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.

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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.  

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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.  

Preparing For Your First Meeting With A Civil Litigation Lawyer

Preparing for your first meeting with a Civil Litigation Lawyer can be nerve-wracking; especially when you haven’t done it before.  

Here at Blacks Legal we take the stress off your shoulders. Below is an easy-to-understand guide without all the legal jargon that will help you walk into your first meeting with confidence. 

Understanding The Role Of A Civil Litigation Lawyer 

Civil litigation Lawyers resolve legal disputes between individuals, businesses or organisations through the Court system.  The cases they deal with do not involve criminal charges. Because there aren’t any criminal charges, acquiring legal representation might not be the first thing that comes to mind. In fact, it’s typical for people to try and handle civil litigation cases themselves. 

However, a common misconception is that by not hiring a civil litigation lawyer is that you’ll save money, unfortunately, this is very rarely the case. The expertise and experience of a civil litigation lawyer give you an undeniable advantage. 

The role of a civil litigation lawyer is to oversee all aspects of your case, protect your assets and negotiate favourable terms for your benefit. Here are some examples of what the process is of a civil litigation lawyer.  

Understanding Your Case 

Civil litigation cases can be complicated. Without a comprehensive understanding of past legal cases and all the relevant details, it can be very easy to make a poor call. Sometimes, a drive to protect your assets can cloud your judgment. Here at Blacks Legal our experienced team offers a rational perspective and will be upfront on your chance of winning a case from the start. It is then your decision whether you want to proceed with your case in Court based on the advice that you have been given. 

Negotiations And Mediation 

Instead of going through the lengthy and complicated procedure and the inevitable stress of attending court, most civil litigation cases can be settled with the use of negotiation or mediation. Civil litigation lawyers are extremely experienced negotiators and will be focused on securing a fair deal for you. Resolving the case sooner will save you time and money, and of course, the headache of long court proceedings. 

Overseeing Paperwork 

One of the most overwhelming factors of any legal case is a ton of paperwork. Not only can this be extremely time-consuming, but it also must be compliant and accurately filled out. A civil litigation lawyer will go through all paperwork, from legal papers to contracts highlighting any discrepancies and ensuring nothing could hinder your case. 

In The Courtroom  

Granted that a resolution could not be met, a civil litigation lawyer will represent you in court. This takes confidence and skill, which only experienced lawyers have. They will handle the challenges that present themselves at trial, such as convincing a jury, posing strong arguments, and questioning witnesses. Basically, a tamer version of what you might have pictured when we first asked. 

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Preparing For Your First Meeting With A Civil Litigation Lawyer 

So, now you understand what they are, and what they do, what do you need to prepare for your first meeting with a civil litigation lawyer?  

Here is a basic step-by-step guide, which should help you when preparing for your first meeting with a civil litigation lawyer. 

Just a quick note to remember: every case is different. Civil litigation lawyers handle cases in personal injury, real estate, business and commercial litigation, employment law, and family law. So, if something in the guide doesn’t apply to your case, don’t panic. This guide is generic, and if you’re confused, you can always contact us before your first meeting. 

1. Gather And Organise Relevant Documents 

When attending your first meeting with your Lawyer, it is crucial to bring any relevant documents that may provide insight into your case.  

Whether it’s contracts, written correspondence (a paper trail), financial records, and/or photos and visuals, presenting these documents will allow your Lawyer to review your case with clear insight, leading to an accurate assessment and to determine whether or not you have enough weight to win your case. 

Outline Your Case Objectives 

Knowing what you want to achieve by taking legal action is essential for your attorney to map out their strategy. Your case objectives will also help your attorney determine a realistic outcome and offer reasonable advice.  

So, when preparing for your first meeting with a civil litigation attorney, it is knowing the answer to- 

2. Prepare A Timeline Of Events  

Some disputes may have been building or ongoing for a substantial amount of time before seeking legal advice.  

So your civil litigation lawyer can have a clear understanding of what has occurred and when, it is helpful to map out any key events in chronological order. This is from the initial incident or liaison to the most recent developments in the case.  

Time stamps, locations, and parties involved can help your lawyer understand the sequence of events that has brought you to this meeting. They will then be able to pinpoint critical moments, which can inform their argument/strengthen your case.  

3. Have Questions Ready  

As much as your civil litigation lawyer will have questions for you, it is important for you to consider whether they’re the right fit for you as well.  

In the instance that this is your first time seeking legal advice, it is understandable that you will have a lot of questions. This process can- understandably- cause a lot of stress and anxiety. There can be a lot on the line, your business, property, reputation, or money. The more you ask, the more you know what to expect.  

