Strange.......... but true!
Hello to all
I will try to be brief.
I have lost an appeal for expenses in a civil case.
The strange twist to this is that I was pursued for a completely false and made up claim by a real life Conman and fraudster.
Over the last 2 years since my dealings with the pursuer, I have accumulated quite a bit of evidence of his wrong doings. I have paper evidence of mortgage frauds, insurance scams and people he has scammed and is currently scamming (the current person is a disabled 60yr old woman).
I am going to go to the Police with this evidence and hopefully they will be able to charge him with fraud of some sort.
My Solicitor for reasons I still do not understand (he says it was irrelevant to my case) did not submit this evidence to the court despite many requests from myself. If he did, the Pursuer would not have won his part of the case (as his credibility would have been shot) and more importantly the expenses award.
I won the majority of the case, he won a small part due to his perceived credibility and acting skills. (he had no corroborating evidence, obviously) I annoyed the Sheriff greatly by being so dismissive of the pursuer (wouldn't anyone being pursued by a false claim) and was awarded no expenses. While he was awarded approx £20k in expenses.
I have several questions to ask if I may;
1/ Was my Solicitor negligent? can he be claimed for my total losses?
2/ Do the Police have any powers to intervene with the courts judgment if they discover the pursuer is a fraudster and therefore was highly likely to have lied in court? my problem is that I do not have the funds to pay the pursuer.
3/ Can I make an appeal to hear the case again to a higher court and submit the evidence I have this time around, hopefully with a police report on the pursuer etc?
4/ I presume that if I appealed, the case would only be about the small part he won? or would it be about the whole case again?
5/ Can I make a claim against the pursuer for what he has put me through if I was successful in the above?
Many thanks, would appreciate any advice as I have limited time to consider an appeal and what my options are. Apologies for the vagueness.



Sheriff? Scots law? This
Sheriff? Scots law?
This site deals with the law of England and Wales - I am not sure if there are any Scottish lawyers here.
yes, scots law.
yes, scots law.
Hi Morven, I'm afraid that
Hi Morven,
I'm afraid that the forum only deals with English and Welsh law.
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
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