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JimLawyer
JimLawyer, Solicitor
Category: European Law
Satisfied Customers: 5960
Experience:  Senior Associate Solicitor
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CLAIM FORM CONTRADICTION: -- For Only --. Where a Claimant

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CLAIM FORM CONTRADICTION:-- For Jim Only --Hi Jim.Where a Claimant has contradicted information in his Claim, as proven later on in the Claim proceedings and it's the specific point on which the Defendant filed his defence, how might the Defendant challenge this with the Court?i.e. what might the Defendant argue
is there anything within CPR that the Defendant may rely on to support this challenge------------
For info:
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a landlord explicitly states in his Property Possession Claim Form, that he is NOT required to be licensed per a provision within the Housing Act 2004.In the same form he is asked, where an application for a license is outstanding with the local housing authority, to attach evidence of having made an application. He does not do this.On this basis, a defence was filed explaining that the property was required to be licensed.Thereafter, during the course of proceedings, the landlord has, apparently, provided proof of having made an application for such a license and in doing so, has contradicted himself and the information provided in the Claim Form, on which a defence was submitted.

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

Nothing in the CPR as such - the argument is the claimant is unreliable in their evidence given the contradiction - it would be addressed in your defence and your witness evidence. It would also come out at the hearing and the claimant can be discredited given the contradiction (the judge will be invited to make their own mind up given the contradiction and to ask themselves whether this claimant is a reliable witness or not).

I hope this helps - if you can please accept the answer and give me a 5 star rating (the top right of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Customer: replied 6 days ago.
Thanks Jim. Might I be able to conjecture that the claim form, which is signed as believed to be true, contains a false statement of truth?

Yes you can do and if the court agrees then it is a situation of contempt of court (which is very serious). The statement of truth is a promise to the court that the facts are believed to be true.

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Many thanks,

Jim

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