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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11419
Experience:  30 years as a practising solicitor.
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My estranged wife gained an Ex Parte Residential order after

Customer Question

My estranged wife gained an Ex Parte Residential order after she abducted my 5 yrs daughter in 2010, for this she stated that my behavior was steered by a bipolar and an autistic disorder as a threat to my daughter. Subsequently she intercepted electronic correspondences from my professional bodies who were investigating my fitness to practice: Likewise she did with my bank and Mortgage provider for to freeze my asset and call for repossession, she could have made similar statement to the GMC as in Court. These correspondences contain opinions of medical examiners who as it often occurs to Dr who don't tow the party line get diagnosed with a mental health or a personality disorder, subsequently she concealed these docs. After she instigated an incident in Dec- 2012 and denied all child-contact, she brought as a packet the incident and these unlawful obtained correspondences into Court for to impose parens patriea and so supervised child-contact only: is this to be suet as defamation? and if so how to go about this? Thanks Bart
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Documents and statements used in court proceedings are exempt from the law of defamation so you can't sue for defamation.

The documents are what are called privileged because they are being used in the court.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

Dear JGM, it could be that my wife co-created these docs, as having access to to professional bodies outside my knowledge for to cause in Court a prejudice against me and an absolute dis-balance of bargain power, and she has used these docs to other third parties: Said privileged use by her solicitor against me party litigant isn't that an abuse of her professional knowledge

Expert:  JGM replied 4 years ago.
There is a diffence between creating a document which might be false and using a document in court proceedings. Th validity of the documents may have to be challenged if ther is doubt as to how the document came into being.

That is a matter to be dealt with in evidence, not in separate proceedings for defamation or the like.
Customer: replied 4 years ago.

Dear JGM,

I still need some help to get a focus how to get a remedy for me and my daughter; these unlawful obtained docs have caused that even after 8 month of being denied child-contact that i can only see her under supervision in a contact center (450 miles from home). N./B. neither the GMC nor I have these documents in the form as my wife has and my medical defense union is seeking to investigate this. So could a Motion for an indictment of delict be heard?

Expert:  JGM replied 4 years ago.
There is no such thing as a motion for indictment of delict in Scots law.

What you have to do is get a proof hearing in the case as soon as you can so that the judge can hear evidence and make an assessment of that evidence.

Customer: replied 4 years ago.

Thanks for putting me in a direction, now I have a list of indictments, mostly containing character declamations (probably common in family cases) yet a motion of indictment might not help me.So do I have to call it a Motion for a proof hearing?

Expert:  JGM replied 4 years ago.
Yes, a proof hearing is where the court will hear all the evidence and make a decision.