October 27

Sanders Witherspoon LLP victory over Unreasonable and Aggressive Litigant in Person in Contempt of Court case

Disputes, Legal Case Studies, News

We are delighted to relay events in a recent hearing in Cardiff County Court.  Our client had been subject to various cases and Applications by the Claimant who is currently occupying our client’s property.

The Claimant made an Application to commit our client for Contempt of Court.  

The Claimant was representing himself which is known as a Litigant in Person. Unfortunately for him he had not read the paperwork properly and there was no Injunction in place to cover the period of time for most of the allegations.  

We made an Application to strike the case out.  

After we made this Application the Claimant made an Application for another Injunction and a fresh case of Contempt of Court.  

The Claimant’s case was struck out and the Circuit Judge also remarked that it should have never have been brought. 

The Judge was also highly critical of the Claimant litigant in person as to the way he conducted himself.  

The Claimant was ordered to pay our client’s costs on an indemnity basis when all his applications failed.  

The Claimant was ordered to pay our client’s cost in the sum of £36,000.  

It was evident that this litigant in person knew quite a lot about how the Courts work but not enough to prepare his case properly.  

Even if he had done so,  his case would have failed.  It shows the importance of having a properly prepared Defence, particularly when someone is trying to send you to prison for something you have not done.  

It also shows how difficult it can be to defend yourself against a litigant in person who is not bound by the normal professional rules of conduct of a Solicitor or Barrister.

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