ABSTRACT
A party convicted of bribery may or may not be liable in civil proceedings, and a party liable to a civil claim may not have committed a criminal offence. Most civil claims for bribery occur in a commercial context. The person accused of receiving a bribe is usually someone who represents the owners of assets, in broad terms, an agent. As can be seen, as far as the civil law of bribery is concerned, the state of mind of the parties to the corrupt transaction is irrelevant. The working presumption of the civil law is that there are no circumstances in which an agent can legitimately receive a secret commission. If such a receipt is proved then the law should provide the principal with remedies without his having to go to further proof. The civil law provides interim remedies to claimants which can preserve evidence and assets prior to the commencement of proceedings.
