Civil Litigation Vs. Criminal Litigation: What’s The Difference?
Civil litigation vs. Criminal Litigation: what’s the difference? In this blog, we will look at these two types of litigation side-by-side and identify their differences, from the people involved to court proceedings.
If you’re looking for legal representation and unsure of where to start or struggling to understand the difference between Civil Litigation vs. Criminal Litigation, then this blog is for you.
Defining Civil Litigation Vs. Criminal Litigation
What Is Civil Litigation?
A civil litigation case resolves a dispute between two parties, the Claimant vs. the Defendant, in which no criminal activity has occurred. Usually, civil litigation cases are seeking some form of compensation, whether this be a financial settlement or termination of a contract.
The role of a civil litigation solicitor is to represent their client in any court proceedings. They may also offer Alternative Dispute Resolution support.
As there are no criminal offences or charges under civil litigation, the scope of cases a solicitor may deal with can be extremely varied. From divorce and personal injury to business disputes and missing bill payments.
What Is Criminal Litigation?
Criminal litigation involves the Crown Prosecution Service acting on behalf of the state to prosecute a Defendant. In this instance, a victim acts more like a witness within the case, rather than a party.
The requirements for a criminal trial are far more stringent than those in civil trials. Criminal litigation solicitors must have the highest standard of proof to prove all elements of the crime beyond a reasonable doubt.
Offences brought to light in criminal litigation cases are often acts that harm society, violate laws, or disrupt public order. Through prosecution, criminal litigation focuses on maintaining justice and punishing the offender.
Key Differences To Take Away
Civil litigation is intended to resolve disputes between two parties, whereas criminal litigation is used to prosecute criminal offences. The nature of civil litigation is never criminal. Instead, the nature of cases usually deals with private rights and obligations. Criminal litigation deals with unlawful acts against the state.
Legal Processes of Civil Litigation Vs. Criminal Litigation
Civil Litigation Process
Civil litigation is a last resort taken to resolve a dispute. By this point, a reasonable effort must have been made to resolve the issue without involving the court. This must be proven before the case is taken to trial.
Once formal proceedings have started, and a claim has been filed with the court, the defendant has 14 days to file an Acknowledgment of Service. They may also wish to submit a counterclaim.
On dates specified by the court, both parties must attend and disclose any evidence they have, as well as any witness statements.
A trial is then held on a date decided by the court, which both parties have stated they can attend. All the pre-submitted evidence and witness statements are then shared in the first court session. A second hearing, usually later that same day, will then determine the result of the trial.
The court’s judgement will not lead to any criminal charges or a criminal record. Should they rule in favour of the Claimant, the Defendant will have to comply with the compensation that was sought before the trial’s commencement.
Criminal Litigation Process
As opposed to resolving a dispute, criminal litigation is concerned with passing punishment for a crime. For that reason, the criminal litigation process tends to be more complex, as there tends to be much higher/severe stakes. The first step in the criminal litigation process is reporting the crime in question.
Once a crime has been reported, a police investigation will commence. This involves the gathering of evidence, interviewing witnesses, and arresting possible suspects.
When the police have gathered enough incriminating evidence against an individual, the Crown Prosecution Service will make the decision whether to charge and prosecute.
In the initial court proceedings, the accused must attend the Magistrates’ Court to hear the charges against them. At this hearing, the court will decide whether the accused should be remanded under police custody or granted bail.
The Defendant can then enter a plea of either guilty or not guilty. A guilty plea will lead directly to sentencing. Should the defendant plead not guilty, then the case will be taken to trial. The prosecution and defence must prepare to present their case to court.
The severity of the case will determine whether the case is brought to a Magistrates’ Court or Crown Court. Summary offences will be taken to a Magistrates’ court, where the Magistrates will decide on guilt, whereas indictable offences go to a Crown Court, where a jury passes judgment and a judge passes the sentence.
Civil Litigation Vs. Criminal Litigation: What’s The Difference?
There is a lot that separates Civil Litigation vs. Criminal Litigation. Their purpose, the parties involved, the process leading to the trial, the severity, court systems, legal representation, and the outcomes all differ.
At Blacks Legal, we specialise in civil litigation and have supported clients across a range of sectors, including commercial and residential property law, as well as corporate cases and sports contracts.
If you’re looking for expert legal representation without any hidden costs or complicated jargon, reach out to us today. With over 30 years of experience, we will ensure you receive dedicated, top-quality service. We even limit the number of cases we take on to ensure our team can commit to you fully.