Unsure about what to ask a civil litigation lawyer, here are some examples- 

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Preparing For Your First Meeting With A Civil Litigation Lawyer At Blacks Legal 

Preparing for your first meeting with a civil litigation Lawyer will ensure that it is productive and that both you and your Lawyer have a clear understanding of your case. 

Our civil litigation solicitors at Blacks Legal are fully dedicated to providing you with a reliable legal service.  

To keep things straightforward, we leave out all the legal jargon and pride ourselves on being approachable; there is no such thing as a silly question, and we will always go the extra mile, so you know what to expect from your case. Find out more about why we are highly trusted corporate lawyers here. 

If you are interested in our services or are seeking legal advice from an experienced, resourceful civil litigation Lawyer, then reach out to Blacks Legal today. You can call us on 020 3835 3802, email us at info@blackslegal.co.uk, or book a call through our website.

How Does Civil Litigation And Alternative Dispute Resolution Work In The UK?

How does civil litigation and alternative dispute resolution work in the UK? In this blog, we will look at the civil litigation process, as well as alternate ways to handle disputes that do not involve going to court.  

While the issues that come under civil litigation are not criminal, they can still be destressing and consuming for the parties involved. It is important for rights to be upheld, no matter how critical the circumstances are. Continue reading to find out how civil litigation and alternative dispute resolution work in the UK. 

Understanding Civil Litigation

What Is Civil Litigation? 

Civil litigation applies to any cases that require legal intervention to resolve a dispute but is not linked to criminal activity. In this case, the dispute is handled by the court system, without a need for police investigation.  

As there are no criminal charges involved in civil litigation, the scope of issues that are handled can vary. Common cases include breach of contracts, workplace injuries, property and employment disputes, and divorce settlements. 

Usually, the legal remedy one seeks through civil litigation is financial compensation. Civil litigation is usually the final port of call to resolve disputes when other methods have not been successful.  

In the long run, civil litigation ensures businesses are held accountable for their unlawful actions, to prevent or reduce similar violations from occurring in the future.  

Who Can Use Civil Litigation? 

Civil litigation can be used on an individual basis or on an organisational scale. It sets out to protect the rights of individuals. If a dispute arises that requires legal intervention to come to some form of settlement, civil litigation may be invoked to mediate the situation. Examples of this may include- 

  • Debt recovery 
  • Neighbour disputes 
  • Unpaid bills 
  • Landlord and tenant disputes 
  • Contact with children 
  • Product liability 
  • Medical malpractice 
  • Construction issues 
  • Marital law 

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When Should You Consider Civil Litigation? 

Seeking early legal advice can usually prevent cases from resorting to civil litigation. If a matter cannot be resolved in-house or with the aid of legal counsel, then you should consider civil litigation. Issues that are taken down this route have usually been ongoing for quite some time. 

 

The Stages of Civil Litigation 

1. Pre-action Protocols  

When resorting to civil litigation, a party must first comply with the Civil Procedure Rules before making a claim. This warrants notifying the other party that a claim has been made and allowing them time to respond. They must show a prior effort to engage and resolve the dispute without the court’s input. If this still doesn’t amount to any resolution, then civil litigation action is taken.  

2. Issuing Proceedings  

Formal proceedings will then commence, once the Claim Form and Particulars of Claim have been filed with the court. The claim will outline the resolution they seek, such as monetary compensation or contract termination. The opposing party, now the defendant, then has 14 days to file an Acknowledgment of Service. At this time, they may also issue a counterclaim against the Claimant. 

3. Disclosure Of Evidence 

Before appearing in court, both parties must appear before the court. Their litigators will have prepared any relevant documents and gathered supporting evidence, which they must disclose prior to the trial.  

4. Trial Preparation 

Prior to the trial, both parties must exchange witness statements. A court sets out a timetable, which must be adhered to by both parties. At this time, the exchange of ‘expert’ evidence is also gathered, which is an unbiased opinion provided by a legal expert who specialises in the dispute’s area. 

5. Trial And Judgement 

The court decides a date for trial that both parties are available to attend. During the trial, all the disclosed evidence and witness statements are presented to the court. A judgement passed during this session. Instead, a second hearing takes place to then announce the court’s decision. 

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Alternative Dispute Resolution (ADR) Options  

What is ADR and why is it important?  

Alternative dispute resolution offers different routes to achieve resolution without needing to go to court. This is usually the preferred method for individuals and businesses as it is generally cheaper, flexible, quicker, confidential and can still result in compensation. Plus, it is significantly less stressful than attending court. 

Methods used for ADR include- 

Civil Litigation And Alternative Dispute Resolution With Blacks Legal 

We hope this blog has now outlined ‘How does Civil Litigation and Alternative Dispute Resolution work in the UK?’. Resolving disputes does not have to be a stressful, complicated process. With expert legal counsel, you can be confident your rights will be upheld. 

