EXPRESS FORMS OF THE RIGHT TO SUE (RIGHT OF LEGAL PROTECTION) IN THE COMMON LAW SYSTEM

Abstract

After the abolition of the writ system and the fusion of common law and equity law court procedures, direct forms for initiating civil proceedings were introduced in almost all national civil procedural systems of the common law system, and with this, tacitly, for activating the right to legal protection in civil proceedings. They overcame the centuries-old case law according to which civil proceedings are initiated only upon administrative permission and enabled direct access to a common law court without accompanying formalities and with predictable court costs. These direct forms for initiating civil proceedings in England are known as single claim, and in the USA as complaint.