Part of the service with Accident Advice Helpline is making the claim process as straightforward and transparent as possible. We understand that sometimes the jargon surrounding a claim for compensation can be quite difficult to understand so we publish these handy jargon buster guides in order to explain just how the process works.
The UK is part of the common law system which is used by many countries throughout the world, but mostly in former British colonies and Commonwealth countries. This includes; USA, Ireland, India, Australia and New Zealand. Other countries use a civil law system such as France and Germany. Case law plays a much bigger role in common law systems than civil law systems.
Case law refers to precedent set by previous cases that have come before a court. In the absence of a written set of rules governing a particular situation, judges will turn to the rulings of judges in similar previous cases. If a ruling can apply to a particular case then the judgement met in the previous case is binding and has an effect on any cases that follow.
The doctrine of stare decisis is a Latin term used to describe how case law is binding in future cases. This is then subdivided into two separate categories known as horizontal and vertical stare decisis.
Although this may sound slightly confusing, all it means is that in the cases of horizontal stare decisis, a court must abide by the rulings made at a similar level. For example, a district court does not have the power to overturn a decision by another district court.
Yet, in the case of vertical stare decisis, a superior court, such as the high court or supreme court, may overturn the ruling in exceptional circumstances, although this is a very rare occurrence.
Claiming compensation with Accident Advice Helpline
Helping clients to understand the claim process is an important aim of Accident Advice Helpline. We want our clients to understand how the process works.
You could claim for compensation if you’ve been injured as the result of an accident at work, a slip, trip or fall or even a road traffic collision. The majority of our claims are settled outside court, meaning that many of our clients will not need to set foot in a courtroom.
Contact us today on 0800 689 0500 for more information. All claims are made on a 100 per cent no-win no-fee* basis.
Date Published: March 2, 2015
Author: Accident Advice