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Claimant lied to win in small claims court and I can prove it


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In small claims court the claimant won.

 

 

The reason given by the judge for them winning was something they actually lied about, on more than one count.

(Obviously the judge wouldn't know they were lying or wouldn't have judge in their favour.)

 

 

I didn't have the evidence with me at the time against the claimants lies

because I wouldn't have known what they would say or be prepared to lie about to win their case.

 

The claimant seemed very clever, because everything I had against them the judge seemed to look in my favour

but somehow the they seemed to wangle their way out of the questions from the judge.

 

 

I have no experience of this sort of thing, had no idea what to expect, found it very daunting and it obviously made it difficult for me.

 

The value of their claim is £1-2k. Not for assault or abuse etc.

 

I have written evidence that can prove the claimant was lying in court and want to appeal.

What will happen to the claimant if they are found guilty of lying?

Will they just lose the case or be further punished?

 

Before court, I offered to split the value of the claim because I didn't want the hassle,

(Even though I believe it should have been £0) but the claimant didn't want to know.

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They postponed a service which I agreed to (but was not obliged).

They asked me to restart a week later, so I restarted and carried out the service.

In court they said that after stopping the service they never asked me to restart. I have email evidence that shows they had asked me to restart. I didn't have this evidence with me at the time.

It might sound strange that I didn't have the evidence with me at the time, but as you can imagine it is more complex than my short explanation above. Regardless, I can still prove they lied in court.

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Hello there.

 

Are we talking about a company please? If so, what type of service was it? I'm afraid the guys are going to need some more information in order to advise you.

 

HB

Illegitimi non carborundum

 

 

 

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ps the argument isn't about the number of leaflets delivered or whether or not they were actually delivered, it is about them saying the leaflets shouldn't have been delivered without permission. The written permission is the evidence I have

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When was the judgment given?

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Thread moved to the appropriate forum.

 

Regards

 

Andy

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No you can't appeal.

 

You had you chance to refute the "lies" on the day but failed to have it with you.

 

You can only appeal if the judge gets the law wrong, not if you couldn't convince him/her to prefer your version of events.

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The lies were first made up during the hearing so obviously I wouldn't know what they were going to say and therefore couldn't provide evidence at the time. Surely if I can prove the lies it means the judge will have got it wrong?

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It has to be an error in law.

 

As part of the claim, a POC is issued. A De fence is offered,

A disclosure stage should of happened where every document is exchanged

 

You should of brought everything to support your argument and refute their defense to teh hearing.

 

Unfortunately without more detail (POCs and Defense) detailed advice is impossible to give.

 

Sadly I think they won by being more prepared then you.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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That doesn't prove that they lied. They may well have misremembered events - people tend to unconsciously twist their memories to suit their version of events, it is very common. Alternatively perhaps the email is unclear.

 

Unfortunately if the evidence was available before but you didn't bring it to the hearing, I agree with the others and I don't think you can reopen the issue now.

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It was given last friday

 

Then you are still within the time to appeal and if you are confident that you can show that the court was misled then you have a good basis for making an appeal and you should lodge notice of appeal straightaway.

Start reading here – https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52/practice-direction-52b-appeals-in-the-county-courts-and-high-court

 

However, let me say that it is a very serious allegation to say that the court has been misled and you need to be careful about how you put it. Are you sure that the email is not something that slipped the defendants mind? Or some other excuse?.

 

Even though you are convinced that lies were told, unless your evidence is unequivocal it would be better to find some other way of expressing it.

 

Maybe you want to let us know more detail so that we can really understand what the story is.

 

You will find the forms here: – http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1069

 

The lies were first made up during the hearing so obviously I wouldn't know what they were going to say and therefore couldn't provide evidence at the time. Surely if I can prove the lies it means the judge will have got it wrong?

 

Let me say in response to this, that it was your responsibility to have a complete file with all documents and not simply to bring along to the court what you thought you might need on the day.

 

Also you should have been so familiar with the situation that you would have been aware of it at the time and you were able to object.

 

I'm sorry but I really don't understand why you didn't have all this material with you as it seems that you did have the email somewhere but you simply hadn't prepared it.

 

Here is some more guidance – http://uk.practicallaw.com/4-521-8836#

 

Your ground of appeal would be that the decision of the district judge was – unjust because of a serious procedural or other irregularity in the proceedings in the lower court.

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...other irregularity ....

That the court was misled and that the judge arrived at his decision based on incorrect evidence

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You clearly don't think it is. Can you say why not.

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I didn't have the evidence with me at the time against the claimants lies because I wouldn't have known what they would say or be prepared to lie about to win their case.

 

Did they not serve their standard disclosure and witness statement on you at the date specified by the court directions?

 

Did you serve yours?

 

Andy

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Because the OP hasn't given any hint that the court didn't follow the correct process. And there's no new evidence.

 

Sorry but I think that you have misunderstood what the rules are.

 

When not talking about a flaw in the proceedings here, we are talking about an irregularity. It seems to me that it is irregular that a court is kept deliberately in ignorance of the existence of certain evidence and even more irregular that a court is deliberately misled. This deprives the court of the opportunity to implement the Overriding Objective as outlined in CPR 1.

 

There clearly is new evidence – because if there is an email which had not previously been disclosed to the court – for any reason – and which shows that the court has been deceived, what else can this be but new evidence?

 

Anyway, the OP seem to have disappeared. If he turns up again and was take this further and we will see.

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There clearly is new evidence – because if there is an email which had not previously been disclosed to the court

 

Is that "new" evidence? Or is it evidence that the OP had and should have disclosed earlier on but failed to do so.

 

It's not new in the sense that it was discovered after the trial had come to an end.

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There's no irregularity. The OP picked their evidence, the claimant picked theirs, the claimant's evidence was more persuasive. That's not an irregularity. That's how civil proceedings work!

 

There's no new evidence. The emails were available for the OP to use as evidence. The OP chose not to.

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