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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9099
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am in England, and have a question about evidence. If the

Customer Question

I am in England, and have a question about evidence. If the other side do not provide original documents for inspection (only photocopies) as I know they are fabricated, but the judge believes they are real, how can I appeal against this, as the judge has put lots of weight to evidence which I know to be fabricated?
Submitted: 2 years ago.
Category: UK Law
Customer: replied 2 years ago.
I forgot to add, the judge made the final order and has made explicit references to these documents. So I am now looking to appeal, as the judgement has been obtained by fraud.
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about your case and the issues please?
Clare
Customer: replied 2 years ago.
Thank you for your reply. During the proceedings, the other side came up with a loan letter from my ex dad, who laid out terms of a loan. This was not signed by either of us, this letter was over 10 years old. However, I knew this was a post separation stunt, as my ex's sister is a family lawyer, and knew how to manipulate evidence. The other side provided a copy of the letter, and when I had repeated asked to see original, I was told it was sent to you, so you must have it, but even when asked for a copy of the letter, as they must have done this at some point, I was told this was now lost too. On the day of the final hearing, my ex dad brought in a photocopy of his personal hand written ledger, which stated payments made to him from my ex. I knew this was all fabricated, but the judge believed all of it. Several weeks later, after the draft judgement, which was totally against me, included I was liable for loan etc. I could not believe the judge believed everything he was told, and relied his evidence on documents that were never proven. After a number of weeks went by, I was then asked to pay costs for the other side. As I had no lawyer, I did submissions myself. As I looked carefully at the documents, I uncovered that my ex had amended historical bank statements to make and the hand written ledger was then matched up to this. The mistake they made was using internal account transfers, but stating they were paid. Please note during questionnaire process, judge has ordered original source and destination bank accounts, but these never were provided. I spelled this all out to the judge prior to sealing the order, but he ignored it. So now I am appealing. I know there is a Practice Direction which mentions original documents should be allowed for inspection, but if this was not allowed. Is there any case law on this, or do you have any other ideas of arguments I can use in my appeal against this?
Expert:  Clare replied 2 years ago.
Hi
What was the Order that was actually made - and what impact did this "loan" have?
Clare
Customer: replied 2 years ago.

The order made was to re-pay her dad the full amount of money, as it was joint, according to the judge. The judge used investment asset as means to pay this, which was a house I owned prior to marriage. My ex claimed to pay back 25% of the amount (with misrepresented transfers), which left another 75% to be taken from the house. The impact is considerable, as we both got money from our parents, but the money from her parents was considered a loan due to the factors I mentioned above. All in all, this represents over 30% of our total assets. With the reduction, and my ex keeping FMH, it has left me with very little. Therefore, I need to make sure I have the right legal arguments to state these documents were unproved, and statements were falsified to sway the judge.

Expert:  Clare replied 2 years ago.
Hi
How much is actually involved?
Clare
Customer: replied 2 years ago.

In the region of £100k.

Expert:  Clare replied 2 years ago.
Hi
Ok
For clarity can you confirm that the ledger that was produced at the hearing had not been disclosed to you prior to that date?
Clare
Customer: replied 2 years ago.

The other side emailed me 1 day before hearing with a scan of the ledger, to which I replied for them to bring the original on the day of the hearing. Original never materialised.

Expert:  Clare replied 2 years ago.
Hi
Did you also have the bank statements at that time?
Clare
Customer: replied 2 years ago.

Yes

Expert:  Clare replied 1 year ago.
Hi
Sorry - you still haven't told me the date when the Order was made?
Clare
Customer: replied 1 year ago.

order was sealed on the 2nd April.

Expert:  Clare replied 1 year ago.
Hi
Fine that is not too long ago.
So how did you not notice this immediately (sorry - that is not being rude - it is the first thing the court will ask)
Clare
Customer: replied 1 year ago.

Multiple reasons, the bank statements given to me had to be requested several times to the ex, including a request in the schedule of deficiencies. So I only got it a few weeks prior to the hearing. My barrister at the time tried to explain to the judge the statements were fabricated, but this was ignored by the judge. However, the cross check with the evidence provided on the day of the hearing was not done by me or my barrister. After the hearing I put all my bundles in the garage, it is only when I had to look again, when other side put costs against me, and I spotted it.

Expert:  Clare replied 1 year ago.
Hi
May I ask why you did not address this on the day when it was clearly so crucial?
Clare
Customer: replied 1 year ago.
In all honestly, the hearing was such a horrendous experience, and I certainly did not think the judge would apply any weight to a hand written note claiming money paid without a bank statement actually proving this. Plus at first glance, you would not question the evidence unless you looked hard, so the fraud was quite elaborately done.
Expert:  Clare replied 1 year ago.
Hi
For clarity.
The bank account show money being transferred but it did not actually happen - is that correct?
If so how where did that money go?
Clare
Customer: replied 1 year ago.
Just to explain, the money were internal bank transfers between account and it was difficult to spot this until I phoned the bank in question and asked them the difference between a Transfer and Payment according to there definitions. They clearly stated, and these definitions are on there website that a transfer is between your accounts held with us, and payments are to external accounts (via BACS or Faster Payments). The account the money went into was not disclosed, which I had asked about several times during the proceedings, and the reply over and over was that I have only one bank account. Her own evidence has proved that she has lied, and misled the court. So in summary, she chose to falsify existing bank statements from 7 years ago, and then got her dad to create a manual ledger of payments. The judge fell for this hook line and sinker :-(