Toby David - Surely my insurer should be dealing with this ?

[Toby David]

Re: being led a merry dance

I agree, It would be found to be vexatious, If the system worked, but I have yet to see any evidence of that.

[Toby David]

Contacting the Judge.

Hi, Has anybody an experience of either, writing or Emailing the Presiding Judge. We have attended a number of hearings, and each hearing as been presided by a different Judge. Obviously their time is limited, so I intend to contact the Judge before our next hearing, to draw his/her attention to a number of points. As I believe this inconsistency is prolonging this action. We are defending the claim. cheers

[nemesis45]

Re: Contacting the Judge.

Approaching a judge in regard to a sub judice case i.e, without informing the other party is not acceptable.

If you have doubts on procedure put them before the judge at the hearing.

[Toby David]

Re: Contacting the Judge.

We have been advised to do this by the court manager.

[nemesis45]

Re: Contacting the Judge.

We have been advised to do this by the court manager.

OK good luck!!

[Toby David]

Re: Contacting the Judge.

Hi, I know this is probably in totally the wrong place but cannot find the 'new thread' section .
I have recently received documentation that proves that the other party committed perjury in Crown court with regards to a case they are now pursuing against me. I was wondering if anybody had any idea how to pursue this, would it have to be done privately ?

[nemesis45]

Re: Contacting the Judge.

Perjury is Criminal Offence.

This should be reported to the court/judge who presided at the hearing
Write formally enclosing copies of documents in evidence of the alleged perjury.
It is not a private matter.
nem

[des8]

Re: Contacting the Judge.

Rather than reporting the perjury (which is always difficult to prove as you need to show mens rea as well as actus reus) could you not use the evidence in court to discredit the other sides evidence?
As details of the action are unknown to the forum this is obviously only a suggestion.

[nemesis45]

Re: Contacting the Judge.

I agree Des, we also do not know at what stage this litigation is, adjourned maybe??
Has the OP here already given evidence?

nem

[des8]

Re: Contacting the Judge.

send the letter (court claim papers?) unanswered to your insurers of the time, giving them their previous claim reference numbers etc.
Do not respond in any detail, although if you wish you could simply acknowledge receipt and advise you have passed papers to your insurers.
Keep your own copies of everything.

[Toby David]

Re: Contacting the Judge.

Many Thanks, When you say 'respond', do you mean to the court or the claimants solicitor. I understand there is a deadline of 14 days for responding to the claim (with regards to defending) or do i just let the insurer deal with it?

[Toby David]

Guidance hearing for 'strike out'.

I will shortly be attending a hearing, regarding my application to 'strike out' an individuals claim against me. I have done some home work, with regards the C.P.R. rules, but wondered if anyone had any advice as to the best approach to this matter. Do I attack the points of law, or the claimants complete lack of evidence, or the claimant poor conduct throughout the process or all these things. Thanks

[Toby David]

intimidating of a witness

Hi, I have proof that shortly after receiving an 'allocation questionnaire'which contained a list of my witnesses, the claimant proceeded to write a 5 page letter of complaint to one of the witnesses employers. I obviously consider this to be intimidation of a witness and despicable . Can anyone tell me if there is any official guideline regarding this behavior. Thanks

[des8]

Re: intimidating of a witness

In England and Wales, witness tampering by unlawful means, such as violence, bribery, threats or improper pressure, is known as Perverting the course of justice.
See here: http://www.cps.gov.uk/legal/p_to_r/p..._standard/#a18

Has your witness actually told you they feel intimidated?
Do you have a copy of this letter?
Does it ask the employer to put pressure on the witness?
Is the employer pressurising the witness?

[des8]

Re: Toby David - Surely my insurer should be dealing with this ?

Toby, how many court claims do you have pending against you?
There seem to be at least two!