Legal System

The English legal system goes back centuries and that is one of it;s strengths. It is of course divided between the civil justice and criminal law systems and you are unlikely to find many solicitors, except perhaps those that deal with fraud cases, that will be both civil litigation solicitors and criminal solicitors.

The essence of the litigation system is that it is an adversarial process, that is to say it is largely up to the parties involved in a  civil dispute to put forward their own arguments and acquire their own evidence. this is in contrast to the inquisitorial approach favoured in continental europe and other jurisdictions where the court will compile much of the evidence and interfere much more in the case. Do you have a view or any experience as to which is the better of the two ?

The other thing to be aware of when it comes to the English legal system is that law is made up of both statute and common law sources. Statutory law is made by the Government passing legislations, although this still has to be also determined and interpreted by Judges. Common law is case law or judge made law.

Be aware also that European law also has an impact now on the English legal system, which comes from the infamous Human Rights law which seems to be coming into so many different areas of litigation now and is frankly a field day for solicitors, as it is so vague and the implications so significant.

So, in summary, there are many largely statutory areas of law such as Company law and employment law, but then there are lots of other areas where the law is largely Judge made such as in the area of equitable remedies based on negligence and personal injury claims are a good example of this. If in doubt, there are many excellent legal resources and solicitors who can guide you on these issues.