How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I am a defendant in a Court case, which I lost. The resultant

Resolved Question:

I am a defendant in a Court case, which I lost.

The resultant Court order is based on the Claimants sole evidence and his name is ***** ***** on this.

This was a civil case, concerning a boundary/land neighbour dispute which got out of hand and reached a second hearing within multi-track.

The claimants witness (gardener) is going to withdraw his evidence, not because he lied, but because his clients lied to him. As I was unrepresented in Court, due to lack of funds, the Barrister against me, either lied that I had not presented my Deeds, or the Solicitor lied that I had not presented my Deeds.

The Witness is going to his Solicitor today, for him to check his statement.

Question, Therefore, please inform the following :-

As the Defendant, do I have to make application to the Courts, for this withdrawal to be presented to a Judge.

The Question is simple : Please inform the process
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

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.

Alex Watts :

You disagree with the decision and you want to appeal, is that right?

Customer:

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.

Customer:

All I need is confirmation of how to present the claimants sole witness withdrawal of evidence to the courts.

Customer:

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.,

Customer:

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.

Customer:

Instead, I was directed down the more lucrative route of appeal for him.

Customer:

Therefore, I need to get the Claimants withdrawal of evidence to the Courts urgently.

Customer:

need this reply urgently, the claimant's witness has written his withdrawal statement

Customer:

We need to get this to the Courts tomorrow. I am out of time to appeal by a long way

Alex Watts :

So you want to make the witness give evidence?

Alex Watts :

You would need to issue a witness summons

Alex Watts :

You need to apply to the Court for a summons

Alex Watts :

Once it is granted it needs to be personally servied

Alex Watts :

If they do not attend technically they are in contempt of Court and could be arrested.

Alex Watts :

You need to complete this form:

Alex Watts :

http://www.jordanpublishing.co.uk/system/uploads/attachments/0002/2181/fp25_1205.pdf

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I have looked at this form, it is does not appear to be appropriate.

Customer:

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.

Alex Watts :

Has the Judge determined liability?

Alex Watts :

Has the case ended?

Customer:

Court transcriptions uphold this. Please confirm the process to get this to the County courts.

Alex Watts :

Has the case ended? Did the Judge determine liability?

Customer:

Yes,t the case has ended, and liability and costs to me.

Alex Watts :

Ok - but you want to overturn the decision?

Customer:

Yes, the claimant's sole witness wants to retract his evidence.

Customer:

Or this could involve costs against me, and just to get rid of this liability would be lifesaving

Alex Watts :

Sadly all you can do is appeal

Alex Watts :

You can't apply to set aside

Alex Watts :

You MUST appeal

Alex Watts :

The appeal form is here:

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n161-eng.pdf

Alex Watts :

You need to apply for a transcript of the hearing using form EX107

Alex Watts :

http://www.posib.co.uk/ex107_e.pdf

Alex Watts :

Once you have this then you have to APPLY for permission to appeal.

Alex Watts :

You can apply out of time but you need to say why

Customer:

So a witness cannot retract his evidence?

Alex Watts :

You need to get a statement from the Gardner saying he wants to retract his evidence

Alex Watts :

But retract means he has made it up - he has lied

Alex Watts :

A witness can NOT after Judgment has been given no

Alex Watts :

The Judge has decided liability

Alex Watts :

Therefore you need to appeal

Alex Watts :

The Gardner needs to say that he is retracting his evidence

Alex Watts :

The Court can give permission to appeal

Alex Watts :

But it is an appeal route and not set aside

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No, he has been lied to by his clients. The clients have lied to their witness, he has not lied

Alex Watts :

You need to follow the procedure I have said above

Alex Watts :

He needs to say why he wants to withdraw his evidence

Alex Watts :

Does that help?

Customer:

Can I apply costs against me, due to the Barriester lying that my Deeds had not been presented when they had,

Alex Watts :

You can apply for costs to be set aside also yes.

Customer:

Can I apply to the Courts now, with regard to proved Barrister mis conduct, without Appeal?

Alex Watts :

No, you must appeal

Alex Watts :

That is the ONLY route

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

as the claimants are very old, does this apply to the claimants as well. If permission to appeal is granted.

Customer:

and the claimants decide to admit there was no unreasonable behavior by me. i am clutching at straws, I guess still an Appeal?

Alex Watts :

The Claimant would only need permission to appeal if they lost., They did not, so they do not need position

Alex Watts :

Even if the Claimants admit there was no unreasonable behaviour, yes it is still an appeal

Alex Watts :

I am sorry

Alex Watts :

But does that help?

Customer:

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?

Customer:

i meam 392K

Customer:

SORRY £93K

Alex Watts :

If you appealed and WON then yes you could claim costs

Alex Watts :

But you can't get costs unless you win the appeal

Alex Watts :

Does that help?

Customer:

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.

Customer:

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.

Customer:

the claim would be for £100k, and which level of court would this be in?

Alex Watts :

You have issued a claim for the same action?

Customer:

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?

Alex Watts :

You can't do that.

Alex Watts :

The value would be multi track - but you cant do it

Alex Watts :

You can't issue proceedings for fraud.

Alex Watts :

You have to appeal the decision

Alex Watts :

Does that help?

Customer:

If I got permission to appeal, at this point, can I get an caveat at this point?

Alex Watts :

Well the whole point of your appeal is that there was fraud etc

Alex Watts :

Then the case can be remitted back to Court for re-determination

Alex Watts :

Therefore you can bring this to the attention of the Judge

Alex Watts :

Does that help?

Customer: if this goes to appeal at the high court, only one of the claimants is now living. If she died before the Hearing what happens, is it over. The is the problem, I am dealing with very elderly neighbors, and the husband very recently died.
Customer:

Also, i have to get the interest frozen on the costs debt. What is the best way to do this. Application to the Courts?

Alex Watts :

You may have a claim on the estate, but in any event the remaining Claimant(s) would be liable for costs

Alex Watts :

Does that help?

Customer:

But what if the remaining claimant has died before the appeal hearing. Is this paper based or would she have to be there?

Alex Watts :

If the Claimant dies then the claim can only be on the estate

Alex Watts :

The Judge is unlikely to allow the case to continue if someone is dead because they can't be represented or give instructions

Alex Watts :

Does that help?

Customer:

thanks . I now need advice on how to freeze interest on costs against me. I have a good report to the Courts

Customer:

for tomorrow and this includes the manner this case was won.

Alex Watts :

Yes if I could invite you to raise a new question for that

Alex Watts :

If I have answered this question might I invite you to rate my answer

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions