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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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What are the consequences of a claimant making a statement

Resolved Question:

what are the consequences of a claimant making a statement of fact later proven to be false in court?
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
is the entire case void or can other claims be dealt with by the court?
Expert:  Ash replied 8 months ago.

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

Could you please explain your situation a little more?
Alex

Customer: replied 8 months ago.
Hi Alex, I had a handshake type of contract with a non-profit (proof: emails, bank statements I was being paid, invoices) and in the midst of the work, one Director started creating a hostile work environment for months - he was always a problem but as he was the founder.... anyway, a volunteer resigned and the Managing Director suggested everyone resigning to 'shock' this guy into realizing he'd pushed everyone too far. That didn't happen - he proclaimed he now was in control of everything... it was a coup.I had taken on the title of Director of IT - but was still was invoicing for my time. I shut down the website as part of attempting to take control of IT assets back, but as he controlled the bank account... it all turned out to be pointless in terms of spending time and money to wrest control from him. So I turned over the IT assets the organization 'owned' and kept my code as I had a) the copyright still and b) hadn't been fully paid. These legal matters were going to be finalized at the next board meeting.He is now claiming I was nothing but a volunteer and so I have to give the code back - even though he has gotten a new and better website up and running now. I can easily prove he is knowingly lying about me being a volunteer, but he has not submitted a claim to the court yet (that is his current position and says he will). So if he does... half his claim is invalid but the half where I am responsible for shutting down the website can be contested (I am assuming I can contest this in some fashion given contract law) Even volunteers own the copyright until a explicit transfer happens.He is trying to pressure me to hand over the code and he promises no consequences. I am assuming he wants the code for his own purposes as the organization no longer needs it.thanks!
Expert:  Ash replied 8 months ago.

What is the value of the claim please?

Customer: replied 8 months ago.
He says he will claim more than 10,000 pounds which is ridiculous given all the factors (e.g. ad revenue was like 20 US dollars a month, the site was down for just a few weeks, only new donations were affected, not the existing income stream at all - and a typical month of new revenue was like 100 pounds). He is claiming expert help was needed to diagnose the problem, weeks of suffering over this, reputational damage...
Expert:  Ash replied 8 months ago.

If it turns out that the person has lied and there is a statement of truth attached to it (for example a witness statement or particulars of claim) then the court can make a finding of fraud.

It would be then for the party on the other side to refer the matter to the Attorney General who can consider a prosecution for perjury.

The other party can't make the decision to prosecute, only the Attorney General can.

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

Customer: replied 8 months ago.
ok, thanks, ***** ***** was worried about a judge deciding I did commit tortious interference and ruling in his favour none the less. I also am concerned this is all a bluff and he will merely officially claim tortious interference, but then why doesn't he just file the claim...
Customer: replied 8 months ago.
Is this a possibility?
Expert:  Ash replied 8 months ago.

No you dont need to worry about that, not unless its been pleaded.

Does that clarify? Alex

Customer: replied 8 months ago.
my question was assuming we were in the midst of a trial, and I show he lied within the submitted claim. But the other half of the case goes against me. I infer from your response a judge could decide that. correct?
Expert:  Ash replied 8 months ago.

Correct.

Does that clarify? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 8 months ago.
thanks. that is what I have been worried about. the matter of me bring down the site is a concern. It is just aggravating he is a blatant liar. You've been very helpful.

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