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General Form of Judgment or Order

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  • General Form of Judgment or Order

    Hello
    I am hoping someone can advise me, I have just received general form of judgment or order which states that the claimant must pay the defendants costs of the action.
    I am the defendant as I have been awarded costs, after some research I noticed that the claiment on their title deeds it states

    RESTRICTIONS: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

    This action by the claiment on their title deeds has been carried out approx half way through proceedings.
    So therefore would it be possible if someone could clarify what this actually means.
    Is this a deliberate attempt to hide or secure the assests and to make it look like he has no money.
    If so where does that leave me?

    Netfast
    Tags: None

  • #2
    Originally posted by netfast View Post
    Hello
    I am hoping someone can advise me, I have just received general form of judgment or order which states that the claimant must pay the defendants costs of the action.
    I am the defendant as I have been awarded costs, after some research I noticed that the claiment on their title deeds it states

    RESTRICTIONS: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

    This action by the claiment on their title deeds has been carried out approx half way through proceedings.
    So therefore would it be possible if someone could clarify what this actually means.
    Is this a deliberate attempt to hide or secure the assests and to make it look like he has no money.
    If so where does that leave me?

    Netfast
    Sorry i may have missed something here, but what has the title deeds got to do with a cost award? And more importantly have the costs been assessed so you have a figure that C has to pay or are the costs to be subject to assessment?
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Without going into to much detail, it is going to cost a lot for us to go after the costs. After spending out a substantial amount of money already overall.
      Therefore we were trying to ascertain as to whether it would be worth us applying for the costs.
      As mentioned already the claiment looks like he is off loading his assets? That is why I was not quite sure what the title deeds were implying.
      The costs are subject to assessment but is likely to be thousands.

      Comment


      • #4
        That restriction indicates that the property is owned by two people as tenants in common and that one of them alone cannot sell the property.

        Comment


        • #5
          Thank you Des8 for the information.

          Comment

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