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How the Court decides (LIPs should read)

How the Court decides (LIPs should read)

Postby atticus » Thu Dec 08, 2016 10:26 am

This is a short but very useful blog post by Gordon Exall, a very experienced barrister. It explains in simple terms how a court decides a civil case.

https://civillitigationbrief.wordpress. ... -a-primer/
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Re: How the Court decides (LIPs should read)

Postby miner » Thu Dec 08, 2016 3:17 pm

[quote][/quote]Instead it is the most likely view of what happened, based on the material that the parties have chosen to put before the court,

It all sounds so nice and dandy, but the latter was not my experience. The decision was based on a LACK of material the other side chose to put before the Court, including "evidence" which had been knowingly and deliberately falsified by the other side's solicitor and his clients, and the Court's ignoring the concrete, written, incontrovertible proof of the date of a key event contained in the material I put before the Court.

The consequence was that 3 years after the verdict the Court had to admit that the Judge had got it wrong.
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Re: How the Court decides (LIPs should read)

Postby atticus » Thu Dec 08, 2016 3:51 pm

I am sorry if Mr Exall's blog is too late to assist you. It may nevertheless be helpful to those representing themselves who find these pages.

You appear to confirm that the court decided your case in exactly the manner described. However you have issues with the evidence that was before the court.

Other LIPs reading this should note that if they believe evidence is being withheld they may seek disclosure orders. If they doubt the authenticity of evidence, then they should challenge it.
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Re: How the Court decides (LIPs should read)

Postby dls » Fri Dec 09, 2016 7:13 am

Correct
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