civil law help please
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Discussion

w4dge

Original Poster:

4,688 posts

261 months

Tuesday 22nd June 2004
quotequote all
1) Is it legal in a civil court for a victim to be questioned by the perpetrator. I understand it is no longer alowed in a criminal court.

2)Can anyone advise the best way of obtaining the defence file, I have been ordered by a district Judge to supply this but understand it's privileged information.

3) If a finding of fact is made in a civil court can this then be used to support a criminal case.

streaky

19,311 posts

271 months

Tuesday 22nd June 2004
quotequote all
w4dge said:
1) Is it legal in a civil court for a victim to be questioned by the perpetrator.
In my experience (as an expert witness) this is not at all uncommon if unrepresented, but usually left to counsel.

w4dge said:
2)Can anyone advise the best way of obtaining the defence file, I have been ordered by a district Judge to supply this but understand it's privileged information.
Are you the defendant? If yes, are you represented? If yes, it's your legal representative's role to argue/agree this. If you are not represented, then you should have the file anyway.

w4dge said:
3) If a finding of fact is made in a civil court can this then be used to support a criminal case.
Yes.

More information (in so far as you are able and permitted to supply this) would be useful to others in making (more) definitive remarks.

Streaky

w4dge

Original Poster:

4,688 posts

261 months

Tuesday 22nd June 2004
quotequote all
streaky said:

Are you the defendant? More information (in so far as you are able and permitted to supply this) would be useful to others in making (more) definitive remarks.

Streaky

I am the respondent in family proceedings,I will be asked questions by my husband whom I am seperated from regarding the domestice violence he perpitrated as he has dismissed his council.
He is still on bail for some offences and was was found not guilty in the criminal court of some offences but his defence team were holiding evidence from his GP which proved his guilt and which the judge in the civil court now wants to see and will make a finding of fact on, does this make more sense?