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proceedings, e.g.
A case starts as summary. Up to the time of the conclusion of the prosecution
evidence, the magistrates can decide that the matter should be dealt with on
indictment. The magistrates then become examining magistrates.
A case starts as committal proceedings. The magistrates decide that the case can
be dealt with summarily. The consent of the defendant is necessary in such cases.
Civil Liabilities
In contrast to criminal liability, civil liability refers to the penalty that can be imposed by
a civil court and differs in a number of ways.
A civil action generally involves individuals, a claimant suing a defendant for a remedy
or remedies. In most cases the remedy takes the form of damages, a form of financial
compensation.
In addition, a civil case must be proved on the balance of probabilities, which is a lesser
standard than that of beyond reasonable doubt required in a criminal case.
The civil courts are the County Court and the High Court, and much of their work is
concerned with claims for injuries sustained at work which may be dealt with by these
courts or even settled out of court.
Tort of Negligence: A tort in English law is a breach of a legal duty imposed by law (the
equivalent in Scotland is known as a delict). It applies most commonly in two areas, i.e.
nuisance and trespass, but the most important area in this course is the tort of
negligence.
The duty of care concept is closely allied to the tort of negligence. If by carelessness, by
act or omission, a person injures another he is likely to be guilty of negligence. Under
common law we all have a duty to exercise care towards others. These ideas are
developed further below.
Negligence implies a neglect to do something - it is the lack of duty of care
In order to sue successfully for negligence there are three main points to establish:
That the defendant was under a duty of care to the claimant (injured party)
That the duty had been breached
That as a result of the breach the claimant suffered damage - the harm suffered
being not too remote from the breach.
