Harassment and small claims help

[Just234]

Thankyou for clarifying that for me.
will read over again and digest

[efpom]

For anyone interested, the ratio of Spi v Swiss Post is at 49 of the judgment.

https://www.bailii.org/ew/cases/EWCA/Civ/2019/7.pdf

[efpom]

Draft Defence attached

[Just234]

Amazing !!
thanks

[Just234]

I’ve been reading online about vexatious complainants and litigants.
Whilst this person has not previously gone down the civil route that I know of, he has, as the police confirmed in email,
made a number of vexatious complaints to various authorities along with writing threatening letters to various people in authority signing those letters off as me.
None of the accusations /threats to others he has thrown our way have come to anything despite investigation. This civil case is yet another spurious complaint and an extension of his campaign of harassment.
how and when can this side of the case come into play?

[efpom]

Answer to yr post#50 - in witness statements.

As you are now discovering, anybody can sue anybody for anything and are, usually entitled to their day in court. A trial date for this matter will be, at least, six months away.

More importantly, if you can prove post #50, you have a civil counterclaim for harassment. if you chose to to do that, you would have to pay a filing fee and a trial fee

There is a slim chance that the court might strike the claim out if in your defence, you refer to the police investigation - you might want to post up a redacted version of the police email you refer to.

[Just234]

Here are excerpts from the email

Obviously I have a limited capacity as to what I can disclose as this matter is being reviewed by the Crown Prosecution service.

However, As you are already aware following XXXXXXXXXXX several letters have been sent across the UK to various professional people making threats. The contents of the letters have purported the writer as being you.

I have used forensic experts and this led me to the arrest of XXXXX and so obviously I was duty bound to investigate the back ground history of you both.
there is no forensic evidence to suggest the letters were sent from you and my case centres around XXXXXXX I am not treating you as a suspect.

[efpom]

OK - that police email gives a strong indication that you are the victims of harassment and that the issue of the claim is one more example of that. That mean that the clvil court is being used as an instrument to harass you, which is certainly an abuse of process.

The problem is how to get that email before the court without compromising the police investigation.

That's tricky. You cannot refer to it in your defence - but you can in a witness statement.

One way of doing that, that occurs to me, is by writing to the Attorney General, explaining the problem, attaching an unredacted copy of the police email, and requesting that he advise the court where the claimant's claim is to be heard of the situation - it would then be the judge's decision whether to strike out the claim as an abuse of process

Another way may be by writing a confidential annex to your defence - not to be shown to the claimant, and submitting that to the court.

Others reading this thread might be able to provide input, but for now concentrate on getting your existing defence ready - remember both defendants must submit a defence.

[efpom]

Q? Were any of the letters referred to by "there is no forensic evidence to suggest the letters were sent from you" in the bundle of documents sent to you by the court?

[Just234]

#53 that is so good to hear
I was starting to think I’d never be believed it’s such a crazy situation.

#54 No
the bundle paints a very different picture of him being an innocent victim and a very vulnerable disabled adult which of course he’s not.

[efpom]

On balance, I think the way to go is by filing a Confidential Annex to your defence with the court only i.e. do not serve it on the Defendant. That does stay within the CPR rules See CPR 39.8(3)

https://www.justice.gov.uk/courts/pr...l/rules/part39

[Just234]

Thankyou
that’s perfect


Another thing
the request for the claimants address to be withheld as discussed #7
Can you now see the importance of what I was wanting in that the evidence he must have had to provide the court to be granted this order is completely false claiming to be a victim that needs protection when in fact he is the criminal hiding from his victims and the law.
I do believe the police know his whereabouts but cannot provide us with his address for gdpr but I want his address to serve injunction.

when and how can this be addressed?

[efpom]

Nah - you are wasting your money - if this gent contacts you, or comes near you, call the cops! If he is arrested and bailed, a condition of bail will likely be that he stays away from you. For all I know he is on bail now, with that condition. If he breaches his bail he will be unlikely to be re-bailed.

[Just234]

That process doesn’t work. It took 12 years for him to be charged with his first round of offences. He’s into his 3rd with us. I’d rather press on with an injunction at least then it gives me piece of mind

[islandgirl]

Is he on bail with a non contact condition? I deal with breaches and they are taken very very seriously ending up with people being held in prison...