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Tolata claim using witness statements from a seperate acquited case

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  • Tolata claim using witness statements from a seperate acquited case

    Hi. I have been issued with a TOLATA claim ( to force buy me out of my share in the Joint Tenancy of our property based on the Deed of Trust), from my ex cohabiting partner. The case has gone to a Directions Hearing at the local Civil Court. The witness evidence used in that bundle from the claimant was only sent to me on the afternoon of the day before and contained witness reports from neighbors. Two of these referred to a report used to make a previous claim of Common Assault against me, for which I was acquitted at Magistrates. I am defending myself as a litigant in person. The case was refused Mediation due to these witness statements. And it was given Fast Tract status, to be heard later this year at a half day Trial.

    1. Does her solicitor have a duty of care to keep me informed of any discussions they may have had with the court over this case.
    2. Can those witness statements be used as evidence given that they come from a case that was acquitted.
    3. If not can I have the case stayed for a new directions hearing?
    4. Can any other statements that refer to that acquitted case be included or refused?

    Thanks in advance.

    D
    Tags: None

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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



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NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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