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Dusty

Legal advice
« on: April 17, 2005, 02:47:34 pm »
Hi chaps,

Here is the scenario…

I am in court, and submit my contract as evidence, as there is a clause that strongly supports my claim.

The defendant then lies to the court and says that I have altered the contract…but he has overlooked one thing in his haste to wriggle out of paying me…

He has sent me a copy of our contract by email with the contract attached as an attachment in word a file the day before signing 2 yrs ago,  which does contain the clause I refer to in my claim against him.

I have put the email address he used into Nominet .uk registry and it comes back to his company and there registered address.

It is saved in my hotmail account on-line not in outlook.

This basty’s co is (example name only) smiff.co.uk the email is from
 Jack @ smiff.co.uk and his real name is jack smiff

Is this sufficient to prove that he did send me this email and I could not have altered it.?

Has anyone been involved in an email evidence case…all help and advice truly helpful.

Thanks





Dusty

Re: Legal advice
« Reply #1 on: April 17, 2005, 07:48:33 pm »
I'v found the answer. I'd been punching all sorts into google for the last four days and come up with nothing, but "computer forensics" did the trick.

This link may be worth a read if you are in business and rely on email as evidence in court.

http://www.datasec.co.uk/whitepapers/2003_08_01_V1.html

Sunshine

  • Posts: 74
Re: Legal advice
« Reply #2 on: April 17, 2005, 08:14:29 pm »
Hi

Sorrry to hear that you have this grief.

Give the NHHTCU (Hational Hi tech Crime Unit) a ring. They are in London and on the web. Tell them what you are looking for. They will definatley be able to point you in the right direction.

Goos luck.

Sunshine


CMS

Re: Legal advice
« Reply #3 on: April 17, 2005, 10:10:11 pm »
I'm no expert but I assume that you're talking about a County Court in a civil case NOT a Magistrates Court in a criminal case.

Each of these courts has different criteria for the submission of evidence................I DO know that much.

I would imagine that in a Civil case you would just need to satisfy the Judge and it would be enough to satisfy me!

Have you let the defendant know that you can offer this 'email proof'? It may be enough to make him drop any defence to your claim.

Good luck.

Dusty

Re: Legal advice
« Reply #4 on: April 17, 2005, 10:22:38 pm »
Yes it is a civil case,

I have just noticed that he has used this exact same email address on his court claim form, so at least I havn't got to prove the validity of the address.