with the court’s decision, Mr. Caulfield filed for JUDICIAL review. 3. The Legal Services Commission concludes contracts with various PROVIDERS of legal assistance and representation, ranging from voluntary organisations to large law firms. 4. Marion Kirby thought the article published about her contained information damaging to her reputation, so she decided to file a DEFAMATION lawsuit against the author of the article. 5. In the past, legal aid could be obtained from any solicitor, who would then CLAIM their fees from the State. Vocabulary practice

30. Unit 9

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

32. 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) Civil Procedure

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

34. 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 Standard of proof

35. 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 prescribe rules for civil procedures (Civil Procedure Rules) the interest and task of the State is to enable resolution of a private dispute, i.e. prescribe rules for civil procedures (Civil Procedure Rules) Civil Procedure

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

37. 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 Starting Proceedings

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

39. 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 Starting Proceedings

40. parties encouraged to settle only under 20 per cent of civil disputes are ever brought to court the parties are invited to exchange information and seek to resolve the dispute outside court if one party obstructs the negotiations, they can be penalized in costs, if the action later comes to court Starting Proceedings

41. case will be allocated to a regime of trial depending on : the remedy sought, the complexity of facts, law and evidence the number of parties, the importance of the claim to non-parties, etc. Allocation to a regime

42. claims allocated to one of three REGIMES: 1. small claims track for most actions under £5,000, which can be tried in a day 2. fast track for most cases £5-15,000, or over one day’s trial 3. multi-track for claims over £15,000 Three types of procedure

43. 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 Small claims track

44. 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 Fast track

45. complex cases, no standard procedure high-profile cases, class actions (involving several claimants against one defendant) intention is to be flexible potentially high costs of trial – incentive to settle Multi-track

46. 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) etc. Multi-track

47. 1. Claimant/claimant’s advocate makes their opening speech. 2. Claimant’s witnesses/expert witnesses are cross-examined, reports and documents are analysed 3. Defendant/defence advocate makes their opening speech 4. Defence witnesses/expert witnesses are cross-examined, reports and documents are analysed 5. Closing speeches by the parties or their representatives 6. Judge delivers judgment or sums up the evidence to the jury (if present) and they reach a verdict. Judge usually makes an order. 7. Judge hears arguments on costs an makes an order as to costs. 8. Judge hears applications for permission to appeal. Trials are recorded and transcripts may be requested. Basic trial procedure (fast/multi-track)

48. at the end of the claimant’s evidence in the trial, the defendant may submit to the court there is “no case to answer” this means he considers that the claimant’s case has no real prospect of success if the court agrees, it will uphold that submission and make a ruling in favour of the defendant “No case to answer”

49. Key vocabulary breach of contract tortclaimantdefendant liable - liability balance of probabilities file a claim summonsservice (to serve the claim ON the defendant) remedycompensationinjunctioncounterclaim small claims track fast track multi-track inquisitorial procedure adversarial procedure disclosure "no case to answer"

51. 1. The document in which the defendant makes a claim against the claimant:.............. 2. The document in which the defendant agrees to the claim made by the claimant: the form of.............. 3. The document starting a claim proceedings :............... 4. The system of justice in which each side collects and presents their own evidence and attacks their opponent by cross-examination:............... 5. The process by which the claimant is required to inform the defendant of documents they hold relevant to the claim:............... 6. The document giving evidence by someone who saw or heard something critical to the case............... 7. The system of justice in which the judge asks most of the questions:............... adversarial - disclosure – claim form – counterclaim admission – inquisitorial - witness statement

52. 1. The document in which the defendant makes a claim against the claimant: COUNTERCLAIM 2. The document in which the defendant agrees to the claim made by the claimant: the form of ADMISSION 3. The document starting a claim proceedings : CLAIM FORM 4. The system of justice in which each side collects and presents their own evidence and attacks their opponent by cross-examination: ADVERSARIAL 5. The process by which the claimant is required to inform the defendant of documents they hold relevant to the claim: DISCLOSURE 6. The document giving evidence by someone who saw or heard something critical to the case WITNESS STATEMENT 7. The system of justice in which the judge asks most of the questions: INQUISITORIAL Answers

53. Thank you for your attention!