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Specific performance of a Tomlin order

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  • Specific performance of a Tomlin order

    A hearing was held for specific performance whereby I requested that the defendant
    transfer a plot of land to me. At the hearing the defendant stated that both
    he and the late land owner had signed the TP1 and the documents had been sent
    to his solicitors. The date given for this has expiried and no documents have
    been recieved. I requested a further hearing but the defendant did not attend
    as he is in prison. The court sent me a general form of jusgement asking me
    to serve a statement specifically setting out the order of specific performance
    that I wish the court to roder. I must do this by the end of this month then
    there will be another hearing.
    I have already specified what I would like but the defendant did not comply
    with the undertaking he gave the court. I can only assume that he is unable
    or unwilling to transfer the land. What options are available to me ?
    I could ask for a cash settlement, however despite the fact that he and
    his wife have considerable assett they are all in the wife's name.
    Would it be possible to register an interest in the land so that it could
    not be sold.
    The defendant is in contempt of court, is there any action I could take
    due to that ?
    Tags: None

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