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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Claimant 1 who resided at another address lied to the court

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Claimant 1 who resided at another address lied to the court that he resides at a property owned by my late father. Claimant 2 resides abroad and is not a UK citizen but flew into the UK and after attempting to break the door down the police asked her to leave the premises. she and claimant 1 sued defendants 1 and 2. in mid july 2014 they got a interlocutory injunction despite presenting a forged document and claimant 2 claiming to be homeless. court gave specific dates to respond, and claimants were a day late responding to the deadline of the 1st week in august 2014, we the defendants responded as stipulated at the end of august 2014. the claimants after seeing the response sought a settlement. they did not reply to the court ordered response set as the 1st week in september 2014 as response to our end of august statement. we sent a counteroffer claimants to apologize forgery and perjury. the court was to set a date in october or november to hear the case, unknown to me my solicitor had not filed any defense with the court. My solicitor was relying on the agreements he made with the claimants solicitor regarding sharing of the property and that the claimants solicitor wanted only costs hearing.
suddenly a few day ago, the claimants solicitor knowing the costs hearing had been set 1st week in february 2015 decided to file default judgement against us the defendants based on our solicitor not filing a defense. My solicitor did not file a defense because he was basing all outcomes on the costs hearing.
my questions are
1. is it true that according to UK legal laws we cannot file a defense anymore, and even if the solicitor did it would not be accepted? there anyway the issue of fraud in the form of forgery and perjury could be aired before the judge or is that lost?
3. any suggestion as to how this situation can be remedied?
The claimants have submitted the injunction as evidence in the forgery case abroad, and despite forging the will boldly forged another document presented in the UK court, but if they can get a default will get away with it.
My solicitor plans to use this approach,
"Dear Emmanuel
I have now spoken with the Barrister and he has made the following points.
The barristers advice is that if we go to Court in the 1st week in February to argue
about the legal costs then the most likely outcome (of the three
previously set out) is that you will lose, and will have to pay at least
some portion of their legal costs.
He has advised that rather than deciding costs now we should argue that
costs cannot be decided until the outcome of the foreign Proceedings is
known. This is because whether or not they were justified in bringing
proceedings will depend on whether they were entitled to possession of
the property.
If the Courts abroad find that their entitlement to the property
only arose as a result of forging your fathers will, then by issuing
proceedings they were simply perpetuating the fraud they had already
committed abroad. Counsels advice is that a Judge would be unlikely
to grant them their costs in these circumstances."
Any suggestions that will help or could allow the forgery and perjury issues to be presented before the judge?
Or are the claimants going to get away with fraud?
What if any advice can you suggest?
I have asked my solicitor to get an expert witness to show that the document is a forgery. even if I had to pay their costs, I would have like to have the issue of their fraudulent actions ruled on by the court.
Or can I sue them after the costs hearing, since they have used the injunction ruling to slander me in the UK and abroad?
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : please let me know whether default judgment has been obtained, or simply sought?

the claimants solicitor just filed to get a default judgement at the hearing next week on court costs


my solicitor seemed to be surprised


my major concern is that the claimants despite committing fraud will get away with it

Alex Watts : 1. You need to apply to set aside judgment, then and only then can you file a defence.
Alex Watts : 2. yes, but you need to plead that particular issue before the court.
Alex Watts : 3. Yes you can apply to set aside judgment in default.

but has the time passed to file a defense or can i file to set aside the injunction

Alex Watts : Your solicitor when making the applicatiom will file a draft defence
Alex Watts : You can file to set aside

you say a judgement in default can be set aside?

Alex Watts : Yea
Alex Watts : yes
Alex Watts : you apply to set it aside

i just want to be clear that the injunction though given in july 2014 can be applied be set aside?


My aim at the present time is to bring up the issue of fraud

Alex Watts : Yes you can do that. If it was granted without a hearing. Otherwise you need to appeal.
Alex Watts : You set aside using form n244 and asking the court hearing
Alex Watts :

the default has not yet been granted a the hearing will be next week

Alex Watts : ok if the default has not been granted you can file a defence now. But you need to be quick

thank you

Alex Watts : Can I clarify anything else ?

no, thank you once again

Alex Watts : Great, if I could ask you to rate my answer before you go today, the button should be at the bottom of the screen
Alex Watts : If you need more help please click reply
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