Civil recovery

United Kingdom

In the legal systems of the constituent countries of the United Kingdom, civil recovery (also named civil recovery scheme or civil recovery regime) is claimed by retailers to (a) enable the retailer's claims handling agent to recover, in civil proceedings before the High Court or Court of Session, property which is, or represents, property (including intellectual property) obtained through unlawful conduct, and (b) enable cash which is, or represents, property obtained through unlawful conduct, or which is intended to be used in unlawful conduct, to be forfeited in civil proceedings before a county court or (in Scotland) the sheriff. Proceeds of Crime Act 2002 (2002 c. 29 s 240 et seq.). However the Citizen's Advice Bureau advises that in many cases, the process "may constitute ‘deceitful’, ‘unfair’ and ‘improper’ business practice, as defined by the OFT" ([1])

United States

In the United States, civil recovery laws allow store and retailers to prosecute alleged shoplifters in civil court. All 50 states have some form of civil recovery law. In some jurisdictions, both a civil recovery demand and a ticket or arrest for "stealing" is initiated by the retailer.

See also

• Assets Recovery Agency
• Shoplifting
• Civil Recovery Demands (Shoplifting)

Further reading

• Zimmerman, Ann The Wall Street Journal, February 20, 2008 A1 "Big retail chains dun mere suspects in theft" http://online.wsj.com/article/SB120347031996578719.html?mod=rss_law_page
• Landro, Laura The Wall Street Journal September 20, 2007 A1 "The Accidental Thief" http://online.wsj.com/article/SB119024912866933218.html