ChatterBank4 mins ago
contempt of court
the claimant in a land reg tribunal hearing lied on his statement of truth saying I forged his signature on a document, he never provided any proof of this (as he obviously couln't). I am still waiting for the adjudicators decision as to whether the claimant has a beneficil interest in my property. In the meantime could I file a complaint for contempt of court. and if so hos would I go about doing this, thanks
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http://www.ahmlr.gov.uk/
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Switchboard:
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Ring them and ask about the correct procedure.
In the civil jurisdiction, you have to go quite a long way to be in contempt. IF the claimant was legally represented, he should not have made such allegations without sound evidence to back it up - that can be dealt with by way of adverse costs and a professional complaint.
What exactly did C say?
Did he say "that is not my signature" ergo leading to the inescapable conclusion that it was a forgery
or did he say "D forged my signature on x date at y place"?
Either way, the finding of the land tribunal will be paramount. IF the land tribunal finds for him, you are never going to get home on contempt. IF the land tribunal finds for you, their findings will be important. There is a world of difference between "I do not accept the evidence of C" and "C has fraudulently produced evidence as to blah blah". I would guess the more likely finding to be "I do not accept the evidence of C".
Personally though, I wouldn't bother. In the civil courts, contempt is dealt with by way of a High Court action. Its going to cost you a shed load of money for little outcome.
What exactly did C say?
Did he say "that is not my signature" ergo leading to the inescapable conclusion that it was a forgery
or did he say "D forged my signature on x date at y place"?
Either way, the finding of the land tribunal will be paramount. IF the land tribunal finds for him, you are never going to get home on contempt. IF the land tribunal finds for you, their findings will be important. There is a world of difference between "I do not accept the evidence of C" and "C has fraudulently produced evidence as to blah blah". I would guess the more likely finding to be "I do not accept the evidence of C".
Personally though, I wouldn't bother. In the civil courts, contempt is dealt with by way of a High Court action. Its going to cost you a shed load of money for little outcome.
thanks for your answers. C was legally represented and on both the statement of case and C's statement of truth it was stated that the signature was not his and that I had fraudulently signed the document. When C was in the witness box the swore under oath that the signature was not his and that i had done it, even his solicitor accused me of signing it when I was in the box, he tried to trick me by keep asking me about the signatre over and over again, he then said 'when do you think my client first saw this letter with his supposed signatrue on it, I replied- when he wrote it, his solicitor never asked me any further questions about it then. When the adjudicator asked C what steps he has taken to prove the signature , he went red and muttered none, the adjudicator then looked at his solicitor and then carried on with the hearing.
Solicitor should have known better. Without evidence, he should not have put forwards a positive case that you signed the document. He should have put forward a case on behalf of his client that his client did not. That is a world of difference. Even if his client did NOT sign the document, he had no evidence to suggest it was you who signed it - could theoretically have been anyone. Still do not think it is a contempt issue. It's definitely a costs issue. Are you represented?
thanks barmaid, i am represented but I have not had much feedback from my solicitor, either positive or negative, she did not attend the hearing as I had a barrister who apart from calling the C a d... h... after the hearing and said it went quite well, I have had no further response. I am now waiting the outcome and have chased the adjudicatiors office a few times but keep getting told we will have the decision as soon as. This has been going on since May. My solicitor has chased it a few times but each time she chases it costs me.
You won't get any further feedback now. Best just to sit and wait. Chasing the adjudicator will not help - he will have to remind himself of all the evidence and right a reasoned judgement. (In one famous House of Lords case it took their Lordships 11 months to hand their judgement down - I am not however suggesting it will take anywhere near that long).
Given that you were represented, your barrister will have dealt the Claims made by the Claimant. I would suggest that you either take further advice from your solicitors (since they have the FULL facts rather than the snapshot we can only ever get on here) on contempt or just sit and wait.
Sorry, but the machinery that is our justice system is often a little slow and unwieldy.
Given that you were represented, your barrister will have dealt the Claims made by the Claimant. I would suggest that you either take further advice from your solicitors (since they have the FULL facts rather than the snapshot we can only ever get on here) on contempt or just sit and wait.
Sorry, but the machinery that is our justice system is often a little slow and unwieldy.
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