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There are many differences, but in short civil fraud is pursued by the victim(s) by way of a private action in the civil courts to seek recovery of the monies/assets which have been taken and/or the payment of compensation/damages to the victim(s). The decision in a civil trial will be made by a Judge. 

Criminal fraud is a criminal offence which will be prosecuted by the prosecuting authorities (If the prosecuting authorities are not prepared to bring proceedings, in certain circumstances an individual or an entity can bring a private prosecution in the criminal courts against a defendant (and in respect of other offences)). In the criminal courts (Magistrates’ Court or Crown Court) with the sanctions likely to be a fine and/or imprisonment. The decision in a criminal trial will be made by a jury.


For help and advice please contact Phil Alden on 03333 231 586 or email us.

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