Intentional post mix-up leads to favourable settlement agreement

David Watson

Litigation Executive

In a recent legal case undertaken by Litigation Executive David Watson, a judgment claim was purposefully sent to the defendant’s incorrect address, leading to a complex legal dispute. This act of deception added a layer of complexity to the case, as the defendant argued that their right to due process had been violated.

Judgment claims are vital because they serve as the basis for legal decisions and justice. Judges, juries, and legal professionals rely on judgment claims to assess evidence, determine culpability, and render fair and just verdicts. These claims provide a framework for resolving disputes, upholding the rule of law, and ensuring that individuals’ rights are protected within the legal system.

Watson Ramsbottom were originally instructed in relation to a judgement that had been obtained by the claimant in default.

An application for judgement to be set aside was immediately prepared and filed at the Court, however, a couple of days before the hearing David received evidence that showed that the claimant had intentionally sent the claim form to the wrong address, knowing that the defendant would not receive it. The claimant then changed the address with the Court meaning the judgement was issued to the defendant’s home address but they had never had the opportunity to defend the claim.

For all intents and purposes, it would appear to her that they had not received the claim form through the post. Under the Postal Act, providing the notice has been sent out to the correct address, it is deemed as being served and this was a clear and blatant attempt by the defendant to wrong-foot them.

We were able to have judgement set aside and following a series of intricate and complex negotiations between all involved parties, we were able to reach a mutually agreeable settlement agreement. This marked the culmination of the matter, bringing about a resolution that has left both parties satisfied with the outcome.

Upon receiving this favourable resolution, David received glowing feedback from his client, who expressed their satisfaction in a heartfelt card that read:

“Thanks for all of your help and support over the last year, it has been one of the most challenging times of my life”.

David’s extensive litigation expertise, garnered through years of experience representing businesses and firms on both a national and international level, proved instrumental in his triumphant representation of this valued client.

Having been asked to advise and implement astute skills in dispute resolution procedures in the past, David’s wealth of knowledge consistently enables him to advise his clients not only on the merits of their case, but also upon prospects of benefitting from any judgement awarded, as was the case here.

This case highlights the importance of ethical and lawful conduct in legal proceedings and brings questions to the fore regarding the consequences of intentionally misdirecting crucial legal documents.

Here’s What Litigation Executive David Watson Had To Say On The Case –

David Watson profile

David Watson

Litigation Executive

“When making a will, it is generally the rule that you can leave your assets and possessions to whomever you wish.  There are however exceptions to this, and we advise anyone making a will to give a detailed background to a solicitor who can provide advice on any existing obligations you have which would impact your options when making a will.
Our Private Client department can provide advice bespoke to your circumstances at the same time as preparing your will which can greatly diminish the chance of a successful challenge to your wishes. If you have been disappointed by the contents of a deceased’s will, you should seek immediate advice as these cases can be time sensitive. Our Litigation department can arrange a consultation to consider whether you have any legal redress to any issues following a death.”

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