Civil Proceedings (Part II)

An action in a magistrates' court is begun by a complaint on which the court may serve the defendant with a summons. This contains de­tails of the complaint and the date on which it will be heard. Parties and witnesses give their evidence at the court hearing. Domestic pro­ceedings are normally heard by not more than three lay justices includ­ing, where practicable, a woman; members of the public are not al­lowed to be present. The court may order provision for custody, access and supervision of children, as well as maintenance payments for spouses and children.

Judgments in civil cases are enforceable through the authority of the court. Most are for sums of money and may be enforced, in cases of de­fault, by seizure of the debtor's goods or by a court order requiring an employer to make periodic payments to the court by deduction from the debtor's wages. Other judgments can take the form of an injunction re­straining someone from performing an illegal act. Refusal to obey a judg­ment may result in imprisonment for contempt of court. Arrest under an order of committal may be effected only on. a warrant.

Normally the court orders the costs of an action to be paid by the par­ty losing it, but, in the case of family law maintenance proceedings, a magistrates' court can order either party to pay the whole or part of the other's costs.

In Scotland proceedings in the Court of Session or ordinary actions in the sheriff court are initiated by serving the defender with a summons (an initial writ in the sheriff court). In Court of Session actions the next step is the publication of the action in the court lists. A defender who intends to contest the action must inform the court; if he or she does not appear, the court grants a decree in absence in favour of the pursuer. In ordinary actions in the sheriff court the defender is simply required to give a written notice of intention to defend within a certain number of days after service of the initial writ, and this is followed by a formal appearance in court by the par­ties to the dispute or their solicitors.

In summary cases (involving small sums) in the sheriff court the proce­dure is less formal. The statement of claim is incorporated in the summons. The procedure is designed to enable most actions to be carried through with­out the parties involved having to appear in court. Normally they (or their representatives) need appear only when an action is defended. A new small claims procedure is about to be introduced.

Proceedings in Northern Ireland are similar to those in England and Wales. County court proceedings are commenced by a civil bill served on the defendant; there are no pleadings in the county court. Judgments of civil courts are enforceable through a centralised procedure administered by the Enforcement of Judgments Office.