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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex, hope all is well. Are you able to help me with a

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Hello Alex, hope all is well.Are you able to help me with a question relating to the contempt of court matter.I won’t go into huge amounts of details as I don't think it is necessary.Imagine...If a company made a claim on their insurance for "loss of TV sets" and in their claim they said that they had a break in and their TV sets were stolen and later the insurance company paid the company for their loss. What actually happened is they had their TV sets all the time and the insurance company had "independent evidence" that later proved that the claimant made a fraudulent claim.In summary, the insurance company issued proceedings against the claimant and their witness prepared a false witness statement and deliberately tried to mislead the insurance company and the court by not having an honest belief in its truth.Now...The respondents claim that they were never in possession of their data at all material times and make submissions and witness statements at the original trial before a District Judge, then again before the Court of Appeal and then they issue another counter claim to wipe out my claim and issue further witness statements to the same district judge.Next.What the respondents do is plead losses for data they claim they don't have which has resulted in my company losing the trial. However, there is a twist to the story...The Audit Bureau Circulation audited the respondents data during the time the respondent claimed they never had the data.One of the ABC rules is the respondent must be able to prove that they have data in their possession for the previous 3 years.Regardless of pleading losses for rebuilding their data for £1 or £1,000,000, the point is... Any new data the respondents purchased could only be audited in Year 1 and not years, 2 and 2-3. The ABC rules state that you must be able to prove the last 3 years.Next.Now take a look at my Excel table and you will see that the respondents were able to file the last 3 years of data to the ABC.The yellow highlighted tabs confirm the dates that the respondents claimed that they were not in possession of their data but the ABC confirms that the respondents did.The blue tabs are the publications the respondents are saying they didn’t have any data. (I've removed the names of the titles)I've read all the witness statements which confirm that they made "terrible losses" and had to X and Y to rebuild their data.The fact of the matter is that the respondents deliberately misled the Court in order to profit and build their business and pass the blame to my company which is wrong.Do I not have a good case of contempt of court, particularly as the certificates are unarguable. There is no way out.Should I file this to the existing Judge to get the ball rolling?It may concentrate the mind of the respondents particularly as there is a permission to appeal followed by an appeal if permission is granted.Do I need to set a comit to prison out in a special way and am I required to send it to the witnesses, is my claim against the people individually or the company, and if it's individually, am I still the LTD company.Are you able to help?Regards,Dave
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.

Hi Dave and thanks for asking for me.

Do you need a phone call on this one?
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 7 months ago.
Okay Alex, are you available?
Customer: replied 7 months ago.
Hello Alex, I am currently at home today and could speak to you at 4PM or what time can you make? Regards,Dave
Expert:  Ash replied 7 months ago.

Can you do later this evening?

Customer: replied 7 months ago.
Hello Alex, I've got to visit a witness at 6.30 and prepare a statement to be at court before 4pm Thursday. I am around now or tomorrow to speak before 1PM or possibly later if I get away early.Best to play it by ear.
Expert:  Ash replied 7 months ago.

Lets do tomorrow. Remind me in the morning if you would please.

Customer: replied 7 months ago.
Okay will do. Thanks.
Expert:  Ash replied 7 months ago.

Speak to you then!

Customer: replied 7 months ago.
Hello Alex, sorry I was out yesterday and had to submit the witness statements today to the court. Are you around or tomorrow?
Expert:  Ash replied 7 months ago.

Let me know when you are about today. Alex

Customer: replied 7 months ago.
Hello Alex, its Dave are you around?
Customer: replied 7 months ago.
Or when is a good time?
Expert:  Ash replied 7 months ago.

I am this afternoon after about 4pm

ALex

Customer: replied 7 months ago.
Hello Alex, I need to collect my son from nursery and take him to my partners parents, are you available over the weekend, say tomorrow around 12ish. I can message you in the morning.
Customer: replied 7 months ago.
Sorry about that.
Expert:  Ash replied 7 months ago.

I wont be around then. I can do tomorrow evening or Sunday afternoon?

Customer: replied 7 months ago.
Hello Alex,Are you still around?What time is good for you.I am free now if you are...
Customer: replied 7 months ago.
Just popping out for an hour or so, are you around later?
Expert:  Ash replied 7 months ago.

