ChatterBank1 min ago
caution from police for actual bodily harm
once a person has been cautioned for the offence of 'actual bodily harm' from the police is it possible for the victim to further it to civil court, if so, what could the end result be and is it costly for the victim and the defendant?
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Hi
Technically, the victim could take a civil action for battery under the law of tort.
The victim will have to pay the costs for innitiating the proceedings and will have to obtain the services of a solicitor and possibly a barrister.
The defendant, if served with these proceedings would be wise to obtain legal representation.
Civil actions are notoriously expensive, and getting 'legal aid' is not as easy as it used to be.
If the case is successful, the defendant would be liable for all the costs.
If the defendant has little or no finances or assets, it would be unproductive for the victim to take this action, as they would stand to get nothing.
I think this info is correct. ( am training to be a solicitor, so still learning)
I am sure ethel or buildersmate will correct any errors of mine and give you further advice
JO
Technically, the victim could take a civil action for battery under the law of tort.
The victim will have to pay the costs for innitiating the proceedings and will have to obtain the services of a solicitor and possibly a barrister.
The defendant, if served with these proceedings would be wise to obtain legal representation.
Civil actions are notoriously expensive, and getting 'legal aid' is not as easy as it used to be.
If the case is successful, the defendant would be liable for all the costs.
If the defendant has little or no finances or assets, it would be unproductive for the victim to take this action, as they would stand to get nothing.
I think this info is correct. ( am training to be a solicitor, so still learning)
I am sure ethel or buildersmate will correct any errors of mine and give you further advice
JO
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