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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear just answer I was sued in the high court London and the

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dear just answer I was sued in the high court London and the case was thrown out and the claimant went bankrupt on me. I was going through some old files and I came across and attendance note between the other sides solicitor and barrister. the part that stands out is "we are not sure that we have the right parties eiher the claimant of defendants or that the debt is in the right amount or that we have the right jurisdiction" this meeting took place several months after the have gone into the court with specific parties a specific amount in the uk jurisdiction. as officers of the court have they not committed fraud?
pls advise
Submitted: 12 months ago.
Category: Law
Expert:  Ash replied 12 months ago.
Hello my name is ***** ***** I will help you with this.For now please let me know when this was, the case ?
Customer: replied 12 months ago.
Hc05c00244 walsh vrs others
Expert:  Ash replied 12 months ago.
What year please?
Customer: replied 12 months ago.
apr 2002
Expert:  Ash replied 12 months ago.
It's bad news, this is not fraud, If they knew and purposely mislead the court you may have a case, but even then significant time has elapsed. You generally would have six years to bring a claim for breach of contract and three years for negligence.
But it only appears they think they may have the wrong person. Not that they knew and purposely mislead the court, in any event the court won't have a recording or record of the hearing this far back. They are destroyed after 12 months,
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
Customer: replied 12 months ago.
Hi alex I am aware of the 6 year rule but it does not apply to fraud. my focus is on the fact that his lawyers in there own words were not sure of parties/amount/jurisdiction yet presented to the court a freezing order for 180,000 over a property that I had up for sale.shortly after a settlement document appeared for 240k which meant they spent 60k on as an officer of the court confirming that he had a valid claim but the reality is it was that an invalid claim was put into court with the sole purpose of blackmailing me. what would have the judge said who granted the freezing order if they have disclosed "we are not sure that we have the correct parties either claimant or defendants or that the debt is in the right amount or that we have the right jurisdiction.
also they go on the say 'the claimant has been confident throughout until now that by going to the next stage he will force the defendants to settle"
going on from this 180,000 was paid into court then they put in a further claim which was dismissed with the judge saying 'if the first part of your claim is anything like your application to increase the freezing order I do not hold out much hope for you'shortly after he dropped the claim and went bankruptpls advisetksmartin
Customer: replied 12 months ago.
Hi please look at the solicitors journal - city partner struck off for misleading court. Common ground with the fraud/blackmail that I was subject to
1. without notice freezing injunction
2. They clearly did not make full and fair disclosure which they admit in the attendance document that I have uncovered
Expert:  Ash replied 12 months ago.
Yes I am aware of what fraud is. But if and only if they dishonesty made a representation (and you need to show dishonesty here, ie was it dishonest to the standards of a reasonable person) could you have any claim.Given the length of time Martin it is going to be hard, not only to show that they deliberately misled the Court but also that there was dishonesty.I think if you want to pursue this it will be very hard indeed and if you lose, you would be liable for the costs of the other side.But just because they suspect its the wrong defendant or jurisdiction does not make it automatically dishonest.Can I clarify anything for you?Alex
Customer: replied 12 months ago.
hiDid you look at the solicitors journal where the stewarts law partner was struck off by the solicitors disciplinary tribunal. What stands out is the last comment from Cadman "the decision was a reminder to litigators making without notice applications that they had a duty of utmost good faith of absolute frankness. Officers of the court are subject to a higher level of operating standards and from a layman's view point I have a document that they produced saying they are not sure of correct parties claimant of defendants or the debt or the jurisdiction what then was the starting point for this fraudulent blackmail attempt? why as officers of the court was this not disclosed to the various judges? I realize I may be pushing on a length of string here but I am looking for some inspiration . re the time issue this is new evidence that has come to lightpls advise
Expert:  Ash replied 12 months ago.
Yes I read the Tribunal decisions on a regular basis.Time is not an issue as its a not bar to fraud.But its whether they have been dishonest is the key. Suspecting it might not be the correct defendant/jursidiction is not the same as knowing that they have misled.Does that clarify?Alex
Customer: replied 12 months ago.
Hi The facts are that his lawyers forwarded a claim with the sole purpose of using the courts to blackmail me into paying 180000 gbp for a claim that by there own admission they were "not sure" of every single part that makes up a claim claimant/defendant/amount/jurisdiction. I am told that the claimant approached numerous firms to take on this case and was turned back each time.Having discovered this attendance note the issue that I am hanging my hat on is how did they forward this claim? I notice from the stewarts law case he was struck off for misleading the court. As they did not have firm any part of the claim what possible category would this fall into apart from misleading the court. The sl case clearly shows the the courts will punish any sra member that knowingly assists a bogus claim which was clearly demonstrated by the claimant with a freezing order in hand walking away from the claim. what else would they say but not sure in an attendance note. what in effect happened was in there role as an officer of the court they knowingly went down the nuclear route of a freezing order in a joint blackmail attempt which after this sl ruling has made the instructed lawyers liable .
pls advise
Expert:  Ash replied 11 months ago.
As I said it all comes down to whether they were dishonest. There is no clear evidence here either way and if you are claiming dishonesty it would be up to YOU to prove that they were dishonest, not for them to show they were not.Its a very high bar to pass, as you only have a suspicion. If it said, I know we are pursing the wrong person but lets give it a go anyway, that might be a different matter - but it does not say that.By all means you can pursue a claim, but as you know you would be liable for costs if you lose.Can I clarify anything for you about this today please?Alex
Customer: replied 11 months ago.
HI without that note I would have no chance.will see what the family lawyer says about this crook
Expert:  Ash replied 11 months ago.
Indeed. If I could invite you to rate my answer before you to today please, otherwise the site does not credit me for the time spent with you over the last few days. If you need anything else please do let me know. Finally good luck in whatever you decide. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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