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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45290
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi we have a claim being made against us where the claimant

Resolved Question:

Hi we have a claim being made against us where the claimant is standing as a litigant in person. However what they have actually done is got someone in who is knowledgeable about defending cases and said that he is a manager with the their company. We questioned this and in the first hearing the judge asked this man whether he worked for the claimant and how long? He replied that he did and the judge asked for how long to which he replied 2 years. We have carried out FCA audits on this firm over the previous 2 years and we have evidence that this person has not previously worked for this company and that in saying that he had worked for them for two years he had lied in court. In a further hearing (as part of an application to strike out) we had asked that if this person had worked for the claimant then he should be able to submit P60s for each of the 2 years he had worked for them. Unfortunately the judge at this hearing was not interested in this and seemed to suggest that we were just making it difficult for the other claimant who appears to us to be doing a good job of pleading that they are hard done by and thereby getting through a claim which has many inconsistencies and errors and that if it was done by a legal representative would have been thrown out by now.
We are required now to make our defense within 2 weeks of 4th March. Is there anyway that we can bring this up or can we bring a separate case against this person.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Customer:

Hi Ben

Ben Jones :

You cannot really make a separate claim against this person but if they have lied in court under oath then they could be guilty of perjury which is a criminal offence. This is really an offence for the witness though, no the claimant who is pursuing you so all you can realistically do is bring this to the attention of the court and provide any evidence you have to back up your claim. If the court does not wish to consider this issue any further then you cannot force them to. As mentioned this is a criminal offence and legally you can contact the police about it but I am not certain they will take much notice and pursue the matter further as they will see this as a minor incident. Of course nothing stopping you from doing either of these to at least try

Customer:

Good answer - thanks Ben

Customer:

As I have said we have made an application to have the claim struck out as the claimant's particulars have numerous errors and the claim amount is not clear which was agreed in the previous hearing by the judge where he charged the claimant to represent their claim and make it clearer and less vague. At the last hearing we pointed out that he had not done this and that other than changing a couple of words it was the same claim with the same errors plus we pointed out that the representative had lied. As I have said the judge did not accept this. Is it possible to appeal on a decision like this?

Ben Jones :

You are unlikely to get a claim struck out for that - this is a drastic decision that is only taken if absolutely necessary - the Judge would not know for certain if the irregularities are as you say or not - it is basically your word against the claimant's. These are all issues that would be decided at the hearing rather than just getting the claim struck out. He is not legally qualified so the court will expect certain errors to arise but they will not just strike the claim out for that

Ben Jones :

Just need to quickly go into a meeting, I will respond to any other queries you may have as soon as I am back, within 30mins, thank you

Customer:

Thanks Ben

Ben Jones :

I am back if you need any further help

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45290
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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