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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have just finished with the solicitor I was using due to

Customer Question

I have just finished with the solicitor I was using due to conflict of intrest in a case over negligence on behalf of my ex landlord, We have exchanged witness statements & disclosure, I have given my belongs for testing as they were fire damaged, I this process the District Judge had made in his order that the otherside (defendant) could not do anything to my belongings without my permission, I have received proof from them that infact they have took things apart and tampered with it without my permission, is this tampering with evidence
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
What is it you would like to know about this please?
Customer: replied 1 year ago.
Sorry did you see the question?
Expert:  Ash replied 1 year ago.
Yes but it doesnt ask a question, it sets out history.
What would you like to know about this?
Customer: replied 1 year ago.
Sorry the question mark is missing at the end for some reason? If the defendant has sent evidence that they have disobeyed the judges order and took apart of the evidence & now claiming a few of the items weren't there and have not returned the items on the date specified in the judges order then, is this tampering with evidence? & also is that a criminal act? and is this cause to have the defendants counter claim struck out?
Expert:  Ash replied 1 year ago.
Its not a criminal act no, its just ignoring a Court order. You can ask that the Counter claim is struck out but thats unlikely.
Unless the Court order said something like: Unless the D retains the evidence and does not tamper with (x,y,z) then the counter claim shall be struck out - then it wont be.
You can bring it to the attention of the Court and the Judge can make adverse inferences. But you can ask that it struck out but it probably wont be.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
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Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/