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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Plaintiff sued to evict defendant from their fathers property

Resolved Question:

Plaintiff sued to evict defendant from their fathers property where they resided in England. Plaintiff resides in foreign country while co plaintiff a UK citizen lived at a separate address in England. Defendants are UK citizens. Plaintiffs presented a forged document to obtain an interlocutory injunction to re enter the home, and also made numerous statements of perjury. Once they gained entry, their lawyer sought a settlement by asking for their court costs to be paid, when it was the police who who asked them not to stay in the flat due to their attempt to break into the home. A hearing to address only costs is fixed for 3 weeks from now, and I am baffled as to how the issue of FORGERY and PERJURY which the plaintiffs solicitor refused to respond to before seeking a settlement is no longer relevant. How can the issue of forgery and perjury be raised since the plaintiffs solicitor wants it buried and still wants to collect costs from the defendants? I disagree with a cost hearing and would rather have the Judge view all the evidence including the forged document and statements of perjury used to deceive the court into obtaining an interlocutory injunction.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know when the Court decision was?

Customer:

court injunction was in july 2014, the plaintiffs moved into the flat while the defendants remained in the flat. The court gave set dates to submit any other documents, and the plaintiff had already submitted a forged document to implicate one of the two defendants as threatening their lives. The plaintiffs also made false statements which can be proven by documents to be lies. In August when the defendants submitted evidence proving the document used to get the injunction was forged and that numerous statements by the plaintiffs submitted to the courts were untrue the plaintiffs solicitor refused to respond and immediately asked for a settlement. But curiously the plaintiff solicitor wants the defendants to pay court costs, and by withdrawing from the case and requesting costs claiming his clients the plaintiffs were unjustly excluded from the home, when the police asked the plaintiffs who had not stayed in the home for more than a year to get a judicial interpretation thus the injunction supported with forged document and perjury. The forgery is on record and the false statements are also on record. My concern is that under English law, can a person deceive the court with lies and forgery and then suddenly ask for a settlement hoping it will go in their favour and the Judge will not see the forgery or lies since only costs are being determined? The hearing is set for 3 weeks from now.

Alex Watts :

Have you supplied a statement in response to the forged documents? Have you asked the Court to allow an expert to examine the documents and say whether they are genuine?

Customer:

Yes we submitted evidence to show the document was forged as well as documents to show at least 4 statements submitted to the court by the plaintiff were untrue. Once we showed convincingly that the plaintiffs were making untrue statements and gave a forgery to the court, their solicitor did not allow them to respond to the facts and rather sought a settlement. That to me appears to be a maneuver to prevent the Judge from seeing the forged documents by asking only for court costs to be determined and not pursuing anything else. So we the defendants can ask the court to allow an expert witness to examine the document they presented while gaining an injunction. There are multiple other untrue statements the plaintiffs used at the initial injunction hearing. I would like the Judge and the courts to know they were deceived, how is it best to approach it?

Alex Watts :

Ok, so have you filed a statement at Court saying its untrue and forged?

Alex Watts :

To confirm there is a final hearing in 3 weeks?

Customer:

We have not filed a statement at the court stating the forgery, what transpired was that after the injunction hearing in mid july, the court gave dates where the plaintiff made statements to the courts reinforcing their forgery and perjury in early August 2014. We the defendants responded in late August 2014 as stipulated by the courts, and after the plaintiff's solicitor saw the evidence confirming the forgery as well as the multiple untruths made by the plaintiffs to deceive the court, a settlement by the solicitor to the plaintiffs was offered to us the defendants to pay their court costs despite providing forgery and making perjurious statements. The plaintiffs lawyer then said his clients were no longer interested in pursuing the case, rather they only want us the defendants to pay their court costs. But the plaintiffs lied and forged to gain their interlocutoy injunction thus abusing court process. And, yest there is a hearing in 3 weeks by the court to hear only costs. But the plaintiffs deceived the courts, so how can they get away with perjury and forgery?

Alex Watts :

Ok, when was the final hearing for the injunction?

Customer:

The injunction was granted in mid july, and the court gave dates for the plaintiff to send additional responses which was in early july and another in early september after the defense had respondde in late August. The plaintiffs after getting the injunction in mid july met the court appointed deadline a day late in early August. We the defendants responded as stipulated in late August then the plaintiff was supposed to respond again in early september, but after realising the forgery and perjury had been found out refused to respond further. Then their solicitor came up with the idea of a settlement asking we pay their court costs. From what I gather we the defendants should approach the court with the complaint of forgery and perjury against the plaintiffs. Is there a special way this is done?

Customer:

The final hearing for the injunction had not been done, rather the plaintiffs somehow want only court costs to be determined and seem to not be pursuing the case they filed knowing that the forgery and perjury will come up. I would rather the case remains in court so the Judge can see the untrue statements and forgery concocted by the plaintiffs. Any suggestions as to what I need to do so the court can see the fraud?

Alex Watts : Have you agreed to the injunction?
Customer:

we agreed to it in july when the plaintiffs entered the premises and took a room while the defendants took the other room. The plaintiffs were not residing there in 2014, one had left the year before and the other is a citizen of a foreign country and had not been in the UK in 15 months prior to coming to get the injunction. The injunction was not lifted as far as I know, so it is still in force. But it is based on lies and forgery. I was looking forward to the Judge seeing how the plaintiffs deceived the courts, but if only court costs are determined at the cost hearing it seems justice will not be served.

Alex Watts :

Ok, you need to serve a statement in relation to these issues that you want to raise.

Alex Watts :

Although the hearing is a costs hearing if there is an allegation of fraud the Judge can reopen it

Alex Watts :

So you need to file (with the Court) and serve (send to the other side) a statement setting out everything that has gone on including any fraud.

Alex Watts :

The Judge can then consider this and what steps next to take, including the re-opening of the case or penalising the other side on costs

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

thank you

Alex Watts :

Can I help with anything else today?

Customer:

nothing else

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