What I subsequently
saw in civil proceedings in which I faced counsel for as many as three parties at one time never really came close to being what any sane person would call due process.
Not exact matches
The report includes the recommendation that all cases «concerning legal support for children should be brought back into the scope of
civil legal aid» and that cases within certain criteria, including local authority involvement
in private law family
proceedings, should be covered (
see p 28 of the report).
I think that most people
in this country have, at one point or another,
seen Law and Order or some show like it, and they've
seen someone be told, «If you are indigent, if you can not afford a lawyer, one will be provided to you at state expense,» and they don't necessarily understand that, that only applies to criminal
proceedings, not
civil ones.
For respondents or defendants subject to
civil proceedings, the right to refuse to answer questions was enshrined
in common law and statute (
see Lord Justice Goddard
in Blunt v ParkLaneHotel [1942] 2 KB 253, [1942] 2 All ER 187).
It would not be surprising to
see more plaintiffs assert a human rights violation
in civil (court)
proceedings.
As a consequence, the question at WCAT
proceedings should have been whether the Board and the Hearing Officer erred
in making the determination — the burden of proof lies with Maritime Paper to prove, on the
civil standard, that «it was more likely than not that Mr. LeBlanc was not entitled to a PMI of 14 %» [
see para. 26].
The Jackson reforms introducing the Simmons v Castle uplift related specifically to «
civil proceedings» and tribunal
proceedings are not «
civil proceedings» (
see also the EAT's decision
in Chawla v Hewlett Packard Ltd).
The courts have also held that allegations of dishonesty
in civil proceedings do not require the criminal standard:
see eg, Dadourian Group International inc v Sims [2009] 1 Lloyd's Rep 601 an action for the tort of deceit; and Wanjiku v Secretary of State for the Home Department [2011] EWCA Civ 264, concerning automatic refusal of leave to enter or remain
in the UK where «false representations» have been made.