The pursuer must prove their case on the balance of probabilities
They suffered an injury or loss as a direct result of the breach duty of care
A duty of care was owed to them by the defendant
This duty of care was breached
They suffered a loss of holiday time due to the breach
This duty of care extended to their personal life
In many cases it might be used to pass some of the blame to the pursuer. Other parties may also be held responsible.
Therefore if an employee injures another employee WHILE AT WORK they can claim compensation from their employer through the Civil Legal System
Scotland Fire & Rescue Service
Action is brought by the state.
The intention is punishment.
The intention is compenstation.
There is usually no time limit within which legal proceedings have to start.
Action is brought by the individual.
Legal proceedings have to start within 3 years of the date of injury.
Statue law is used as the source of law.
The burden of proof is normally on the prosecution to prove "guilt beyond reasonable doubt"
Insurance is availble to pay the compensation.
Insurance is not available to pay the fine.
Common law is used as the source of law.
The burden of proof is on the claimant to prove their case "on balance of probabilities".
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