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would appreciate opinions



 
 
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  #1  
Old August 28th 08, 11:52 PM
digging the dirt digging the dirt is offline
Junior Member
 
First recorded activity at LegalBanter: Aug 2008
Posts: 5
Default would appreciate opinions

Good evening.
I would appreciate any opinions on this situation.
I am peripherally involved in an ongoing civil case (libel and defamation), but am neither the litigant or respondant.
The litigant recently sent an email to me which demanded that I provide a witness statement, and the email was phrased in such a way as to make it appear that this was by order of the court, which it patently wasn't. In short, the litigant is a person who has stalked and harassed me for some time, and I believe they are trying to call me as a witness purely to obtain personal information on me, which they have been trying to do for approximately a year.

The email demanded that I, amongst other things, disclosed my full name and present address, the registration number of my car, and the hospital where I underwent treatment last year (!)
It went on to make threats to exercise Norwich Pharmacal orders on several of my friends, and myself if such a witness statement was not provided within 10 days. The litigant claimed to have already obtained what she described as 'reveal' orders against the university I attended, and against my ISP. She hasn't, this was said purely to try to force me into handing over my details.

I intend to write to the judge who is hearing the case, which has yet to proceed to trial and complain about this approach, but it has also been suggested that what this person is trying to do amounts to witness intimidation, and that this might become a criminal matter.


Any thoughts ?
  #2  
Old August 29th 08, 07:46 AM posted to uk.legal
Richard Miller
external usenet poster
 
Posts: 8,011
Default would appreciate opinions

In message , digging the
dirt writes

I intend to write to the judge who is hearing the case, which has
yet

to proceed to trial and complain about this approach, but it has
also

been suggested that what this person is trying to do amounts to
witness

intimidation, and that this might become a criminal matter.


Any thoughts ?


If the litigant has claimed that the Court has ordered something and
this is not true, then it certainly should be brought to the attention
of the judge, and it may amount to an attempt to pervert the course of
justice. It may also amount to harassment contrary to the Protection
from Harassment Act, which is a crime in respect of which the police may
take action if you report it to them.

Unless there is such an order - and it would be highly unusual - you are
under no obligation to be a witness in a case. Even if you are required
to be a witness, you are only obliged to provide any evidence you have
that is directly relevant to the issues in the case. It is very hard to
see how the details you have identified could be relevant to a libel
action between two other people.
--
Richard Miller
  #3  
Old August 29th 08, 06:14 PM
digging the dirt digging the dirt is offline
Junior Member
 
First recorded activity at LegalBanter: Aug 2008
Posts: 5
Default

Quote:
Originally Posted by Richard Miller View Post
In message , digging the
dirt
writes

I intend to write to the judge who is hearing the case, which has
yet

to proceed to trial and complain about this approach, but it has
also

been suggested that what this person is trying to do amounts to
witness

intimidation, and that this might become a criminal matter.


Any thoughts ?


If the litigant has claimed that the Court has ordered something and
this is not true, then it certainly should be brought to the attention
of the judge, and it may amount to an attempt to pervert the course of
justice. It may also amount to harassment contrary to the Protection
from Harassment Act, which is a crime in respect of which the police may
take action if you report it to them.

Unless there is such an order - and it would be highly unusual - you are
under no obligation to be a witness in a case. Even if you are required
to be a witness, you are only obliged to provide any evidence you have
that is directly relevant to the issues in the case. It is very hard to
see how the details you have identified could be relevant to a libel
action between two other people.
--
Richard Miller
Richard, Thank you very much for your advice, which I found extremely helpful.

I have been in touch with the court where the case is listed, and am in the process of writing to the judge with copies of the email I received. Although the person does not actually state that the court has ordered me to provide a witness statement, it is very clearly inferred, and includes the words '' following a recent hearing in the case no ***********, you are requested to send a witness statement to .................'' and then gives the name and address of the judge, and asks for the statement to be sent to them. It is clearly intended to deceive.

