How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

Brief Background - Land dispute My question relates to

Resolved Question:

Brief Background - Land dispute

My question relates to costs against me, as per a Court order. With appropriate advice this could have been prevented at a Cost Hearing, as I had proof of forgery and lies within the Courts, However, I was advised and directed down the Appeals route, which I stopped as far too high risk. I lacked funds for further legal help.

Therefore, now I have received Form N252 (Commencement of Bill of Costs) from the Claimant's solicitors, I responded within time claiming to contest costs in their entirety, because I had proved fraud and perjury, which was currently with the Police and the SRA.

This issue needs to be directed by the Courts to the police and SRA. The Claimant's Solicitor lied to the Courts, that I did not respond to the above Form, and they were therefore, approved a Default costs Certificate, because none of my paperwork was placed on the Court file, when presented to the Judge. This file also, omitted my correspondence, and the Courts correspondence to the claimants Solicitors, with regard to the 'Court order' within Form N252. This 'Court order' has been confirmed by the Courts as 'not materially the same, as the Court Order, approved by the Judge' This 'Court order' does not contain the Court Seal and adds an additional clause which has significant adverse implications, both to enhance costs against me, also, if this infiltrates the legal system and becomes authenticated with a final costs certificate, then it would prevent their client from potential prosecution, for considerable fraud prior to Court, and Fraud and Perjury within the Courts.

The Client's Solicitors were very late to provide me with Form N252 however, I decided not to commence this myself, as I hoped the Police &SRA would intervene.

This is a civil case, and police and SRA referrals have to be instigated by the Courts, and that is my main aim, coupled with contesting costs against me, in their entirety, providing, the Judge agrees to set the Default Costs Certificate aside in July Hearing.

I have research points of Law; Court Rules, and the Principals and conduct within the Solicitors handbook. The claimants solicitors include a costs within form N252 for a 'risk assessment'.

As I have considerable proof that this case against me, was won via fraudulent photographs and lies, and can conclusively prove that the claimants evidence is completely different within a second court action, when compared to the first Court action, within the small claims court - despite pertaining to exactly the same materials, exactly the same sequence of events, exactly the same time scales (Court transcriptions, witness statements and so on).

Note: The claimants Solicitors were not involved in the first court action and failed to read their client's witness statements from the first court action, had this been carried out they would have known, this case was a contrived fraudulent claim, from the onset, organized under insurance via a 'no win, no fee' contract.

Question 1) Can I contest costs against me in their entirety, as this failed 'risk assessment' negates the rest and proved fraud and lies within the Courts?

(I am trying to find a Precedent - the current Hulme case would appear to be relevant?)
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : At what stage is the police or SRA investigation please?
Customer:

The Police and SRA have held my file for over a year, both issues have gone to Appeals and IPCC. The Police view this as a civil matter, with regard to the claimant's fraud and so on, and have refused to refer to the he CPS. My file was vetted by a Prosecution lawyer, and although research and put together by me, it is very professional and every point is backed up with hard evidence. The SRA have my file, and presently will be monitoring the claimant's solicitors behavior.

Customer:

The police refuse to investigate this issue as a civil case. The SRA have been supportive and are holding my file, in case of future complaints about the claimant's solicitors.

Customer:

The police and the SRA are not carrying out any investigation, despite having had sight of my file, vetted by a prosecution lawyer. The police and SRA will only take action if this case is referred to them via the Courts. It is my intention to make application to the Courts this week, citing rule 44.11 misconduct, to disallow costs due to proved and total lack of continuity of evidence between two courts actions against me. I need advice on contesting the ENTIRETY of the costs, on these grounds coupled with the claimant's solicitors false 'court order', which has been confirmed by the courts as a fake. In short, I need the Police to investigate this case, fraud and perjury by the claimant, and fraud by their solicitor. Action fraud are slow, the the Solicitor concerned in not in the West Mercia area.

Alex Watts :

So any SRA and Police investigation has stopped and there will not be prosecutions?

