Civil Law

Tort is the name for a civil wrong done to yourself when you have not made any agreement with the other party – for example, if you are injured at work or when crossing the road. We have decided, as a country, that times exist where we all owe a duty to other people to behave reasonably; the ‘duty of care’. If you are the victim of someone who does not behave reasonably, or if it is said that you behaved unreasonably, then you may be entitled to, or have to pay, damages.

The most obvious example is a road traffic accident. However, the requirement to behave reasonably extends much further than this. If your tree grows over the road and a cyclist is knocked off her bike by an overhanging branch, that may be unreasonable (an example of the tort of nuisance). If your ex-boyfriend can’t stop hassling you and sending you insulting or obscene texts, that may be unreasonable (an example of the tort of harassment). If the local newspaper confuses you with the convicted criminal of the same name and says, in print, that you are dishonest, that may be unreasonable (an example of the tort of defamation). If the police wrongly arrest and prosecute you when you are innocent, and it was always clear that you are innocent, that may be an example of the torts of wrongful arrest, false imprisonment and malicious prosecution. If you are playing football on a Sunday and somebody from the opposing team tackles you for fun, that may be the tort of assault.

While these are all personal situations, tort can take a business perspective as well. You can be harassed by your gas company as well as your ex. An agreement between your business competitor and a disloyal employee to hire your employees and poach your customers can be the tort of conspiracy. If the bank suggests that you take a product that is unsuitable for you, that can be the tort of negligence, and you may be able to recover what you have lost from them.

All of these issues might allow you to take legal action, or to defend legal action brought against you. Our civil law barristers are experienced and expert in such matters. They will be able to tell you if you have a claim, if you have a defence, what your prospects of success are, and what next steps you should take to get where you want to be.

The barristers in St Paul’s Chambers will give you independent, sensible and business-focused civil law advice, enabling you to know where you stand and make informed choices about what to do in your business or personal dispute. If this is your first dispute, you can rest assured that our barristers will have seen these issues before, and will be practised in knowing how to deal with them efficiently. We understand that disputes can take over your life and aim to make sure that they don’t. We put things into perspective and ensure that the case is run by you, not you being run by the case.

Anyone wishing to instruct counsel is encouraged to contact our clerking team. They will be happy to assist, and make sure that the choice you make is appropriate to the weight and size of the case, and that you receive the advice you need as quickly as possible. Further information concerning particular counsel is available on our counsel profiles, copies of which can be downloaded from our site.