photo use copyright issue case 1 - They infringed my copyright.

[schwepppes33]

Taking someone to court at the moment, and the Defendant has very clearly lied in their statement of truth about three things.

By very clearly I mean I can actually prove it very, very easily.

 

For example,

the Defendant says that they have carried out action that should limit their liability when no action has been carried out and the wrongdoing is continuing.

 

They state the wrongdoing finished within 2 hours of them receiving a Letter Before Claim.

 

Another example being that I have made no attempt at mediation and have merely threatened them, when I have made three written offers of mediation, all of which they signed for by recorded delivery but failed to respond to.

 

The question is,

how do I notify the court about this?

 

It turns out I could have done so when I sent out the allocation questionnaire, but that was yesterday!

I only found this out today.

How else can I approach it?

[rebel11]

Hi schweppes33

 

Phone the courts helpline, ask what the procedure is,

as the allocation questionnaire has been sent off.

 

You mean they lied in their Witness Statement.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32#32.14

[schwepppes33]

My girlfriend did that, they said to send it with the allocation questionnaire and couldn't help apart from that.

 

I mean they lied in their signed statement of truth.

 

To explain a little further, I'm a photographer, they are a company with a website. They infringed my copyright. I sent them a formal Letter Before Claim, they ignored it. I sent them another letter notifying I was going to sue them. They sent me a response saying they'd deleted the images in 2 hours so shouldn't pay, and besides they are only a small company with 60 employees. Following this, they breached every single part of the civil procedure rules, lied constantly to me in all their correspondence. Each time they'd have a different reason for not doing something, they can't even stick to the story. The best bit was them admitting that the infringements happened 18 months ago and they don't have the documents of where the Images came from but they are sure that they came from the developers of the buildings so I must have infringed the copyright of the developers. Both developers, multi billion pound companies are aware of this and are not happy with the company I'm suing.

 

I don't need advice on copyright law, but this is something new. I've sued a lot of companies for infringements (60 odd and counting) but I've never had anyone lie to the court before. No one is stupid enough.

 

Anyway in their defense they have written that they have deleted the Images when they have not - the detailed particulars of claim specifies the precise Images and it is these Images they claim to have deleted in their defense. The court is the small claims court.

[rebel11]

Hi schweppes33

 

If that is their defence, then is it not best to point this out to the Judge during the Hearing, explain that you feel their is a Contempt of Court issue where the defendant has lied in their Witness Statement and you feel the Court should take action. You have evidence.

[schwepppes33]

I see.... you mean wait until the hearing, and then point it out and ... well then they are dead.

[rebel11]

Hi schwepppes33

 

Yep, it's their Witness Statement, they should know the risk they run by signing a Statement of Truth when they have included false statements in the Witness Statement. At the very beginning of the Hearing hand the Judge a letter highlighting the false statements and the evidence you have to show the statements are false, state that you would like to bring this matter to the attention of the Judge / Court.

 

I see.... you mean wait until the hearing, and then point it out and ... well then they are dead.

[schwepppes33]

Thanks. How do judges normally react to such a thing?

 

I am thinking I should highlight it when I submit the evidence to the court.

[rebel11]

Judges are fickle, so difficult to say. But it will help your case. Contempt of Court is a serious matter.

 

Thanks. How do judges normally react to such a thing?

[rebel11]

You can do.

 

Thanks. How do judges normally react to such a thing?

 

I am thinking I should highlight it when I submit the evidence to the court.

[schwepppes33]

Thanks. It's quite interesting actually. The Defendant has claimed their legal costs are being paid by their insurer but I contacted them and they denied this! It's since come to my attention it's their web designer, someone who is a one man company, who has been producing all their legal stuff and giving them "advice". Their MD is being cheap, and simply putting his name to it. He chooses to believe the designer over me, and vast amounts of documentary evidence, or even the law. It smacks to me of the web designer simply trying to avoid the problem he's in but in doing so he's dropping his client in it more and more.

 

Anyway, thanks for the advice. I'll post what happens.

[steampowered]

If you are so convinced you can prove you are right, just take the case to trial. You put your side of the story forward in your witness statement which is filed before the hearing.

[hightail]

 

Contempt of Court is a serious matter.

You'd think so wouldn't you. I had a defence witness lie in a witness statement to the point it was deemed worthwhile their QC bring it up to me as a direct accusation in court. A simple referral to a letter the witness had written which was 180 degrees out from the witness statement proved the lie. The consequences - absolutely nothing.

[rebel11]

O/T http://www.bbc.co.uk/news/uk-25210867

 

You'd think so wouldn't you. I had a defence witness lie in a witness statement to the point it was deemed worthwhile their QC bring it up to me as a direct accusation in court. A simple referral to a letter the witness had written which was 180 degrees out from the witness statement proved the lie. The consequences - absolutely nothing.

[hightail]

So contempt on social media is of interest but it still doesn't mean anything happens to those who lie in witness statements and in the court.

