ICAEW BL · Chapter 1 · Question 8 of 8
Gareth, a finance director, is alleged to have moved company funds into his own account. He is prosecuted for fraud and acquitted, and the company then sues him in the civil courts to recover the money. Which statement is correct?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: C) The civil claim may still succeed, because the company needs to prove its case only on the balance of probabilities
Explanation
The same conduct can give rise to both criminal and civil liability. An acquittal means only that the prosecution failed to prove guilt beyond reasonable doubt. The company, as claimant, can still succeed by proving its case on the lower civil standard. Civil claims are brought by the injured party, not by the CPS, and there is no bar on parallel or successive proceedings.
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