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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I hope to be proved innocent of a common assault charge (dispute

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I hope to be proved innocent of a common assault charge (dispute with dreadful neighbour) where a not guilty plea has yet to be entered at the magistrates court, and yet the other person has already instructed a 'no win no fee' firm of solicitors to initiate civil proceedings for compensation. How common or unusual is this ? can this information be used by my solicitor or me in my criminal trial (to show other person's character or lack of...) ?, can this approach by these solicitors be challenged/re-butted/delayed (until at least after the criminal trial) ? and (at moment most importantly) as their (now 2) 'letters of notification' have arrived with my surname misspelt, am I ok to disregard these until my correct name is ***** ***** should I respond pointing out the error and asking for 'the clock to be re-started' ? Thanks
Hi, thanks for your question. I am a qualified solicitor.
Unfortunately, if the other party has instructed solicitors to puruse compensation for the alleged assault, this is dealt with separately as it is a civil matter. However, it is likely that the solicitor would want to wait for the outcome of the criminal case as if you are found guilty then this will be used as evidence. If you are found not guilty then the other party may continue with the civil claim as if the matter went court the burden of proof is lower - basically the neighbour will need to proof, on the balance od probabilities that the offence took place, whereas in the criminal court in ordrr to find you guilty the court has to find you guilty beyond reasonable doubt.
Regarding the misspelling of your name in the letter, this does not invalidate the letters.
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Customer: replied 2 years ago.
Hi, I already know about the differences between the two courts and the level of detail in your answer was disappointing, so I don't feel your response was worth the £ paid ! You also didn't answer on if and how I can challenge/rebut or delay the onset of the civil case ? Can I rely upon the civil solicitor waiting for the criminal trial result ?
Apologies you feel that way, the purpose of outlining the two was to demonstrate why it will be likely that the civil solicitors will await for the conclusion of the criminal case before deciding whether to pursue the claim further, as if you were found guilty it will be more likely that they would be successful.