Legal Training.tv - Online CPD Training

Lee Bennett considers a scenario that often arises in practice: where one sees both civil and criminal liability arising from the same case scenario. Often times a law firm dealing with a case will only be able to offer advice on either civil or criminal liability. It is imperative that the team dealing with a case has the expertise to advise from both a civil and criminal perspective, and have the commercial acumen and understanding in order to effectively advise their client.

A scenario that has arisen in my practice is where one party (A) makes representations to another party (B), and as a result of those representations (B) has entered a contract with (A). Indeed, it could also be that a third party (C) has made representations that have induced (B) to enter into a contract with (A).

What happens if those statements made to B, which in turn has induced B to enter a contract, turn out to be false? - What causes of action are available to B? - What remedies are available to B? - Does criminal liability arise from those statements?

Lee Bennett also looks at what happens to a director of a company whose conduct is questioned. It may be that a case is brought against them in civil law. It may be that they are also prosecuted for a criminal offence arising out of the same facts. But what is done to prevent them from doing the same in the future? Will other people be adequately protected?

Finally Lee Bennett examine the interaction of both civil and criminal proceedings running alongside each other. To what extent does one set of proceedings impact on the other?