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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I won my entire case against the defendents -payment of

Customer Question

I won my entire case against the defendents for non-payment of invoices in 2013. In 2014 the defendents appealed to the court of appeal that the claimant wrongfully withheld their database and exercised a common law lien. The court of appeal ruled in favour of the defendents and ruled that the claimant was not allowed to exercise a lient for intangiable property. The case was refered back to the County Court for the district Judge to finalise his judgement on whether the claimant had caused financial loss for withholding the defendents database. The District Judge ruled in favour of the defendents.
In short, the defendents claimed during the entire trial over 5 years of litigation and declared via verbal submission during cross examination and in their written witness statements that did not have a copy of their database and the claimant wrongfully withheld it.
5 years later, an independent commissioner for data has confirmed that the defendents were in possession of their database at all material times and they have provided the certificates to the claimant that prove it. This means that the defendents provided false information and misled the Court.
I have now appealed to the county court out of time (N161) to seek permission from the Circuit Judge to hear the information provided by the data commissioner. While the merits of the information from the commissioner are compelling and tell the true story does not change the fact that the appeal is 14 months out of time. I have explained in my appeal that the claimants were not privcy to the independent commissioner information and the defendents should have disclosed the information in the first place.
If I am granted permission to appeal then this will give me the opportunity to try and set-a-side the wrongful judgement and set the record straight, however, if the appea is dismissed by the county court then I could try the court of appeal and see where that road takes me. However, if the appeal is dismissed due to amount of time that has lapsed then I need to consider whether to apply for a part 23 or part 81 action VI COMMITTAL FOR MAKING A FALSE STATEMENT OF TRUTH (RULE 32.14) OR DISCLOSURE STATEMENT (RULE 31.23)
Questions as follows.
In light of the new evidence being available in September 2015 is there a time limit to make a contempt of court applicaiton after judgement was made on the 15th January 2015?
Is the application a cival application which could result in the accused witness and defendents being cross examined at court which could result in the judgement being set-a-side or is it a criminal applicaiton?
My thoughts that it would be a cival matter and if the Judge felt the matter was criminal then the Court would refer the matter to the CPS or attourney General.
The case is very complex however I have the DNA which now tells the true story.
Can you off the record "help me"...
I have sent the appeal applicaiton and paid for it.
Regards,
Dave
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I have tried to shorten five years of litigation into a few lines and hope it makes sense... Bascially, my company was managing my clients database remotely on their behalf and my client could access the database at anytime and download it... When monies became due and they didnt pay, upon receiving advice from my Solicitor the firm instructed at the time advised the claimant to "withhold the defendents database" and return it once payment was received.Counsel and the District Judge agreed that exercising a lien was the right thing to do, however, the three Lords at the appeal court said that there was no law written for intangiable property and did not want to set a precedent and open up a can of worms for other claimants. Basically, the Lords found themseleves dealing with a case that had never been brought to the court of appeal before and they decided not to make it law and would leave it for parliment to decide the future for exercising a lien for intangiable property.The point now...Is the defendents had the data all the time in their possession and the "independent" commissioner for data which carried out an audit on the defendents data has now confirmed this information.In light of this information, this now proves that the defendents providede false information and misled the court.
Customer: replied 1 year ago.
The bot***** *****ne is I now have enough informaiton from a credible source that proves that the defendents "basically lied and misled the court"... The reason they said they didnt have a copy of their database was to pass blame to the claimant and gain monies to reconstitute their database with cleaner and better quality data.
Customer: replied 1 year ago.
Hope this makes sense!
Expert:  Ash replied 1 year ago.

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

Are you represented please?

Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
My number is ***** 831265.
Customer: replied 1 year ago.
I have had representation before but I am currently a LIP.
Customer: replied 1 year ago.
I am on the court record currently
Expert:  Ash replied 1 year ago.

sure. Alex

Customer: replied 1 year ago.
Hello Alex, I have another question. How much will it cost me as i can't afford £38 pounds every time. Is it possible you can do it a bit lower for me?Could we do a 15 minute phone call at half £47 rate you charged me for 30 minutes last week...?Regards,DaveRegards,Dave
Expert:  Ash replied 1 year ago.

Yes if you post a new question. Alex

Customer: replied 1 year ago.
Hello Alex,Can you help me with the practice directions for the appeal. I've posted the papers to the County Court and the file is now in a queue to be seen by the circuit judge. As it's an appeal N161, should I send a copy of grounds of appeal and all the paper work to the respondent's within 7 days of filing or should I wait until permission has been granted or dismissed or does the Circuit Judge need to read the both sets of arguments including the respondents to object to the appeal before making a decision. If the Judge dismisses permission to appeal then I can request an oral hearing within 7 days.The CPR Rules say some points below.(2) The court will notify the respondent of the hearing but the respondent is not expected to attend unless the court so directs.(3) If the court directs the respondent to attend the permission hearing, the appellant must supply the respondent with a copy of the skeleton argument and any documents to which the appellant intends to refer.Me again.Is it standard for the respondents not to attend an oral appeal or is this something the respondents would request permission from the Court to attend and provide their skeleton argument?Would you mind if we did this on the phone for 15 minutes for half of £47 - say £23 pounds... as I will probably have more questions and can't afford lots of money.Regards,Dave
Expert:  Ash replied 1 year ago.

Can you post a new question for this?

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