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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Here is a question that we would like answered please. We

Customer Question

Here is a question that we would like answered please.
We are involved in litigation with another company and they have provided multiple witness statements which appear to be contradictory.
A critical material fact is in doubt because of the following;
1. The witness states (in a witness statement) that he has sold the assets of his company and that the details of the transaction are included in a draft contract (which is appended) to the witness statement. The draft is unsigned but he confirms that this was signed and executed shortly afterwards.
2. If the contract is executed in the same wording as the draft the company has to enter into an MVL (Members Voluntary Liquidation)
3. In later statements they contend that the company is still in existence
4. Both statements can’t be true
The two questions arising are;
1. Is the content of an unsigned contract which the person says he later signed deemed to be a statement of fact?
2. What are the implications in the litigation process if a material fact, which is fundamental to the arguments is put into doubt by the oppositions contradictory witness statements?
a. And what are the options for us to address this, I presume, Contempt of Court
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Courts very rarely find contempt, in any event at most it would be perjury

Alex Watts :

This is because one party is often lying when it goes to Court, otherwise people simply would not end there.

Alex Watts :

The Judge will consider the evidence and make findings

Alex Watts :

If it is contradictory it goes to credibility which undermines their case

Alex Watts :

But a Court unlikely to find that a person is lying

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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