Contempt of Court?

[Enough]

Hi Everybody.

Please direct me to the right forum for my query below:

I've started a claim with the small claims court (first time and I'm not an expert). The defendant has returned the Directions Questionnaire with only 1 day remaining for the deadline.

On the questionnaire they have signed the Statement of Truth section and put 'Finance Director' where it asks for role within the company. However on companies house I can see that he actually resigned from the position of Finance Director 2 weeks before signing the document. The company are awful and in a nutshell it has got this far because they ignore every email, phone call and letter and will only reply to the courts at the last minute.

Does lying in the statement of truth constitute contempt of court? and if so could this a) have the case ruled in my favour? or b) invalidate the directions questionnaire meaning they have now failed to reply in time? If either of these things are true what should my next action be?


Any help would be much appreciated.


Thanks,


Em

[echat11]

Hi Enough

R0b Can you please take a look and advise, many thanks.

[Enough]

Hi R0b thanks for looking. Do you have any thoughts?

Em

[echat11]

Here is some info - Contempt of Court - https://www.civillitigationbrief.com...ment-of-truth/

[R0b]

Contempt of court is a separate issue to the dispute itself but I don't think the fact that the person signed themselves off as a finance director when they've been removed companies house means you should be entitled to win our case. How do you know the person who signed off the DQ is now only a director in title only? Companies House doesn't prove that.

Whether it invalidates the DQ I don't know without checking a good part of the CPR but from a quick glance, there are no consequences except when you fail to file it.

Personally I wouldn't bother as it is immaterial to the claim and you will be wasting your time as well as coming across as trying to take a cheap shot in an effort to win your case especially where they may have a legitimate defence on the face of it.

Your choice though since it's your case, but you can't complain if you get slapped with a costs order against you.

[efpom]

I cannot see a "statement of truth" on either the N180 or N181 - directions questionnaire(s). Are you, perhaps, referring to a filed defence?

[Enough]

Hi both, thanks for all of the information.

Sorry, to clarify I'm referring tot he defendants response (N9B I Think).

I don't know if they are just a Finance Director in title, and I'm not sure whether there is any legal obligation to declare all directors to companies house.

Essentially I think it backs up the the rest of the evidence in the case which shows that the company has very limited willingness to ensure accuracy of the information they give and are willing to lie to make their case sound more credible. Could a judge force them to prove that they are a director?

I also wondered whether mentioning contempt of court during the hearing would be too late and whether the judge would ask why I had not reported it immediately.

Thanks,

Em

[efpom]

you may wish to familiarise yourself with this - https://www.justice.gov.uk/courts/pr...rt22/pd_part22