Customer:

There will only be prosecution if the Courts refer. I need to contest the costs against me in their, entirety, under Rule 44.11 misconduct by the Claimant's solicitors who changed a 'Court order'. and proved fraud and perjury by the Claimant.

Customer:

I need a precedent for claimant's solicitors failed 'risk assessment' which negates the rest, and proved fraud and lies by the claimant. This is a contrived case, under insurance, via no win, no fee, contract, against me, an undefended defendant, I could not afford legal counsel and home insurance refused, even after Appeal, due to my honesty with regard to the start of the event date. I have to deal with this myself.

Alex Watts :

When was the Judgment made for costs please?

Customer:

12th February 2013. I did not receive any further correspondence from the claimant's solicitor until 8th January 2014, very late, and not within 3 months, i did not commence costs myself, as I hoped the Police would refer to CPS. I replied to form N252 commencement bill, within time, contesting the fact the enclosed 'court order' was not authentic, and issues, of their 'risk assessment'. They applied for Default costs Certificate, which I have Hearing 1st July 2014 to set aside.

Customer:

However, I wish to make application to the Courts under rule 44.11 before this, and need to contest costs in their entirety?.

Alex Watts :

Did you lose the substantive hearing please in terms of the main issue?

Customer:

Yes, I was found guilty of 'encroachment' onto the claimant's land, with my new fencing. This had to be installed as the claimant had completely destroyed the boundary line, with an intention to narrow my private drive. My private drive is shared with a total of three properties, including mine, the claimant does not have to use it. This private drive is in my ownership and the boundary destroyed was also in my ownership, almost 100 foot. The claimants wanted to claim 1m of a total of 4m width via adverse possession, i.e. hedge maintenance, most of which was prior to my ownership. The deception in Court was incredulous. The first action, small claims court, they claimed ownership of the disputed strip of land, and claimed not to need to apply for 'adverse possession' via the land registry. however they the argued adverse possession, despite stating that they would not, they also, claimed to have a 'Covenant' to access my land. The second action, complete change of story, they did not have a Covenant, and the land had always belonged to them.

Customer:

I may need to address issues of profound fraud in the future, however, I need to get on with my life, which is presently impossible, with the stress of massive disproportionate costs against me. It is my intention July Hearing to get default Costs Certificate set aside, and I don't think this will be a problem, as the i have studied Court Rules, and points of Law, and the opposition are not entitled to this Certificate. They clearly, do not want this to go to assessed costs, as my response to their Form N252, conclusively proved their client to be a fraudsters, liar and cheat, and this is proved. It is on these grounds, coupled with their Solicitors failure to address/vet their clients sufficiently, via their 'risk assessment' and the Solicitors changing the Court Order, to include a specific measurement of 'encroachment' by me, is a criminal offence. The authentic Court Order, only states that I have breach the first Court Order, and this does not state the overall width of my drive, and only relates to 'timber battens' which had been removed six months prior to the first Court Order. In short, both court actions against me, via Barristers have been a complete shambles, and it is only now when comparing the evidence between the two Court actions, that I can proved the manner that the Courts have been deceived. It is also symbolic that the motive, to narrow my drive, was to inhibit planning permission, for land locked development land not, in my or the claimants ownership, but which could access off my drive. By stealing this potential from me, this potential then would be passed exclusively to the claimants. The result of the second hearing, was that 'I breached the first Court order, but that my fencing did not have to be removed' . Compensation to the claimants £2,866, £866 of which was for their gardener, and the highest estimated written costs to me, was almost £33k. I was not concerned about the second hearing, as I knew this issues could not be proved via measurements, and that is why despite the claimant and witness written witness statements claimed 'precision' and measurements' however then changed their oral evidence under oath, to state that no measurements were taken, prior to my new fencing, and that the gardener/witness just went by what remained in place- timber battens. This was 'work' the claimant carried out prior to my fencing, which was extremely offensive, wooden upstands, and a trip hazzard which narrowed my drive to below 3 m. i therefore removed them and put fencing in the appropriate and fair place.

