Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
You disagree with the decision and you want to appeal, is that right?
No, The claimants sole witness wants to withdraw his evidence. An appeal would be won, but this would involve the high courts and too high risk in terms of costs.
All I need is confirmation of how to present the claimants sole witness withdrawal of evidence to the courts.
This is simplistic, the witness did not know that the disputed boundary line was in my legal ownership. I was prevented from presenting my Deeds to the Judge, because either the Barrister lied that they were not in the Trial Bundle, or the Solicitor, lied. to him.,
Depite having legal advice, and starting the Appeal process, which was too expensive, this Solicitor failed to tell me, all I needed to do was proved unreasonable behaviour, and prove lies at the costs hearing.
Instead, I was directed down the more lucrative route of appeal for him.
Therefore, I need to get the Claimants withdrawal of evidence to the Courts urgently.
need this reply urgently, the claimant's witness has written his withdrawal statement
We need to get this to the Courts tomorrow. I am out of time to appeal by a long way
So you want to make the witness give evidence?
You would need to issue a witness summons
You need to apply to the Court for a summons
Once it is granted it needs to be personally servied
If they do not attend technically they are in contempt of Court and could be arrested.
You need to complete this form:
Can I clarify anything for you about this today please?
I have looked at this form, it is does not appear to be appropriate.
The form is to summons a witness to court for a court hearing, This is not the case, there is no court hearing pending. The Claimant's sole witness wants to retract./withdraw his evidence, because he can proved the claimants lied to get him there.
Has the Judge determined liability?
Has the case ended?
Court transcriptions uphold this. Please confirm the process to get this to the County courts.
Has the case ended? Did the Judge determine liability?
Yes,t the case has ended, and liability and costs to me.
Ok - but you want to overturn the decision?
Yes, the claimant's sole witness wants to retract his evidence.
Or this could involve costs against me, and just to get rid of this liability would be lifesaving
Sadly all you can do is appeal
You can't apply to set aside
You MUST appeal
The appeal form is here:
You need to apply for a transcript of the hearing using form EX107
Once you have this then you have to APPLY for permission to appeal.
You can apply out of time but you need to say why
So a witness cannot retract his evidence?
You need to get a statement from the Gardner saying he wants to retract his evidence
But retract means he has made it up - he has lied
A witness can NOT after Judgment has been given no
The Judge has decided liability
Therefore you need to appeal
The Gardner needs to say that he is retracting his evidence
The Court can give permission to appeal
But it is an appeal route and not set aside
No, he has been lied to by his clients. The clients have lied to their witness, he has not lied
You need to follow the procedure I have said above
He needs to say why he wants to withdraw his evidence
Does that help?
Can I apply costs against me, due to the Barriester lying that my Deeds had not been presented when they had,
You can apply for costs to be set aside also yes.
Can I apply to the Courts now, with regard to proved Barrister mis conduct, without Appeal?
No, you must appeal
That is the ONLY route
as the claimants are very old, does this apply to the claimants as well. If permission to appeal is granted.
and the claimants decide to admit there was no unreasonable behavior by me. i am clutching at straws, I guess still an Appeal?
The Claimant would only need permission to appeal if they lost., They did not, so they do not need position
Even if the Claimants admit there was no unreasonable behaviour, yes it is still an appeal
I am sorry
But does that help?
As this went to multi track, it I decided to try to recoup the costs, via a private action for proved fraud , which court would that be in given that my costs are now around £92?
i meam 392K
If you appealed and WON then yes you could claim costs
But you can't get costs unless you win the appeal
sorry, I did not write clearly, if I made a new claim for proved fraud between two court actions, which proved no continuity of evidence, rather than an Appeal,. without Appeal but an associated private action.
sorry I did not write clearly, if I made a new claim for proved fraud between two court actions, which proved not continuity of evidence, rather than an Appeal.
the claim would be for £100k, and which level of court would this be in?
You have issued a claim for the same action?
I want to make a new claim action against the claimants for fraud and lies during the last two claims. Due to proved 100% lack of continuity between the small claims court and multi track. This would be a claim for compensation for £100k, which court would this be in?
You can't do that.
The value would be multi track - but you cant do it
You can't issue proceedings for fraud.
You have to appeal the decision
If I got permission to appeal, at this point, can I get an caveat at this point?
Well the whole point of your appeal is that there was fraud etc
Then the case can be remitted back to Court for re-determination
Therefore you can bring this to the attention of the Judge
Also, i have to get the interest frozen on the costs debt. What is the best way to do this. Application to the Courts?
You may have a claim on the estate, but in any event the remaining Claimant(s) would be liable for costs
But what if the remaining claimant has died before the appeal hearing. Is this paper based or would she have to be there?
If the Claimant dies then the claim can only be on the estate
The Judge is unlikely to allow the case to continue if someone is dead because they can't be represented or give instructions
thanks . I now need advice on how to freeze interest on costs against me. I have a good report to the Courts
for tomorrow and this includes the manner this case was won.
Yes if I could invite you to raise a new question for that
If I have answered this question might I invite you to rate my answer
If the system wont let you please do say
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