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Struggling to understand

Defendant has filed a defence but not signed statement of truth

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Hi,

 

I have issued a claim on MCOL and the defendant has filed a defence on an additional sheet of paper which has been signed and dated, but he has not signed the statement of truth or given his date of birth or an address.

 

Is the defence a legal document as he has made statements which I have documentary evidence are untrue. Surely they will be in trouble in court for telling blatant lies?

 

Thank you for any help.

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If you wanted you could object to the defence in that it is not properly prepared. However, to a certain extent it's a bit of a technicality.

 

I'm not sure what you mean – is it a legal document – but my suggestion is that if you really do have documented evidence that what he is saying in his defence is untrue – and very importantly that he knows it's untrue, then I would keep quiet about this until the court hearing.

 

I would then raise the issue of his defence and ask him if he is sure about what he's saying in it – and even refer specifically to the points which is making and which you know are untrue. When he confirms in front of the judge that yes what he has said is correct, you can then produce the documents that you have and ask him – why, then do the documents that you have contradict what he is now saying in court.

 

You should have three copies of the document – one for him one for the judge and one for yourself.

 

If he objects to the fact that you haven't disclosed your evidence before the hearing, I think that it would be reasonable to say that as it is clear evidence of his dishonesty you felt that it was better to raise it at the trial and not before


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Thank you for your help.

 

When I filled in the original claim I only used the small box that they gave. When I go to court do I take all the information and proof with me - in triplicate or should I already have sent all this?

 

Kind regards

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You could have filed separate particulars if there was not enough space...this should be stated within the particulars on MCOL...serving seperate particulars is covered here CPR 3.1 (2):-

 

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16

 

Regards

 

Andy


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