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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A District Judge overruled the Defendant's response to

Customer Question

A District Judge overruled the Defendant's response to ignore documentary evidence that her accountant had offered a settlement for unpaid invoices at an Appeal Hearing. For administrative reasons of the Court, the Case has now had to be re-tried. Does the District Judge decision at the Appeal Hearing, and the evidence presented at that Hearing offer any precedent to the re-tried case?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Have directions been giving for trial?
Alex

Customer: replied 1 year ago.
the Defendants re-submitted the same defence, with three additional points: 1. that the documentary evidence from their accountant acting as their mediator was not authorised by them; 2. That the Claimant should not be allowed to rely on the documentary evidence sent to me by the accountant acting on their behalf; 3. That in any case I had rejected the settlement offer in an e-mail the next day (which is true). A key part of the Defendant's case is that 1. They did not receive the invoices. 2. That there was a mutual agreement in place that I would not be paid and receive in lieu a share in the Company (so no need for me to submit invoices). The documentary evidence proves that I have a case and disproves Defendants claims of a) non-receipt b) a mutual agreement for non-payment c) that they accept the invoices at all.
Customer: replied 1 year ago.
I have to respond with the Directions Questionnaire response by 22 July
Expert:  Ash replied 1 year ago.

No, there is no precedent for the re-trial case.

Both parties will submit the evidence they seek to rely upon.

If there are offers it may be that the Court does not want to see them until after the determination of liability, unless they are open offers, then they can be disclosed to the Court.

But each side will just submit the evidence they seek to rely upon.

A Judge wont see anything else which has gone on before.

Can I clarify anything for you about this today please?
Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
ALexYou have missed the legal point that the evidence was presented for. It was not that there was an offer of settlement. It was documentary evidence that disproves the Defendant's Claims that they had never received my invoices, and that their Defence claim there was a pre-existing Mutual Agreement in place.Am I allowed to refer to the evidence as a point of Law in my Directions Questionnaire?
Expert:  Ash replied 1 year ago.

Do you have a number we can chat on?

Customer: replied 1 year ago.
Expert:  Ash replied 1 year ago.

Ok