Public or private law?
Thread poster: Carolina Miraglia

Carolina Miraglia
Argentina
Local time: 19:35
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:
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.


 

Paul Skidmore  Identity Verified
Germany
Local time: 00:35
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


 

sailingshoes
Local time: 00:35
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!


 


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