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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33300
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have been pursuing a case through the county court and the

Customer Question

Hello, I have been pursuing a case through the county court and the solicitor representing her client gave a false and misleading and vital statement in written evidence to the court. How do I complain against that solicitor or has she or her client committed an offence that I need to report?
Submitted: 6 months ago.
Category: Law
Expert:  Clare replied 6 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

Why did the Solicitor herself make a Written Statement at all?

Customer: replied 6 months ago.
Hi Clare, thank you for your note. In a Witness statement of the solicitor to the County Court which was submitted by the solicitor to try and convince the judge there was no case to answer and to dismiss my application. In the statement she introduced herself by name 'and will say.....' the main element of the false evidence to the Judge is '10. I believe that we have a reasonable chance of defending the matter for the following reasons...c. The kitchen was not installed by the Applicant and thefore the Applicant should not be held responsible for any faults or quality issues with the installation of the Kitchen'. This evidence is entirely false and should not have been submitted to the Court. I have a separate letter originally from the same solicitor stating that 'the kitchen was fitted on a supply and fit contract'. The solicitor or the Applicant has submitted false evidence and relied on that evidence in order to have my claim discounted and dismissed by the Judge and I want to know how I now report this as an offence or malpractice? Thank you ***** *****
Expert:  Clare replied 6 months ago.

is the solicitor a friend of the applicant?

How did she come to be ordered to file a statement?

Customer: replied 6 months ago.
Hi Clare, thank you for your note and question. No this was definitely a formal arrangement with a firm of solicitors. I wrote a letter of final action seeking compensation or a new work top as the one fitted let water in and 'blew' inside the stated guarantee period. He then instructed a solicitor firm and was allocated the one I am talking about (her status is paralegal on the document sent to the court). I heard nothing back and judgement in the small claims court was awarded to me. Then the solicitors appealed at the County Court with the statement that he had not conducted the work which was false evidence and the Judge withdrew my award from the small claims court. The wording I quoted was from the Court submission papers by the paralegal - I have a previous letter from the same person stating that the work was completed by the kitchen company. So my point is that false evidence was put before the Judge which was knowingly false resulting in my award being withdrawn and I wish to pursue the fact that the known false evidence was submitted by either or both of the paralegal or director of the kitchen company. Best wishes Anthony
Expert:  Clare replied 6 months ago.

So this was not actually a Statement filed by the Paralegal - it was part of a Defence that was filed at court?

Customer: replied 6 months ago.
Hi Clare, thank you again for your response. The actual document submitted to the court after judgement had been awarded to me due to no response being received on time by the kitchen company is called 'Witness statement of ....the paralegal' and it states what will be read out in court. It states 'The defendant will state that the defendant provided the claimant with the kitchen; howvr the kitchn was fitted by someone independent to the company. Therefore the defendant is not to be held responsible for any faults with the quality of the installation of the kitchen. This was signed by the Defendant on a piece of paper marked Defence. The kitchen invoice I have states including fitting, the defendant and his brother fitted the kitchen and the paralegal knows this as I had a previous letter from her acknowledging the kitchen was fitted by them. My wish to take action now is that as false evidence was put before the court by the defendant and knowingly false by the paralegal do I go to the Police and report this or an independent body who deals with malpractice? Thank you again for your advice Clare. Anthony
Expert:  Clare replied 6 months ago.

Ok

Just to be absolutely clear - in a letter sent BEFORE the statement the Paralegal clearly acknowledged that her clients had installed the kitchen - no ambiguity at all?

