Civil vs. Criminal Litigation in Gibraltar: How Strait Law Can Support Your Case
Litigation is a formal legal process for resolving disputes. In Gibraltar, litigation can be broadly divided into two categories: civil and criminal. Understanding the difference between these types of cases is essential for determining how best to approach your legal matter.
Civil Litigation
Civil litigation involves disputes between individuals or entities, where one party seeks compensation or a specific remedy from the other. Civil cases are usually initiated by the party claiming to have suffered a loss or harm. Common examples of civil litigation include:
- Contract Disputes: Disagreements over the terms or performance of a contract can lead to civil litigation.
- Property Disputes: Conflicts over property ownership, lease agreements, or boundary issues are common in civil cases.
- Personal Injury Claims: Individuals injured due to another party’s negligence may seek compensation through civil litigation.
- Family Law: Divorce, child custody, and inheritance matters are often resolved through civil proceedings.
In civil litigation, the burden of proof is lower than in criminal cases. The claimant must prove their case on the “balance of probabilities”, meaning it is more likely than not that their claim is true.
Criminal Litigation
Criminal litigation, on the other hand, involves the prosecution of an individual or entity by the state for violating criminal laws. The goal of criminal litigation is to punish the offender and deter future criminal behaviour. Examples of criminal litigation include:
- Theft and Fraud: Cases involving the unlawful taking of property or financial deception are handled as criminal matters.
- Assault: Acts of violence against another person fall under criminal law.
- Drug Offences: Crimes related to the possession, distribution, or manufacturing of controlled substances are prosecuted by the state.
In criminal cases, the burden of proof is much higher than in civil litigation. The prosecution must prove the defendant’s guilt “beyond reasonable doubt.”
How Strait Law Can Assist with Litigation
Strait Law provides comprehensive legal services for both civil and criminal litigation in Gibraltar. Our experienced team can assist with:
- Pre-Trial Advice: We offer clear guidance on your legal position and the strength of your case before any formal proceedings begin.
- Representation in Court: Whether your case is a civil dispute or a criminal prosecution, we represent our clients in court, ensuring that their rights are protected throughout the process.
- Dispute Resolution: In civil cases, we may seek to resolve disputes through mediation or negotiation before proceeding to trial.
- Appeals: In both civil and criminal matters, our team can assist with appeals if the initial judgment is unfavourable.
