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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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If you have evidence that a claimant in a county court hearing

Resolved Question:

If you have evidence that a claimant in a county court hearing has presented falsified evidence to a court, by way of a document being altered retrospectively and passed off as an original, which has resulted in an incorrect judgement being made in their favour, what is the correct procedure for the defendant to follow to try to rectify this? Should the defendant file an appeal, or is there another course of action to follow?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What was the date of judgment?
Customer: replied 2 years ago.

16th January 2015.

Expert:  tdlawyer replied 2 years ago.

Hi, thanks for your question. I see the other expert has opted out so I shall assist and answer this for you.

It may be possible to file an appeal IF, the evidence that you now have was not possible to obtain in readiness for the first hearing. The court takes the view that there has to be an end to litigation at some point, even if the Court gets it wrong and was misled. It does this by saying that if the evidence of falsification was possible to obtain (but even if not obtained) for the first hearing, then it will not usually deal with it on appeal. Only when new evidence comes to light that you could not have known about, such as scientific advances, etc., would an appeal court consider it and order a re-hearing.

Hope this answers your question. If you wish to clarify anything, please do let me know, otherwise, please remember to rate the answer as highly as you can for me.

Regards

Tony

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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Customer: replied 2 years ago.

Thanks for the advice. Very helpful. Is it also possible to apply for the judgement to be set aside on the grounds that the judgement has been obtained by deception? If so, what are the criteria and what is the process to be followed?