Something That Requires Explanation Or Not/what ?

[notnutnut]

In the third month of last year I received a statement from our solicitors, signed by the claimant and dated as that month, that included photographic evidence (as corroborated by the expert witnesses) that clearly did not exist until the tenth month of that year!What should I do 'cause I have mentioned it in passing without any comment from our legal team and it seems the claimant wants to rely on this in court,but this is wrong surely ?

[Barmaid]

If it included photographic evidence, that evidence must have been in existence at that point (by definition, it couldn't include something that didn't exist). I am guessing it is a mistake with the date, in which case, the mistake will be pointed out to the Judge and accepted as such.

[FredPuli43]

He can rely on whatever he likes if the judge admits it. The remedy is to object successfully to its admission, but you have to be realistic. Judges know the law of evidence and will attach such weight as is appropriate to any evidence and will ignore any part which is not probative or admissible (which generally amounts to the same thing). We are not talking about juries or lay people who know little of such things and might be swayed by inadmissible or non-probative material.

[Peter Pedant]

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I think a judge may magic this all right to be honest.

If you got on 3 Mar a photo - then it existed on that date. And if the photo is dated 10 Mar then I think everyone is going to say, it is wrongly dated, and not: it didnt exist on 3 Mar.

I dont think his Lordship or whoever is the lucky one hearing your case is gonna go pale, judder his wig, and whisper just audibly: I am going to have to ring X Files ! (cue eerie music)

[woofgang]

if it is a camera dated photo then all that is needed it to set the camera up with the wrong date on it.

[factor-fiction]

What does your legal adviser think, notnutnut?

[notnutnut]

I'm not sure they have that facility factor 'cause it's definitely not on the list of topics they wanted to discuss and, seeing a possible potential for damage,said on the last two occasions when I'd be near a judge my intent to discuss it with him the last being the 'not allowed in the witness box to give evidence option' at CLCC as I said and my trip to RCJ to 'out' it there bu t couldn't find a judge before I had to return to CLCC to pick my ma up 'cause it was shutting,I'm sure I'll be able to catch one tomorrow !!!!