Public or private law?
Thread poster: Carolina Miraglia

Carolina Miraglia
Local time: 06:46
English to Spanish
+ ...
Jun 27, 2016

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:

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.


Paul Skidmore  Identity Verified
Local time: 11:46
German to English
Public law Jun 28, 2016

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


Local time: 11:46
Spanish to English
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?

Advanced search

memoQ translator pro
Kilgray's memoQ is the world's fastest developing integrated localization & translation environment rendering you more productive and efficient.

With our advanced file filters, unlimited language and advanced file support, memoQ translator pro has been designed for translators and reviewers who work on their own, with other translators or in team-based translation projects.

More info »
Déjà Vu X3
Try it, Love it

Find out why Déjà Vu is today the most flexible, customizable and user-friendly tool on the market. See the brand new features in action: *Completely redesigned user interface *Live Preview *Inline spell checking *Inline

More info »

  • All of
  • Term search
  • Jobs
  • Forums
  • Multiple search