[Closed] representation without a statement of truth
You have said that the evidence was presented to the court and accepted - at the very least if it was false, then there was an attempt to mislead the court, regardless of any statement of truth.
Can the defendant be prosecuted for contempt of court for having tried to mislead the court? And if it cannot be prosecuted for contempt of court which other sanction can the court impose on him?
You have to concentrate on the evidence. You noted a clear flaw. It has been remedied. Move on.
The advantage of a solicitor is that he or she can be objective about the case. Look at the statements and evidence, and add it up. What exact points are required to be proved, and what evidence goes for and against each element.
There are times when parties lie. They are very many fewer times than parties think when the other side is lying.
If you begin to allege lying, the Court will treat the entire case differently, and you will need to be able to establish your serious allegation by clear proof. It adds cost, and if you fail, you can expect to bear those costs.
A court is perfectly able to see conflicts in evidence, and to assess the credibility of a party or a witness. That is part and parcel of a judge's job. He does not need assistance from you in pointing that out.
You say that the flaw has been remedied i.e. finally I know the truth about what happened.
Unfortunately, the story is not finished because I issued a second claim against the defendant based on what he said in his false statements of the first claim and now we know that this was incorrect and as a consequence I did not have anymore any good reason for having issued this second claim which has been struck and I ended with a cost order.
I would like to know what can I do and how can I use the fact I issued a second claim based on misleading information?
Why had you not already worked all this out before the time of the hearing?
Not thinking about your cases until after you have lost seems to be at the root of your problem. Courts do not like to give more than one bite of the cherry.
because I was not aware that the statements were false
But the inconsistencies with previous statements must have been apparent.
The new statement of the defendant of my second claim which shows that his statements of my first claim were false were given to me only during the hearing of my second claim and not before. Hence, it was impossible for me to point out to the judge these false statement during this hearing because I was not yet aware of them because they had not yet become apparent to me
The appropriate course would appear to be to appeal on the basis that the inconsistencies in the statements made to different courts on different occasions warrant closer examination.
However a CPr says that no new evidence could be consider during an appeal
I have suggested that you should argue that the evidence that was presented against you should not have been accepted without serious consideration due to inconsistencies with evidence that had previously been given. The question of new evidence does not arise.
For an appeal is too late
I would like to know if I can make an application to set aside the order to strike out my claim under CPR 3.3(4) and CPR 3.3(5)(a) about Court’s power to make an order of its own initiative which says
“(4) The court may make an order of its own initiative, without hearing the parties or giving them an opportunity to make representations.
(5) Where the court has made an order under paragraph (4) –
(a) a party affected by the order may apply to have it set aside<a href=" removed link ">(GL), varied or stayed<a href=" removed link ">(GL); an
I refer you to my other thread called
“Order to strike out on the own initiative of the court during a hearing itself”