Customer: replied 6 months ago.
Hi Clare, thank you again for coming back to me. So my evidence is I have a contract from the kitchen company for 'Supply and Fit', I have a letter from the Paralegal stating 'you entered a contract with our client for the supply and installation of a kitchen'. When the small claims court awarded me judgement due to a non response, the defendant submitted a statement to his solicitor claiming the fitting was independent of his company but this was not referred to specifically in the first submission by the paralegal they claimed a review of the judgement by the county court because 'their submission was only 2 days late'. The Judge stated that they had failed to meet the test and told them to resubmit a case within two weeks On this second submission that is when the solicitor/paralegal represented in her submission the false evidence put forward by the Defendant which she knew to be false or through lack of competence forgot all previous correspondence. My query now is do I have the right to report the Defendant to the Police for submitting false evidence to the Court, do I have some form of right to compensation through the false evidence or incompetence of the paralegal through either a professional body or other way of recovering the monies I lost (some £3000) due to the false evidence to the Judge. Just to also be clear the Director of the kitchen company fitted the kitchen with his brother and was here for the week demolishing a wall and fitting the kitchen so there is no doubt that he was not fully involved in the work and fully responsible for the poor fitting which caused the issue in the first place Thank you again Anthony
Expert:  Clare replied 6 months ago.

For clarity is that paragraph the only thing that evidences that she "knew" they fitted the kitchen?

Customer: replied 6 months ago.
Hi Clare, the letter I referred to is an acceptance that the kitchen company fitted my kitchen but there are several letters from me to the solicitors which the paralegal was handling this case throughout stating why I was making a case against the company so it is a reasonable assumption that she knew the full background but the letter from her endorses that view. It is only once I gained judgement did the Defendant or his representative ie the paralegal submitted evidence to the County Court stating that the kitchen had been fitted independently which as we know was false and misleading evidence. Anthony
Expert:  Clare replied 6 months ago.

I know that she knew what you were claiming - but is that the only evidence that you have that she had been told by her clients that they had fitted the kitchen?

Customer: replied 6 months ago.
Hi Clare, the letter that I first received was after an initial discussion she must have had with the kitchen company when they first look and discussed why they thought they were not responsible for the guarantee on my kitchen and the letter admitting it was supply and fit was correct. It was only once I had won judgement that their case changed and the false evidence was submitted and supported by the solicitor company. Does that mean I only have the right to pursue the defendant for presenting the solicitor with a false signed statement that was then presented to the court - Police or otherwise? Or if the solicitor company has been in discussion with the defendant before and in the file has conflicting evidence ie the letter and previous discussions was the paralegal just negligent and allowed the false evidence to be presented in a statement under her own name and presented to the Judge and if so what is my right of complaint or to seek compensation for the Judge being given blatantly false evidence. I should say it is not just moral standpoint I am making on people lying in court which I abhor it is the fact that this was a desperate bid to avoid the award already made to me and the evidence was the exact opposite of what happened and my judgement award was overturned - that cannot be right hence my request for advice on what my course of action should be within the law to ensure that justice should be seen to be done and that false evidence to win cases has to be investigated either by the Law and or a professional review of the paralegal which has cost me some £3000. Thank you again Anthony
Expert:  Clare replied 6 months ago.

Were you subsequently successful in your claim?

Customer: replied 6 months ago.
Not really. The claim was sent to mediation and I accepted a much lesser figure because I was sent an invoice from the defendants solicitor stating I would be liable for over £4000 in their costs and that I could not afford. What I am pursuing now is the fact that one or others lied or allowed the false evidence to be submitted that overturned my initial judgement and that cannot be morally correct or right in law and that is what I am determined to address. It is what my rights or actions are that I am seeking your advice on. Thank you again Anthony
Expert:  Clare replied 6 months ago.

I am afraid that there is no financial claim that you can make arising out of this.

You chose to compromise the claim rather than pursue it - that was your choice - not least since costs are rarely awarded in the Small Claims Court.

You may have a formal complaint to raise with the company the Paralegal worked for if you can prove that she knew for a fact that her clients had installed the kitchen.

If she is a Trainee Solicitor then that can also be reported to the Law Society since it is a clear breach of the Code of Ethics to lie to the court.

Please ask if you need further details

Clare

Customer: replied 6 months ago.
Thanks Clare, for your answer regarding the Paralegal - one final bit of the jigsaw now and that is what about the declared 'I believe the facts stated in this defence are true' and signed by the owner of the kitchen company - can I go to the Police directly for false submission of evidence to a county court judge or do I pursue that through another legal route? Once I receive your advice on this one I shall consider this question closed. Best wishes
Anthony
Expert:  Clare replied 6 months ago.

No I am afraid not.

No Criminal action will arise from this Civil case - your only option is the complaint route

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