Let me know when you are free. Alex

Customer: replied 7 months ago.
Just on way home, how does 6.15ish sound?
Expert:  Ash replied 7 months ago.

Sure. Remind me then and I will also need your number again please.

Customer: replied 7 months ago.
Hello Alex, I am home 01342 842685.
Expert:  Ash replied 7 months ago.

Thanks. Alex

Customer: replied 7 months ago.
Hello Alex, are you still on the train. I've remembered what I was going to say. It says on the Court Order...The appellant shall by 4PM 4th August 2016 file and serve witness statements (I've done that) but then it says...The appellant shall serve on the respondent the documents on which the appellant intends to rely, at least 14 working days before the hearing listed above.... (as I've already sent my bundle to the Court with the N161.... Is the Court referring to my bundle I've already sent or am I able to send the bundle and any additional information to the respondents and copy this to the court two weeks before... Sorry, it's a bit confusing.... If I do send an email to the ABC auditor on notice... Should I include these documents in with my appeal or just let the application find it's own way...I am posting the file tomorrow so am a little stuck...
Customer: replied 7 months ago.
Or if you are on the train you can call me back and finish the last few minutes...
Expert:  Ash replied 7 months ago.

Sure. Alex

Customer: replied 7 months ago.
thanks for that.
Expert:  Ash replied 7 months ago.

Happy to help as always. Alex

Customer: replied 7 months ago.
Appreciate that... Sorry for the waffle!
Expert:  Ash replied 7 months ago.

Thats ok!

Customer: replied 7 months ago.
Sorry... One last point... If the auditors wont provide the informaion and I have put them on notice and send in an application to the court and the court order them to confirm that they audited the informaiton, can I recover my court costs back from the auditor.... ?If I can shall I drop this text into the letter...I reserve the right to draw this letter to the attention of the Court in connection with the question of costs at a later stage should it be appropriate to do so.
Customer: replied 7 months ago.
Sorry... !
Expert:  Ash replied 7 months ago.

Potentially yes and thats the correct wording. Alex

Customer: replied 7 months ago.
Thanks.
Expert:  Ash replied 7 months ago.

No problem

Customer: replied 7 months ago.
Hello Alex, sorry to bother you but I am a little stressed out from the reply I have just received from the other side.I thought from our discussion that the permission for appeal does not require the side to get involved and notify them of my N161. Also, I sent the order across to you regarding the contents.Am I in breach of the order?See email below.Dear Mr Hooker you were obliged under the terms of the Order of the Court to serve a witness statement explaining your failure to issue within the requisite time periods for leave to appeal out of time by the 4th August. No such evidence has been served. You have also failed to serve a copy of the notice of application which is returned presently on the 8th September. Please remedy these defaults by return with an explanation as to why you have failed to comply with the Court Orders which have been made.As to your attachment we have no intention of responding to any piecemeal production of documents at your request until we have been formerly served with all relevant papers and witness evidence, as you have been directed to do. In the event that we advise our client to file any evidence in response then we will do so at the appropriate time.I sent this reply and about to email the Court but thought I would check with you first.Dear XXX,As a LIP, I will seek further advice on your points. There has not been any deliberate attempt or intention not comply with the Order.I have followed the Order and it does not say that the appellants must serve the respondents on the 4th August 2016 witness statements. The appellants have complied with the Order and served the Court the witness statements.The Order says that the appellants shall serve the respondent the documents on which the appellant intends to rely, at least 14 working days before the hearing listed.Yours sincerely,David Hooker
Expert:  Ash replied 7 months ago.

Permission to appeal doesnt require them to have any input, but they should be served with the N161.

But if the Court order said that you filed and served evidence such as witness statement then it needs to be served on the other side too

Does that clarify? Alex

Customer: replied 7 months ago.
Okay will I get in trouble?He has asked me for an explanation and really worried what to say and how to reply... Sorry, I don't want to take the biscuit with you and happy to start a new question but what should I say...Apologies, I thought the persmission for appeal was only related to the appeallants... Not sure what to write... Can you help.? sorry
Customer: replied 7 months ago.
He also says. In the event that we advise our client to file any evidence in response then we will do so at the appropriate time.Is he referring to the permission or to the appeal? I thought they cant provide evidence for permission.?It's all a bit stressful
Expert:  Ash replied 7 months ago.

No, but do it now.

Permission is only Appellants. He wont file evidence for permission only the substantive appeal.

