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The Civil Courts and Civil Process

Trial, judgment and enforcement

  • 3 things to know
  • Component 1

Overview

Standard of proof in a civil claim, duty of an expert witness in a civil claim and single joint expert.

What you need to know

Answer each one before you reveal it.

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Key term

Who decides a civil trial?

Key term

What is the standard of proof in a civil claim?

Numbers

In which civil cases can a jury still be used?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Who decides a civil trial?

    Model answer

    A judge sitting alone decides almost every civil trial in England and Wales. The judge decides the facts and the law and gives a reasoned judgment.

  2. 2

    What is the standard of proof in a civil claim?

    Model answer

    A claimant must prove a civil claim on the balance of probabilities. The claimant carries the burden of proving each element of the claim.

  3. 3

    In which civil cases can a jury still be used?

    Model answer

    A jury may still be used in claims for malicious prosecution, false imprisonment and civil fraud. The Senior Courts Act 1981 and the County Courts Act 1984 preserve those limited rights.

  4. 4

    What happened to jury trial in defamation claims?

    Model answer

    Section 11 of the Defamation Act 2013 removed the presumption in favour of jury trial in defamation. A defamation claim is now tried by a judge alone unless the court orders otherwise.

  5. 5

    What is disclosure?

    Model answer

    Disclosure is the stage at which each party lists the documents relevant to the case. Documents that harm a party's own case must be disclosed as well as those that help it.

  6. 6

    What is the duty of an expert witness in a civil claim?

    Model answer

    An expert witness gives an opinion within their expertise to help the court. The expert's duty is owed to the court and overrides any duty to the party paying the fee.

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AAn interim injunction restrains publication before trial.
BPublication cannot be undone.
CAn injunction may be the only effective remedy.

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A Public Bill changes the general law.
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