This was a Civil Litigation matter Alex.
You want to know can someone act for their brother in Court and be a witness?
Was he on record as acting or just dealt with the hearing?
He was working for the firm of solicitors DH LAw, but I didn't know he had just joined them. My lawyer from Boodle Hatfield was dealing with a Miss Rhian Davies from this firm and I expected to see her in the court, but his brother was hidden in a room - he is a solicitor . Miss Rhian Davies was not there. He had a barrister and so did I. I understand that his barrister would have cross-examined me and mine would have cross examined the claimant and his solicitor brother, but why was Miss Rhian Davies not present and his brother hidden in a room in the court with my lawyer and barrister going in and out of this room sorting things out? I'm very confused that this was all hidden from me. When you say acting or just dealt with the hearing, i do not know, Why on earth was he hidden in a room when he was a main witness and why was the other sides solicitor Miss Rhian Davies not in the court or in that room.
I was in the canteen of the Court with my lawyer and barrister and witness. The Claimant was in the canteen also with a a couple of character witnesses and his barrister was in and out going into this side room where the Claimant's brother was. If I had known that Miss Rhian Davies was not in that room and his brother was I would have stopped the case. His brother was doing all the negotiations in this room, with the Claimants barrister and my lawyer and my barrister. It didn't get into court and I wish it had. Surely a Judge wouldn't allow this? It's a total conflict of interest and the brother was a major liar in this whole case.
thank you Alex.
There is nothing unusual with a witness being in a conference room - this is quite normal
As for Miss Davies not being there, she does not have to be. A lot of time even Solicitors are not at Court because of the cost.
Therefore with Miss Davies not being at the hearing and the witness in a room is not something unusual.
Only witnesses that have given evidence are permitted to go into Court and give evidence, that is it
But the fact that the brother represented - is this a conflict - no
It is only a conflict if the brother knew you and was friends with you
They can know the Claimant, this is not a problem
But they can't be conflicted with the Defendant
I am sorry if this is not the answer you are looking for and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
the brother did know me as he was introduced to me before all this court stuff and I went out for dinner with him and the Claimant. I wouldn't say he was a friend like the Claimant, but he had met me twice and the Claimant wanted me to meet his brother? This was all before i was duped. hank you Alex
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