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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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in an application to set aside judgment in dispute with my

Resolved Question:

in an application to set aside judgment in dispute with my builder, the defendant used a forged letter with a forged signature. At the hearing the judge has no option but to set aside and assign the claim to multitrack
What are my options to challenge the veracity of the letter?
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 : Are you saying the signature was forged?
Customer:

yes -

Customer:

he produced a letter that i had never seen that i allegedly signed

Customer:

i copied my signature off the contract i think

Alex Watts : Ok. Is the matter set down for a case management conference ?
Customer:

yes

Alex Watts : ok. Then you need to ask for permission here for a handwriting expert.
Alex Watts : Once you have permission you can get the letter analysed
Alex Watts : The handwriting expert will produce a report that can be used in peoceedings
Alex Watts : but ask for permission at the cmc
Alex Watts : Can I clarify anything for you about this today please?
Customer:

is it not possible to force the defendant to produce a statement as to how the letter came about in the first place?

Alex Watts : No.
Customer:

for example, the date it was sallegedly signed i was not even in the country

Alex Watts : You can ask at the cmc but the court can't force the issue
Alex Watts : That again is a matter of evidence for the trial
Customer:

or can i file a witness statement deying the veracity?

Alex Watts : yes you can but again this is a matter for trial
Customer:

if he copied the signature accurately we may never be able to prove it is a forgery?

Alex Watts : you need a hand wriiting expert by the sound of it
Customer:

ok - so a hamdwriting expert is the way to go?

Alex Watts : I think so
Customer:

surprising that anyone can just forge a signature like that and not need to justify themselves at all

Alex Watts : its a matter for trial rather than anything else sadly
Customer:

so no separate way to challenge?

Alex Watts : only if you have evidence it was forged and you need an expert report for this
Alex Watts : Does that clarify?
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