Hello my name is ***** ***** I will help you with this.
Could you please explain the situation a little more including what type of matter the current proceedings relate to?
I was in court on a civil matter that I have discussed with you in the last week, my husband was a co-defendant and when being cross examined the opposing barrister brought up a conviction from 1992 which according to the Rehabilitation of Offenders Act 1996 was spent in 1996 and it is against the act to use it in court. my question is what are our remedies?
Yes. Remind me what was the case about and what was the conviction for?
My neighbours house was not built according to the plans passed by the local authority accordingly in error the gas and electricity meters were placed where they were only accessible from our drive, and as a consequence our neighbour claimed that our drive was a shared drive. Our solicitor appointed by our insurance company confirmed that this was not true and also confirmed that if we didn't challenge the claim after a few years the neighbour would acquire a right. The court found in favour of the claimant and provided an injunction allowing them to access our property 24/7 for meter access because of an easement allowing access for maintenance and decoration of the property transferred. We maintained that since the meters are not owned by the claimant nor were they owned by the builder they were not part of the property transferred.
It was during the hearing of this case that a conviction for false accounting against my husband due to problems arising with VAT when his business was failing. This conviction was brought up in court and called VAT fraud.
Yes and used it as character assassination.
But the law is specific after 2 years it cannot be used in court, this law was violated so what is the remedy?
He was convicted but still maintains that it was a mistake due to the business collapse pressure. The question I'm asking is since it is not allowed to be used in court after 2 years and yet it was, what is our remedy?
In cross examination the barrister asked the question, was he convicted of Vat fraud to which my husband said yes.
He is 80 years old and was being harassed by an aggressive barrister?