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Unable to question evidence

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  • Unable to question evidence

    When the other party in a claim in the small claims court submits evidence which you believe is untrue or misrepresentative is it fair for a Judge not to allow you to question that evidence and as such let untruths stand uncontested and also then these used and referred to by the judge in his summing up and decision making order?
    Is there a process for challenging this unfair practice?
    Tags: None

  • #2
    CPR 32.19 is your answer. A little known rule that almost no one ever remembers or uses.

    https://www.justice.gov.uk/courts/pr...s/part32#32.19
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer relationship between you and me. Some of the content I post may include example wording, letters or other similar responses or templates but they are intended for informational and educational purposes only. Using some or all of my content may fail to meet your needs that is specific to your situation and I cannot be held responsible or liable in any way so you accept that you are using it at your own risk. It is recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database. Alternatively, you can contact your local Citizen's Advice Bureau for basic legal advice as well as various legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a legal advice clinic to members of the public.

    Comment


    • #3
      Originally posted by R0b View Post
      CPR 32.19 is your answer. A little known rule that almost no one ever remembers or uses.

      https://www.justice.gov.uk/courts/pr...s/part32#32.19
      Thanks Rob
      Would this be the case in a small claims court hearing?

      Comment


      • #4
        As the general rules of evidence don't apply to small claims, you would think not. However, one could argue for the purposes of challenging whether a document is authentic, that particular rule could apply for that specific purpose. Alternatively, the only other option I could see is to appeal on the grounds challenging the authenticity of the evidence, though generally when it comes to decisions made by judges as a matter of fact, superior courts very rarely get involved as the trial judge is usually in the best position to determine those facts.

        Thinking aloud, if you weren't happy about the authenticity of the documents, you could have raised it at the beginning of the hearing and requested an adjournment for expert witnesses or some other way of proving the authenticity. Ultimately, it is up to you to explain why the document is not authentic.

        If you raised the issue of authenticity and the judge dismissed it without a reasonable explanation, then you might have grounds for appeal. Usually, in the standard directions for small claims it does state that originals must be brought on the day and if that original was not brought then you could have an argument.

        I have to admit though I haven't seen or heard of anyone challenging the authenticity of a document on the small claims track so how that would be approached I am not so sure.

        For future reference, link below is a good article on challenging authenticity.

        http://disputeresolutionblog.practic...s-in-evidence/
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer relationship between you and me. Some of the content I post may include example wording, letters or other similar responses or templates but they are intended for informational and educational purposes only. Using some or all of my content may fail to meet your needs that is specific to your situation and I cannot be held responsible or liable in any way so you accept that you are using it at your own risk. It is recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database. Alternatively, you can contact your local Citizen's Advice Bureau for basic legal advice as well as various legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a legal advice clinic to members of the public.

        Comment

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