Fabricated evidence in Disclosure

[Messi10]

Really hoping I can get an answer to my question.

My trial is listed for 16th June 2016, however the defendant has fabricated evidence in his disclosure. He is claiming I wrote 2 letters of harassment to his family.

The defendant wanted to settle out of court which I accepted - he will be liable to pay my costs and damages. Once this was agreed I instructed a independent handwriting expert I gave him known text's and the questioned (the letters) to analyse. The independent expert report concludes it was the defendant who wrote the letters.

My Lawyer said he cannot submit the report in the disclosure as we have agreed to settle out of court.

Now that I have in the procedure of settling. Can anything be done as the defendant has fabricated evidence against me ?

[Amethyst]

Re: Fabricated evidence in Disclosure

Do you have a settlement agreement / consent order drawn up / signed regards settling the case? If the case is proceeding through disclosure then it seems the settlement isn't yet sewn up - and there's no reason why the expert report can't be included as part of that disclosure - actually it should be included anyway.If you have agreed to settle out of court then I'm not sure why you wanted to obtain the expert report - other than for your own peace of mind, unless you aren't happy with the settlement agreed ?

[Messi10]

Re: Fabricated evidence in Disclosure

Nothing has been signed as yet, we are awaiting for the monies to transferred. I got the report for my own peace of mind. I believe we do have a consent order drawn up & I now have have undertaking in place.

I presumed fabricating evidence is a major thing. Can I take it to the police for example?