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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i am in a multi-track court case with my builder. i am preparing

Customer Question

i am in a multi-track court case with my builder. i am preparing for CMC
The builder forged a letter with my signature. He submitted a copy to court and to us but he kept the original.
I want to access the original for a handwriting expert. How do I compel the builder to make the original available?
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 :

You ask that the original be submitted at the CMC, the Court can order it.

Alex Watts :

In any event you can make an application for specific disclosure and/or inspection

Alex Watts :

Can I clarify anything for you about this today please?

Customer :

can i make an application for specific disclosure ahead of the cmc?

Alex Watts :

Yes but its not necessary

Alex Watts :

You can ask at CMC and if refused make an application later

Alex Watts :

Otherwise it will cost you £155 for the application

Alex Watts :

Does that help?

Customer :

the thing is that i need the original for a handwriting expert. and depending om the result i will apply with a high court judge for contempt etc

Alex Watts :

When you ask the Court for permission for an expert then it can be reviewed by the expert

Customer :

ok- so it is best to wait until the cmc?

Alex Watts :

Yes

Customer :

i am concerned that de defendant will conveniently lose the original. should i make this known to his soliciotr and ask they take care not to?

Alex Watts :

Yes I would

Customer :

is that under any particular pd or cpr or just a general letter?

Alex Watts :

General letter but it would come under disclosure.

Customer :

should i announce our intention to have it inspected by an expert - or not just yet?

Alex Watts :

It makes no difference.

Alex Watts :

The document should be preserved in any event.

Alex Watts :

But if you are claiming forgery it is obvious to everyone it will need to be examined

Customer :

ok thx

Alex Watts :

Great. If I could ask you to rate as always before you go.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
If you start your questions 'For Alex W' I can pick them up as I am familiar with your case.
Alex

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