Civil Law
Extensive area concerning issues and disputes between private citizens.
Civil Law is an extensive area concerning issues and disputes between private citizens. In this instance, this area includes disputes concerning private and commercial transactions between private citizens, as well as the protection and enforcement of rights of private citizens. The civil courts hold powers which are used to resolve and enforce these disputes and individual rights; for instance, the issuance of debt orders, bankruptcy petitions, restraining orders, charging orders, money claims and enforcement orders.Here is what Civil Law covers:
Here is what Civil Law covers:
Bankruptcy is a legal process imposed by a court order, and normally initiated by a debtor who cannot afford to pay their creditors. By declaring bankruptcy, creditors are barred from seeking the repayment of their funds from the bankrupt individual, and most debts are dissolved after expiry of a statutory time limit. There are both advantages and disadvantages to declaring bankruptcy, with serious financial and legal consequences to consider.
A Civil Claim is a formal claim made by an applicant between individuals or individuals and the state. The applicant can address the complaint in a civil court, and can seek remedies, injunctions, sanctions and other forms of relief if they meet certain thresholds and conditions. Generally, civil claims are used to retrieve assets, compensation or enforce personal or contractual rights.
Civil Procedure is detailed in the Civil Procedure Rules which is a framework used by courts and parties to disputes when making or dealing with a civil claim. The Rules concern matters such as time constraints, the way evidence should be handled and produced, the variety of orders available to apply for, and sanctions for non-compliance of rules and orders.
When a party refuses or fails to comply with a court order made against them, the court may put in place a further order or authorise court enforcement agents to enforce the active court order made. This includes, for instance, allowing enforcement agents to remove persons from land or property, as well as the collection or removal of funds or assets to satisfy a debt.
An Interim Charging Order is a court order which allows a creditor to secure his debt against the debtor's property. This is made in the interim, if the court are satisfied that the debtor has a share or full ownership of the property in question. Interim orders can be made without notice, and once obtained, the creditor can register it against the debtor's property, prohibiting the sale of it until the court has made a final order. If a final order is made, the creditor could force the sale of the debtor's property to retrieve what is owed to them if certain conditions are met.
A Restraining order is an order put in place by the court which prevents an individual from contacting or visiting the applicant. This type of order can be put in place against an individual for a number of reasons. While the individual has a right to appeal the court's decision, if breached, there are serious consequences, including loss of child custody, being held in contempt of court, fines and imprisonment.
A Third Party Debt Order is a court order which permits a creditor to take what is owed to them directly from a third party who holds the debtors funds; rather than waiting for the debtor to transfer the same to them. The creditor will need to demonstrate that the debtor has the funds available to pay the creditor, but that they are held by a third party (such as a bank or employer).