The whole tone of the email is extremely threatening.
The information which is demanded relates not just to me, but to my friends, whom this woman is also threatening to contact. My friends have nothing whatsoever to do with her case, she is simply seeking to have them forced to reveal information about me.She does not have in her possession the orders she claims have been already granted, I have checked with the court, it is complete invention on her part. She has admitted to the respondent (apologies if that is not the correct term ) in the case that her primary reason for bringing the action against him was to try to compel me to appear as a witness, and thus have the court order me to provide my details.
( I perhaps ought to state for clarity that I have never met this woman, she was someone I briefly corresponded with online, who has spent the last year trying to discover where I am living, and other private information )

The police in my local area have been very helpful, it is not the first time I have had cause to complain about her behaviour, and the court have been very helpful.

I have one further question you may be able to help me with Richard, if you would be so kind - or anyone else for that matter.

Is it possible for the judge in this case to bring this to the attention of the authorities, if he feels a crime may have been committed, or would I need to make a complaint specifically about this to the police ?

Last edited by digging the dirt : August 29th 08 at 07:38 PM. Reason: correcting typo
  #4  
Old August 30th 08, 08:10 AM posted to uk.legal
Richard Miller
external usenet poster
 
Posts: 8,011
Default would appreciate opinions

In message , digging the
dirt writes

I have one further question you may be able to help me with Richard,
if

you would be so kind - or anyone else for that matter.

Is it
possible for the judge in this case to bring this to the

attention of
the authorities, if he feels a crime may have been

committed, or would
I need to make a complaint specifically about this

to the police ?

The judge can do this in certain circumstances, but it would be unusual,
and it would have to be crystal clear on the face of the papers in the
case. In your case, it does seem to depend on the knowledge that you,
the defendant and your friends have as well. You should assume that you
would need to make the complaint yourself.

You said that she has told the defendant that her only reason for
bringing the case against him was to put you in a position where you
were forced to disclose details. Did she say that in an e-mail? If so,
the defendant could bring an application for the case to be dismissed as
an abuse of process, and would have reasonable prospects of winning.
This could be a route to bring the case to an end very quickly.
--
Richard Miller
  #5  
Old August 30th 08, 10:16 PM
digging the dirt digging the dirt is offline
Junior Member
 
First recorded activity at LegalBanter: Aug 2008
Posts: 5
Default

Quote:
Originally Posted by Richard Miller View Post
In message , digging the
dirt
writes

I have one further question you may be able to help me with Richard,
if

you would be so kind - or anyone else for that matter.

Is it
possible for the judge in this case to bring this to the

attention of
the authorities, if he feels a crime may have been

committed, or would
I need to make a complaint specifically about this

to the police ?

The judge can do this in certain circumstances, but it would be unusual,
and it would have to be crystal clear on the face of the papers in the
case. In your case, it does seem to depend on the knowledge that you,
the defendant and your friends have as well. You should assume that you
would need to make the complaint yourself.

You said that she has told the defendant that her only reason for
bringing the case against him was to put you in a position where you
were forced to disclose details. Did she say that in an e-mail? If so,
the defendant could bring an application for the case to be dismissed as
an abuse of process, and would have reasonable prospects of winning.
This could be a route to bring the case to an end very quickly.
--
Richard Miller
Once again Richard, many thanks for your help.
Yes, the defendant has emails from the litigant making her position clear - in fact she offered to drop her case against him in return for him helping her find the information she seeks (!) When she then sent him private and work telephone numbers for my friend - together with what would appear to be a suggestion that he harasses this person with calls, he grew concerned.

I can't honestly see the case progressing once the judge is made aware of the communications from the litigant, but in any case, I do want to find some way of stopping her harassing me or my friends any further, without having to incur the expense of injunctions, so hopefully what we have may be sufficient to bring a case against her for harassment
 




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