Blacks Legal has a professional team of civil litigation solicitors who are reliable, experienced and prepared to support you. We do our utmost to never over-complicate our process. We provide comprehensive legal support but with less of the confusing jargon.  

Individuals seeking civil litigation may not have required legal counsel before. It is important to our service that there will be no hidden costs. Therefore, our pricing is

If you would like to know more about how Civil Litigation and Alternative Dispute Resolution works in the UK, reach out to us today. Our team would be happy to provide more information and offer any support you need. 

How We Approach Civil Litigation To Maximise Your Success

Civil litigation matters can arise without warning and cause much stress and worry to all parties involved. Having the support and expertise of an experienced legal team can help bring civil litigation disputes to a timely, satisfactory conclusion with minimal upset or delays. Here’s how we approach civil litigation to maximise your success. 

What Is Civil Litigation? 

Civil litigation is also known as dispute resolution and is a legal process for resolving a non-criminal dispute between two or more parties. If it’s not possible to resolve the dispute by negotiation between the parties, then the case will be brought to court. 

In many civil litigation cases, a claimant (the person making the claim) will be looking for financial compensation from the defendant, for example, in the event of a personal injury for which they hold the other party responsible. However, civil litigation can also involve non-monetary claims, for example, an employee who has been denied a flexible working arrangement may later be granted it following a successful claim. 

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What Matters Can a Civil Litigation Solicitor Assist With? 

Civil litigation covers an extensive range of legal matters, including: 

Property Litigation 

Property litigation might include matters such as disputes with lenders, fraud, beneficial interest claims, and land registration disputes, all requiring an experienced and knowledgeable solicitor who specialises in this area of law. 

Insolvency 

Here at Blacks Legal we’re able to assist clients with financial difficulties relating to insolvency, bankruptcy proceedings, winding up orders when facing the forced closure or liquidation of a business and annulling previous court-ordered bankruptcy notices. 

County Court Claims 

If you’re pursuing a county court claim, a civil litigation solicitor can help you recover money, including via small claims court and fast-track routes. 

Landlord and Tenant Disputes 

When issues arise between a landlord and tenant, it can be stressful and upsetting for both parties. A civil litigation solicitor can assist in possession proceedings – whether you’re a landlord or tenant, resolve issues around repairs, and deal with commercial lease disputes. 

Personal Injury 

A civil case may be raised when one person has been harmed by the actions or negligence of another. This can be a distressing time for those affected and their loved ones, and might include anything from road traffic accidents to medical malpractice, slips trips and falls or dog bites. 

Employment Disputes 

Employment law is typically considered a civil matter, and disputes might include matters such as breach of contract, unfair dismissal, discrimination and issues around pay and working hours. 

Divorce 

For couples wanting to get a divorce, civil litigation is not always required. However, if disputes arise, for example, around custody arrangements, division of assets or prenuptial agreements, then a civil litigation solicitor can help resolve these where mediation has failed. 

Probate 

Probate is a complex and time-consuming legal process of managing an individual’s estate after they die. A person’s assets, which could include property, money and personal possessions must be assessed and distributed as per their will if they have one. If not, it’s known as ‘dying intestate’ and there is a separate legal process to follow. 

Any will must be proved to be valid and debts must be cleared before assets can be distributed. Civil litigation can be helpful if there are disputes around the validity of the will, if a will has been lost or destroyed or if someone wishes to contest a will, for example. 

Intellectual Property (IP) Disputes 

IP litigation can help protect an individual or company from infringement, which occurs when another party uses their intellectual property without permission. A court can order an injunction to demand that someone stop doing something (for example, using an identical trademark) and/or award compensation for damages. 

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Increase Your Chances of Civil Litigation Success With Blacks Legal 

Civil litigation is complex and navigating disputes requires a comprehensive understanding of the law and a wealth of experience in order to bring civil litigation cases to a successful conclusion. 

Here at Blacks Legal we have over thirty years of combined experience in civil litigation matters. We maximise your chances of success in disputes by providing a dedicated solicitor who will communicate with you in clear, jargon-free terms so you fully understand the intricacies of your case and what to expect from the process. 

We also limit the number of clients we take on, to ensure we’re able to provide the highest quality legal services and so you can be guaranteed direct contact with a dedicated solicitor handling your case. 

Some clients may have their civil litigation case heard at the tribunal rather than in court, and this is something we can support you with, making sure you understand how the process differs and what you can expect. 

If you need legal advice or support with a civil litigation dispute, Blacks Legal can help. Don’t hesitate to get in touch to discuss how we approach civil litigation to maximise your success.