Customer:

It is clear that the motive of this case, was to not only destroy my fencing, to take land, but as per oral evidence, to re coup thier costs from the first action. The claimant's legal counsel failed to inform their client throughout, that those costs could not be recouped.

Customer:

Despite, the fact the highest written estimated costs against me equate to just over £33k and that I had no communications from the claimant's solicitors from 12/2/2013 Costs Hearing, until Form N252 on 8th January 2014, and no further 'work' from them the total costs amount to £83k. It is incredulous, as every effort to force the opposition to confirm the overall width of my drive, both prior to Court and during Court, at no time has this been confirmed. Only to state various measurements of 'encroachment' and then to change this, to state 'no measurements ' were taken, the gardener followed the materials which remained in place, with his up stands, and my new fencing did not following this. No materials whatsoever remained in place after the claimants destruction January 2010. The first court order was July 2010 and the second December 2012.

Alex Watts :

How far did you get down the appeal route please/

Customer:

I started this process only with the intention of getting permission to Appeal, because a local solicitor (Worcester) advised this would put me in a stronger position to negotiate costs against me. I had no intention of proceeding to the High courts because I lacked funds, and this was clearly going to be far greater costs than initially, quoted. There were problems with time scales, because the Hearing/Trial was 12th December 2012, and the 21 days to Appeal encroached into the Christmas break, I therefore organized extensions of time because of this. By the time the Solicitor found a boundary expert Barrister, (Birmingham) my funds on account were depleted, I believed these funds would cover a Barrister to advise on permission to Appeal and carry this out. Shortly, prior to the local Solicitor sending documents to this Barrister, I pulled out. I found that the process had not been made clear to me, and I could not fund a Barrister to access my case, apply to the High Courts, and then a Costs Hearing. There is no doubt, I would have won an Appeal, as the deception to deceive the Courts between two hearings was conclusively proved. This was still far too high risk, even if I had funds , because I Judge could still have decided that each bear their own costs, and my compensation paid back to me. Therefore, I made the decision to try to get Police referral to the CPS and many issues with the SRA, because as undefended defendant the claimants legal counsel took many liberties, with regard to court schedules, and the trial bundle was presented to me, with one days notice, and was largely illegible on low ink, to the extend the Judge could not read. The claimant's Barrister also told the Judge my Deeds had not been presented, which was wrong, and all my efforts to object proved massively against my Human Rights, under the Act 1998 Article 6, for a fair trial, basically, I was not allowed to object to anything, it was a farse. The main problem, I now conclude, it that this case - under a 'no win, no fee' Contract should have involved a very thorough 'risk assessment' and the Judge would have been influenced by this fact. The claimants legal counsel were a large national company, from Liverpool, and they, had to my knowledge had never made a site visits. The Judge refused my request for a site visit from him, which would have been fair, and this also went massively against me. Thereafter, I contacted a Prosecution Lawyer, for a fixed fee to vet my folder and evidence to the Police, which he did, and he provided me with advise i.e each page had to be signed by me, and if any aspect of this folder was untrue, I would be subject to prosecution myself. To date, the Police will not investigate, although I have involved Professional Standards and the IPCC, the SRA and their Appeal route.

Alex Watts :

Its bad news I am afraid.

Alex Watts :

Given there is a Court Judgment against you, you can NOT apply to set it aside

Alex Watts :

The Regulator and Police are not doing anything

Alex Watts :

All you can do at this stage is follow the appeal route.