[Ganymede]

You'd think so wouldn't you. I had a defence witness lie in a witness statement to the point it was deemed worthwhile their QC bring it up to me as a direct accusation in court. A simple referral to a letter the witness had written which was 180 degrees out from the witness statement proved the lie. The consequences - absolutely nothing.

 

 

 

 

Judges are generally very, very reluctant to find a party in contempt for "lying" in statements and in all likelihood nothing at all will happen to them other than losing the claim.

 

After all there are two sides to every story and two versions of the same event but from different people's perspectives which obviously don't match otherwise the case wouldn't be in Court.

[hightail]

 

Judges are generally very, very reluctant to find a party in contempt for

"lying" in statements and in all likelihood nothing at all will happen to them

other than losing the claim.

That sums my experience up pretty well. The lying witness was the last one to give evidence before the other side's counsel whispered the magic words "could I have a moment of your time" to mine.

 

I can assure you this wasn't a case of differing perspectives. The accusation was that we had refused the defendant any chance to put things right prior to court whereas the letter from them stated quite clearly they would not consider any remedial work unless we dropped the case.

[schwepppes33]

I posted yesterday about the Defendant lying. Anyway, a copy of the allocation form was sent to the Defendant via special delivery and has been returned to me as the Defendant refused to accept service.

 

The Defendant changed the address they can be contacted at to a building they are not present at. Instead their web designer is there. He's the one handling their case supposedly. He has refused to accept the delivery on the basis that the actual company it's addressed to is not in that building.

 

What do I do ?

[BazzaS]

I posted yesterday about the Defendant lying. Anyway, a copy of the allocation form was sent to the Defendant via special delivery and has been returned to me as the Defendant refused to accept service.

 

The Defendant changed the address they can be contacted at to a building they are not present at. Instead their web designer is there. He's the one handling their case supposedly. He has refused to accept the delivery on the basis that the actual company it's addressed to is not in that building.

 

What do I do ?

 

Do you have a valid address for them?.

You don 't have to use Special Delivery, but if you are worried they'll claim non-receipt consider a process server ....

 

Costly, but if you are confident:

a) you'll win and

b) you can enforce any award, it is worth considering.

 

The courts won't easily award the cost(s) of a process server for a Small Claims track case, but have wide latitude to do so where you can show it was necessary (such as Special Delivery being avoided .......)

[Guest]

for ref, this thread? http://www.consumeractiongroup.co.uk/forum/showthread.php?423068-Defendant-Lying-In-Statement-of-Truth

maybe best continue post to that thread so is re the full background.

[schwepppes33]

Yes I used the address that they notified the court was their address.

 

I was away on holiday until Thursday, got back Thursday night. Found out that the papers had to be submitted to the defendant by the 28th. Couldn't send them over Easter weekend thanks to bank hols, sent them on Tuesday... not happy that the court doesn't count working days, rather than days. There is no further time to serve. Obviously no one will be at their office over the weekend.

 

I emailed them to the Defendant. Got an email back saying that the mail had bounced as my email address has been blacklisted by their system.

 

Further to this I have attempted to fax them, they interrupted the transmission both times, presumably by picking up the phone. Had a friend fax them... again interrupted transmission.

 

Thanks for the suggestion Ford. Didn't want to have one thread on what's two different issues. I can find nothing, absolutely nothing, on google about this particular issue. CPR doesn't seem to deal with it either

[Guest]

 

Thanks for the suggestion Ford. Didn't want to have one thread on what's two different issues. (

 

no worries. is re the same case? the link is there if anyone needs to look in on it (gany and steam for eg are on yr thread, who afaik are legal bods )

[schwepppes33]

Yeah... it's the same case. In which case, could a mod merge the threads together please (if they think it best).

[schwepppes33]

I did actually speak to my lawyer about this this morning. As the tort is continuing, and the Defendant says it isn't, I can sue them again. As the managing director has signed a statement of truth saying it's not continuing, whilst the tort is, I can name him in the case as a joint tortfeasor. Apparently I can do all sorts of things I can't afford, like get an immediate high court injunction, or a warrant to serve up the infringing material - which would involve someone going into a data centre, unplugging their company server and delivering it to me! Lovely to know how powerful the law is, and how most of us have no access to it because we cannot afford it so get mucked about.

 

I WILL sue again though.

[rebel11]

Hi schwepppes33

 

Write (Include Case Ref No.) to the court for the attention of the Judge. Explain that you have tried to follow CPR protocols regarding sending all parties the allocation questionnaires, send copies of the proof you have, i.e. post, fax etc.

 

Explain that they are 'being silly' and will not except service, tell the court you await clarification on the matter/further instructions.

[Mike_hawk]

If it's the address supplied to the court for service bung the docs back in the post again. First class will do, no need to send signed for or spec delivery. CPR 6 and PD6A deal with deemed (and good) service within the jurisdiction.