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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6726
Experience:  Solicitor
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I am a litigant in person, and for an upcoming appearance I

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I am a litigant in person, and for an upcoming appearance I think that opposing council are intending to knowingly state a falsehood in their position statement. I have written to them to point out their inaccuracy. If they proceed with the false statement, do I have any come-back or sanction on this? Would it be considered libel?

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

What is it you want to achieve please?

Customer: replied 1 year ago.
I really just want to know my rights, and ideally want to know how to ensure that such a falsehood is not included in a position statement against me, and what I can do if they do include it... In*****position statements, the opposing council have included a paragraph that I underpaid maintenance causing my ex-wife's mortgage go into arrears. When in fact I pay her mortgage directly, by direct debit, it has never gone into arrears, and I have all statements to prove it! I think they are trying to paint a dim picture of me!
Should I just accept that they will include it, and include rebuttal evidence in my statement ?

If they include it, you cant stop that. But you can show the Judge any evidence that disproves it.

People lie or get confused all the time - otherwise things would not end up in Court.

But just show the Judge they have it wrong.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
to be clear, even if I write to the opposition with evidence, state they are wrong, and they still include it, they are not defaming, or libelling me, and I have no recourse ?

No, that is correct. Its for a Judge to make a determination.

It may be perjury but again for a Judge to decide on that

Does that clarify?

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks. I think that clarifies it to my satisfaction.