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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice.
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Can I sue a defendant for the losses of myself and insurer

Customer Question

Can I sue a defendant for the losses of myself and insurer on the proof of his lie under oath in a motoring incident.The judge gave an opinion for the defendant,his counterclaim
gave statements contrary to my claim,enhanced by his statements under oath.Unfortunately the judge did not see the significance of what he was claiming in relation to the photos of the damage to both vehicles.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.
What was the outcome of the trial?
Customer: replied 1 year ago.
As stated,the judge found for the defendant,therefore my insurer will pay for all his costs and his insurers costs,my premium
has since 2013 increased and there was an initial payment made to my insurer.
Expert:  Jo C. replied 1 year ago.
That isn't actually stated above.
Expert:  Jo C. replied 1 year ago.
However, if the Judge has found against you then that disposes of the matter I'm afraid. You cannot sue him in separate proceedings as the matter has been heard and resolved.
Expert:  Jo C. replied 1 year ago.
The only option would be to appeal the Judge's decision but then you would need to show mistake of fact or law or contrary to the weight of the evidence. Also, you would need to bear costs and act in time.Can I clarify anything for you?Jo