Challenging a Statement of Truth

Apr 10, 2013

Challenging a Statement of Truth
Our client instructed us to defend an order for sale of their house, so we were acting for the defendant and the council was acting for the claimant.

We read the witness statement filed by a litigation executive acting on behalf of the claimant requesting an order for sale.

We warned them in writing by email that there are serious costs consequences of making such an incorrect statement, like for example: “there is therefore sufficient equity in the property to cover the claimant’s application and its costs”.

Despite our legal submission, the barrister appearing for the claimant was adamant that their statement was correct and accurate.

On the date of the hearing we pointed out to the District Judge that the statement made by the claimant that it is supported by a statement of truth is totally inaccurate and made similar submission to protect their client’s interest.

The District Judge at this point requested for the evidence to be presented to show the truth and accuracy of the statement made by the claimant, which was supported by a statement of truth.

The barrister acting on behalf of the claimant failed to adduce any evidence to support their contention.

The District Judge rewarded Messrs Legal Comfort Solicitors with 50% costs of the preparation and attendance at the hearing because of that incorrect witness statement filed by the claimant.

The District Judge also pointed to the claimant’s barrister that if this incorrect statement was not spotted by us and if the Defendant was not represented by a firm of solicitors most likely than not the claimant would have obtained a most favourable order for sale.

When the matter was relisted on another date for the final hearing, the Claimant and their solicitor did not attend the hearing so the District Judge dismissed their claim and awarded 100% costs of our attendance.

We always believe that “a truth is always reflected somewhere” all you need is a little bit support from Legal Comfort Solicitors to identify it.

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