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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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If someone writes a witness statement and tricks someone

Resolved Question:

If someone writes a witness statement and tricks someone else to sign it then uses this statement in support for an application to court, what does this mean? My mother cannot understand or write in fluent English and the opposition has written a witness statement claiming it is from my mother and then got her to sign it by intimidating her. She had no idea what she was signing and this has huge consequences in the context of the case. The person who wrote the false witness statement stands to gain and my mother will lose all of her assets.
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.

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

Was it not interpreted for her please?

Customer: replied 8 months ago.
no it was not interpreted for her. she didn't understand what she was signing and he just wanted her signature
Expert:  Ash replied 8 months ago.

Ok, then that is a breach of the civil procedure rules and can't be allowed.

The rules say it either must be translated or have a certificate to say it was read to the person and they understood it.

If not it can't be used.

Can I clairfy anything for you about this today please?

Alex

Customer: replied 8 months ago.
The opposition has not given us this witness statement for us to inspect. As of yet we have not asked for it. But considering how it was used as support in an application made to court, do we have the right to ask for it? Especially because it is wrong, suspicious and illegal. Can they refuse to send it to us? What if they refuse? What if it is destroyed (which would be surprising seeing as it was used for a court application)?
Expert:  Ash replied 8 months ago.

If it's been done then it should be disclosed if an application has been made. If it's a statement used in a trial then it needs to be disclosed on the date given by the court.

Does that clairfy? Alex

Customer: replied 8 months ago.
thank you very much
Expert:  Ash replied 8 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 8 months ago.
I made a mistake. Someone forged a letter (and got her to sign), not the witness statement. they then used this letter by referring to it in a witness statement in an application to court.

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