The permission as we have discussed, is nothing to do with them

Alex

Customer: replied 7 months ago.
what explanation do I give though... I will do it now but I dont know what to write...
Expert:  Ash replied 7 months ago.

You didnt realise. That's all you can say.

Customer: replied 7 months ago.
Okay I will say that and should I copy in the Court so they know in case he brings it up at the permission hearingsorry for this
Expert:  Ash replied 7 months ago.

No, just keep it. Alex

Customer: replied 7 months ago.
Alex i dont want to keep asking questions as I understand they cost additional money to respond, but I have two questions relating to the same matter and I am worried about them. Would £20 be okay to help me please.Here are the two questions.1. I sent the other side the 14 day letter which we talked about the other day inviting them to respond and for some reason they have replied with the below information...from solicitor this morning..."As to your attachment we have no intention of responding to any piecemeal production of documents at your request until we have been formerly served with all relevant papers and witness evidence"I think they are confusing the matter with the permission to appeal and appeal.. The 14 day letter is an invitation to comment about their witness statements which is a separate matter.... What could I reply with ?2) I will serve the N161 and witness statements today, however, the witness statements are linked to exhibits.... Should I send the exhibits today or follow the Court Order, the appellants serve the respondents the information they wish to reply, 14 days before the hearing... Send the exibits 2 weeks before... Just a little confused...Regards,Dave
Expert:  Ash replied 7 months ago.

1. Yes, I think they are.

2. Yes exhibits too

Does that clarify? Alex

Customer: replied 7 months ago.
How much to help me please as I am stuck and its stressing me out.It says on the order, the appellants to serve the respondents what they intend to rely on, 14 days before the trial. They say "documents".... Does that mean I serve the witness statments now and the doucments and what I meany by documents my "exhibits the evidence" 2 weeks before? It is not clear?How do I respond to the other side about the 14 days letter, can you help me draft something so they are not mixed up.
Customer: replied 7 months ago.
or a fee to speak to me please for 5 minutes.
Customer: replied 7 months ago.
Hello Alex, have you got 5 mins please as I am about to post the documents for 4.30 by post. Or when is a good time for you. sorry for the hassle but still confused what documents I am sending... It says witness statements on the order... not documents... documents are 2 weeks before...
Customer: replied 7 months ago.
dont worry, i think i am okay, i am sending everything.
Expert:  Ash replied 7 months ago.

Sorry I was in Court, yes you are sending everything. Alex

Customer: replied 7 months ago.
That's okay, sorry i got in a flap. I was in a panic at the time about the documents. I've sent them everything now including all the documents and invited them to see if they would like a hard copy. I apologised to the other side and dealt with it within a couple of hours of their email arrving about the failure. Hopefully, that wont go against me as I acted straight away. They've still got 28 days to prepare their subtantive appeal if permission is granted.Whats concerning me though is I sent the 14 day response letter inviting the other side to comment about their clients witness statements and the auditors certificates, but I've got a feeling that they think it's for the appeal and not relating to any CTP Application. I don't want to mislead them. Should I just leave it and see if they respond within the 14 days or should I email them to say "in addition to the appeal documents sent to you today, I would like a response to my letter within 14 days" Or is that wishy washy...
Customer: replied 7 months ago.
Hello Alex, can I set up a new question with you. Regards, DaveI've got an issue with the letter I inviting the other side 14 days, for some reason they think it's related to the appeal and have not really acknowledged the importance of the response time.Should I not worry about it or alert them of the importance of the matter?Also I didnt send the N161 application to the other side as you said the permission is only for the appellants, will I get in trouble for not sending the N161 to the respondents at the same time?Email from other side's SolicitorWe are in the process of dealing with the appeal now that we have been supplied with the relevant documentation. To the extent that we feel any need to respond to the substantive issues of evidence then we will do so in the manner and at the time that it is appropriate for us to do so.We will not be responding at all until we have had the opportunity to consider the information and where appropriate take our client’s instructions. Furthermore we will only be doing so in the context and to the limited extent that is necessary for the purposes of the application for permission to appeal out of time.In the meantime please invite Mr Hooker to confirm the date on which the appeal was filed. The information on the Court file suggests that the appeal notice was noted as being received by the Court on the 7th July. We have requested a copy of the signed form N161 from Mr Hooker and await receipt of the same.

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