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Thanks, the note is helpful although that judge was dealing with an injunction and simply made comments regarding a potential damages claim. So the claimant is now pursuing damages and can you remind me when the hearing is taking place? Is it this month?
I thought so, what would you like to know from the note which you uploaded to this question?.
Yes, I would not let that note muddy the waters and you should still proceed on the 4th in my view. You can't use that note at the hearing in any event as it is a privileged document between a solicitor and a client.
If you need any guidance about the hearing please let me know.
OK, so the claimant will be asked to state their case and you will have the opportunity to state your defence - the judge will ask questions from you both. I would try and resist the urge to tell the judge the claimant is a liar/fraudulent, etc - keep level headed and just keep it factual. You can invite the judge to make up their mind about the "credibility" of the claimant and her evidence - and that the claim is without merit and so forth. She may show herself up but the judge will not want to hear any bad language, bad-mouthing, mud-slinging, etc.
No problem at all. And if you address the judge as "Sir" or "Madam", be polite and keep everything factual. Say to the judge that you doubt the claimant's credibility for (list reasons why) and that you therefore invite the judge to strike out the claim.