Public or private law? Thread poster: Carolina Miraglia
|
|---|
Hello everyone. I'm analyzing a civil case and there's something I'm not sure about, which is within which category of law this particular case falls on. I understand the concepts of civil, public and private law, but, although I always thought that civil cases were always of a private law nature, there are certain aspects which differ from a private law case.
Here is the case I'm dea... See more Hello everyone. I'm analyzing a civil case and there's something I'm not sure about, which is within which category of law this particular case falls on. I understand the concepts of civil, public and private law, but, although I always thought that civil cases were always of a private law nature, there are certain aspects which differ from a private law case.
Here is the case I'm dealing with:
https://www.judiciary.gov.uk/wp-content/uploads/2015/07/andrews-v-ss.pdf
In the issue of the case, I understand that the State (a Council) is concerned, as well as the Secretary of State for Environment, Food and Rural Affairs that is the Defendant and Respondent to the case. Furthermore, administrative law and a judicial review are other aspects involved.
I would be grateful if you could help me with this, please. Thank you and kind regards. ▲ Collapse
| | | |
Hi Caromiraglia,
The case you are dealing with concerns an aspect of public law. In fact, it is administrative law.
The dispute is between an individual and a public authority (county council) concerning a decision by that authority exercising a public power (adoption of a definitive map showing bridleways).
The applicant already appealled to the Secretary of State's inspectors against the County Council decision. His application for judicial review of the ... See more Hi Caromiraglia,
The case you are dealing with concerns an aspect of public law. In fact, it is administrative law.
The dispute is between an individual and a public authority (county council) concerning a decision by that authority exercising a public power (adoption of a definitive map showing bridleways).
The applicant already appealled to the Secretary of State's inspectors against the County Council decision. His application for judicial review of the inspectors' decision failed at first instance (judgment of Foskett J) and in the judgment you are reading, it also fails at second instance in the Court of Appeal.
The case is public law (administrative law) because of its subject-matter. The power to designate paths and bridleways etc is a public law power.
HTH Paul ▲ Collapse
| | | | | From Wikipedia | Jun 29, 2016 |
"Private law in common law jurisdictions
The concept of private law in common law countries is a little more broad, in that it also encompasses private relationships between governments and private individuals or other entities. That is, relationships between governments and individuals based on the law of contract or torts are governed by private law, and are not considered to be within the scope of public law."
By the way, sooner or later donate to keep the WP going!
| | | | To report site rules violations or get help, contact a site moderator: You can also contact site staff by submitting a support request » Public or private law? | Anycount & Translation Office 3000 | Translation Office 3000
Translation Office 3000 is an advanced accounting tool for freelance translators and small agencies. TO3000 easily and seamlessly integrates with the business life of professional freelance translators.
More info » |
| | Protemos translation business management system | Create your account in minutes, and start working! 3-month trial for agencies, and free for freelancers!
The system lets you keep client/vendor database, with contacts and rates, manage projects and assign jobs to vendors, issue invoices, track payments, store and manage project files, generate business reports on turnover profit per client/manager etc.
More info » |
|
| | | | X Sign in to your ProZ.com account... | | | | | |
Login to reply/comment 
Translation news
