Andrew Verity (2007), Virgin Media Term Paper

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A settlement amount is then agreed upon. The basic dispute to settle is one of ethical and honest business conduct in a partnership between two companies.

The dispute appears to be civil, as the government is not involved in the possible lawsuit. If choosing to go to court, the private party, Virgin Media, would file the suit and become the plaintiff. Furthermore, this is not a case where a specific crime was permitted, but rather a dispute involving one company attempting to suppress the rights of another through unfair and unethical business practices.

The main difference between criminal and civil cases is the punishment and burden of proof paradigms. If tried in a criminal court, the possible outcomes for Sky would be either a period of incarceration in a prison, or a fine paid to the government. A trial in a civil court would result in damages paid to the plaintiff, which in this case refers to Virgin Media.

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Civil cases never involve prison terms or executions.

The burden of proof in a criminal case is on the state. The defendant is therefore assumed to be innocent until his guilt is proven beyond a reasonable doubt. The state would therefore need to prove Sky's intent to harm the business rights of Virgin Media. If tried in a civil court, the initial burden of proof will be on Virgin Media as the plaintiff. However, if Virgin makes a prima facie case, the burden of proof shifts to Sky. In contrast to a criminal case, the jury does not need to adhere to reasonable doubt, but needs only 50% assurance that Sky is guilty of wrongdoing. The defendant is then found guilty, and ordered to pay damages to the plaintiff. Hence, civil cases are often settled out of court in order to avoid a very high damage fee......

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