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No, the two systems can work together. There is nothing to prohibit a civil claim following a criminal claim, or vice versa – or even both happening simultaneously. Simultaneous proceedings are allowed unless the defendant would face a real risk of serious prejudice which may lead to injustice in the civil proceedings, the criminal proceedings or both.
Conclusion
The decision whether to opt for civil or criminal proceedings to pursue a defendant is rarely straightforward. It requires the application of a range of complex issues to the facts of your case. Matters are made even more difficult because this decision often needs to be made within a short period of time and without all the necessary information. To ensure the best possible outcome it is crucial that victims of fraud take professional advice from experienced lawyers on the best way to navigate the civil and criminal jurisdictions and how those jurisdictions relate to the facts at hand.
For help and advice please contact Phil Alden on 03333 231 586 or email us.
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