Leeds United footballers Jonathan Woodgate and Lee Bowyer face legal action in the civil courts from the Asian student they were cleared of assaulting. BBC News Online's Peter Gould examines the legal possibilities. Why pursue an action in the civil courts?
You can sue anyone for just about anything, if you can argue that by their actions they have caused you suffering or loss. You could, for example, sue for damages for injuries sustained in an attack, if you can demonstrate who was responsible. Because this is a civil action, there is no question of a criminal conviction. The person bringing the action is asking the court to make the other party pay damages - financial compensation - for the action being complained about.
Is it easier or harder to win this type of case?
In one sense, it is easier to win a civil case than a criminal prosecution, because the standard of proof is different. In a criminal case, the jury is told they can only convict the accused person if they are satisfied "beyond reasonable doubt" that they really did it. Thinking that they probably committed the offence is not good enough the jury has to be sure.
In a civil case, the court decides "on the balance of probabilities". In other words, if the judge (or jury) believes it more likely than not that the person did behave in the way described, the court will find in favour of the person bringing the complaint.
What if they had decided to bring a private prosecution?
These days, the decision to charge someone with an offence under the criminal law is usually taken by the Crown Prosecution Service. Their job is to look at the evidence gathered by the police to see if the case is strong enough to justify a prosecution. A court will then decide if the defendant is innocent or guilty. Various organisations can also institute criminal proceedings, for example the RSPCA, the Post Office, and Customs & Excise may take action over specific offences. It is very rare for an individual citizen to bring a private prosecution under the criminal law, but it is certainly possible. It is an ancient right that has never been removed from the citizen.
What sort of crimes could result in a private prosecution?
Just about everything, up to and including murder. If someone threw a brick through your car window, for example, or if you were assaulted in a nightclub, you could in theory bring a private prosecution against the person you say was responsible. In practice, however, it may not be so easy.
What's the catch?
For a start, you need evidence. If the police have already investigated the crime, and they have been unable to find the evidence to bring a prosecution, your chances are not good. Or, if the person you are accusing has already been tried and acquitted in a criminal court, you will not be allowed to prosecute them privately for what is essentially the same offence. Even if the case does go to court, it can be a very expensive business. Your legal costs will only be met from public funds if you win, so a private prosecution does carry a financial risk.