Legal Brought to you by Company Formations 24/7
Dismiss Notice
Hey Guest, make sure to follow us on Twitter! Say hi and we'll be sure to follow back!

Lying on a civil court witness statement

Discussion in 'Legal' started by tinky, Mar 7, 2018.

  1. tinky

    tinky UKBF Newcomer Free Member

    3 0
    Just wanted some advice about an anti social behaviour injuction granted by a civil court by a housing association

    a housing officer has lied about someones mental health issues claiming they have no mental health besides mild depression and doesn't take medication
    They claimed court action was the last resort however the person was asking to move a month prior

    person produced the emails about the move and doctors letters dating from 9 months prior to the injuction about their health

    person has depression aniexty and post stress disorder

    Will the court do anything about the housing officer lying about this?
     
    Posted: Mar 7, 2018 By: tinky Member since: Mar 7, 2018
    #1
  2. smallclaimsassistance

    smallclaimsassistance UKBF Enthusiast Full Member - Verified Business

    726 184
    I don't know what the letters say, but nothing that you have written above suggests that there has been a lie.
    This
    is not inconsistent with this
    If the former has been presented as a formal medical diagnosis by a council medical expert, then yes, it is inconsistent, or at least arguably inaccurate, but still not (necessarily) a lie. If it has been presented by a housing officer (ie: not a medical expert), it is nothing more than a generic (and lay) description of symptoms, the intention of which is to convince the court that the diagnosis (whatever it is) should not stand in the way of an order.

    In summary however, what you have written above, without more information, does not constitute a lie.

    Are there details you have not included which suggest that they have lied?

    Dean

    PS: is this business related?
     
    Last edited: Mar 7, 2018
    Posted: Mar 7, 2018 By: smallclaimsassistance Member since: Jan 7, 2015
    #2
  3. tinky

    tinky UKBF Newcomer Free Member

    3 0
    the housing officer claimed the defendant had no mental health issues in her witness statement

    The defendant had sent 4 doctors letters including a solictors letter to the housing officer prior to the injunction therefore the housing officer was well aware the defendant had mental health issues and was taking pills for it

    The housing officer said court action was the last resort however 4 weeks prior to the injuction the defendant was asking to move from the property were the alleged anti social behaviour was taking place therefore an injuction wouldn't be necessary

    The defendant has sent the above evidenxe to the court to consider striking out the injuction
     
    Posted: Mar 7, 2018 By: tinky Member since: Mar 7, 2018
    #3
  4. smallclaimsassistance

    smallclaimsassistance UKBF Enthusiast Full Member - Verified Business

    726 184
    It's difficult to advise on cases without seeing the papers. If however it can be proven that the HO knew or should have known that the information provided in their witness statement, at the time of signing it, was incorrect (as opposed to them having been mistaken), then they can potentially be held in contempt of court.

    Even if only mistaken (as opposed to them being aware at the time of signing that the information was wrong) the order could be set aside.

    PS: re my last question. Is there a business angle to this?
     
    Posted: Mar 7, 2018 By: smallclaimsassistance Member since: Jan 7, 2015
    #4
  5. tinky

    tinky UKBF Newcomer Free Member

    3 0
    no there isn't I just heard about this forum
     
    Posted: Mar 7, 2018 By: tinky Member since: Mar 7, 2018
    #5
  6. ethical PR

    ethical PR UKBF Legend Free Member

    6,699 1,465
    I would suggest the defendant should speak to their local CAB . Some areas also have independent housing advice centres. They can also talk to Shelter.

    This is a business forum, so we are not best placed to advise.
     
    Posted: Mar 8, 2018 By: ethical PR Member since: Apr 19, 2009
    #6