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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11158
Experience:  30 years as a practising solicitor.
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If charged with assault (criminal offense), can the accused

Resolved Question:

If charged with assault (criminal offense), can the accused raise small claims or summary cause before the date of the criminal court trial?

If so, is the actual small claim or summary cause procedure carried out after the outcome of the criminal court trial? Or does the court view civil actions and criminal court trials independently and can decide about civil action prior to criminal court trial?
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

Why would an accused want to raise civil proceedings?

-Could you explain your situation a little more?

Customer: replied 3 years ago.

False accusations of physical assault were made against the alleged offender. The alleged offender himself was heavily physically assaulted and wants to raise either small claim or summary cause for personal injury.

Expert:  JGM replied 3 years ago.
It's doubtful that the civil case would be heard until the criminal case is decided. The offender should concentrate on getting a not guilty verdict and then concentrate on the civil case. The action should be raised within three years of the incident. If the criminal case isn't finished the civil case can be sisted pending a result in the criminal case.
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