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So we had our preliminary hearing to see if the case was to be changed to a TOLATA case or if the defendant would drop that part of his counterclaim (as the judge said he would be very unlikely to win it), the defendant ended up saying he wouldnt persue it as a TOLATA case and wouldnt claim for that part of the case either (mortgage payments and a higher percentage of a 50% 50% split of the house).
The defendant also admitted damaging my belongings (my original claim) and we both ended up offering settlements each - i offered to drop the claim if he dropped his counterclaim as nothing in his counterclaim held any merit and i just wanted a clean split now our house is sold despite him owing me money which he refused and the Judge was shocked and irritated about, he countered with a settlement of him paying me nothing and me owing him the entire counterclaim which of course i refused as it wasnt even a compromise.
Due to other things happening between the preliminary hearing and now (completion of the house sale) the defendant has now lied to the neutral house sales solicitor telling them we are divorcing and our small claims is actually a court order for sale under TOLATA (it is not and we never married) as he thinks it is an alternative way to get the money. He is now going to go ahead and argue the part of the claim he said in the preliminary hearing he would drop and he thinks he will win because i wont argue it in my witness statement due to him saying he would drop it in the preliminary hearing.
Our preliminary hearing judge now wont be hearing us itll be someone else as she said when you make compromise offers in a preliminary hearing they cannot objectively mediate the case in another hearing having heard those offers.
Do i put this in the witness statement? would the judge dismiss that part of his claim due to the preliminary hearing? if i show the emails from the neutral house sales solicitor in court would that be classed as unreasonable behaviour on his part for using the case and lying about it to cause further harassment to myself?
The defendant also admitted damaging my belongings (my original claim) and we both ended up offering settlements each - i offered to drop the claim if he dropped his counterclaim as nothing in his counterclaim held any merit and i just wanted a clean split now our house is sold despite him owing me money which he refused and the Judge was shocked and irritated about, he countered with a settlement of him paying me nothing and me owing him the entire counterclaim which of course i refused as it wasnt even a compromise.
Due to other things happening between the preliminary hearing and now (completion of the house sale) the defendant has now lied to the neutral house sales solicitor telling them we are divorcing and our small claims is actually a court order for sale under TOLATA (it is not and we never married) as he thinks it is an alternative way to get the money. He is now going to go ahead and argue the part of the claim he said in the preliminary hearing he would drop and he thinks he will win because i wont argue it in my witness statement due to him saying he would drop it in the preliminary hearing.
Our preliminary hearing judge now wont be hearing us itll be someone else as she said when you make compromise offers in a preliminary hearing they cannot objectively mediate the case in another hearing having heard those offers.
Do i put this in the witness statement? would the judge dismiss that part of his claim due to the preliminary hearing? if i show the emails from the neutral house sales solicitor in court would that be classed as unreasonable behaviour on his part for using the case and lying about it to cause further harassment to myself?