Alex Watts :

However if the appeal has now been abandoned then unless it can be reinstated there is nothing you can do

Alex Watts :

If the costs were awarded then if it goes to a costs hearing a Judge is not going to be interested whether they lied, as you have a route of appeal

Alex Watts :

At the costs hearing a Judge is only going to be concerned with those costs

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

However, I also, appeal the Professional Standards decision, and this was supposed to be presented to an Independent Appeals Panel on 15th January 2014. I have requested transcription of this several times, and now have applied via the subject access route. We are aware that the claimant's grandson, is alleged to be in the local police, and we feel this family hold influence. I have Hearing 1st July to set Default Certificate aside, however, I am putting together another application to the Courts, under the Court Rule 44.11, as the claimants solicitors have sent me a false court order, already discussed, which would prevent their client from future prosecution. I need the Courts to report fraud and perjury to the Police as regulators.

Alex Watts :

Rule 44.11 only applies where there has been misconduct during the hearing.

Customer:

Your answer has come through before, I have finished, which courts would a private prosecution, against the claimants for fraud be sat, given this reached the Circuit Court?

Alex Watts :

This does NOT apply when it comes to costs after Judgement.

Alex Watts :

This means you HAVE to appeal

Alex Watts :

Rule 44.11 does not apply as you think

Alex Watts :

There is no finding against the Solicitors

Alex Watts :

The only way to get this is with an appeal

Alex Watts :

You could bring a claim for fraud

Alex Watts :

However this does not stop the costs being assessed.

Alex Watts :

This hearing would still go ahead

Customer:

I am contesting rule 44.11 against the Solicitor who took this proved contrived and fraudulent case on. The main issue of contention, i.e costs in their entirety July, is the Solicitors failed risk assessment, which is included within their bill.

Alex Watts :

But there isn't a finding of fraud yet.

Alex Watts :

The costs Judge wont be dealing with any fraud allegation

Alex Watts :

The risk assessment is a valid argument

Alex Watts :

But sadly fraud is not because there is no finding

Alex Watts :

For that you would need to appeal

Alex Watts :

The Court would need to make a finding that there was unreasonable behaviour

Alex Watts :

And it wont generally do this during a costs only hearing where no previous finding has been made

Alex Watts :

Your proper route is to appeal the decision originally if it was wrong

Customer:

I contest that this negates the rest as a contrived case, because the solicitors would have known their client was a fraudster

Customer:

at that prior to taking them on?

Alex Watts :

Yes, but this is a matter of appeal.

Alex Watts :

If you want a finding of fraud for unreasonable behaviour a costs hearing is not the venue for that

Customer:

I see your point, but what I don't understand is that the high profile case of Hulme (the Speaker) has had costs

Customer:

reduced due to lies by the other side.

Alex Watts :

Yes indeed.

Alex Watts :

All I am saying is this is the normal procedure how to do it

Alex Watts :

By all means you can argue the case at the costs hearing, but it really should have been dealt with at an appeal

Alex Watts :

You are quite right with the rule though

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I appreciate above, however, I cannot consider any Appeal, which is now out of time and I cannot take much more of this, it would take a very long time, now and I would have to get permission to appeal first. I need to know which Courts, would deal with a private prosecution against the claimant, and or, their witness for fraud.as this had reached the circuit counts. I have been consider this, it is easy now for me to proved every aspect the witness oral evidence was a lie, apart from not matching his written evidence in any way, this character only has to retract his evidence, and this would be over? Which Court would deal with a private prosecution, and if the witness retracted his evidence, subject to initiating a private prosecution against him, would this stop? (please note yesterday I was ill, apologies for delay, I am 57, I live alone, and since this case, I have suffered severe migrains/vertigo)

Alex Watts :

It would be the County Court

Alex Watts :

You issue in the County Court and it may be transferred to the High Court

Alex Watts :

Does that assist?

Customer:

I have considered this for a long time, and that a strong solicitor's letter to the Witness, may encourage him to retract, however, I have a wealth of evidence of unreasonable solicitor behavior against me to win this case, which I can back up.

Customer:

Your help is appreciated, and although mush is as I thought, it is still helpful. Thanks

Alex Watts : All the best with this.
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Alex Watts :

Please remember to leave feedback before you go today

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions