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claim against the estate

Re: claim against the estate

Postby atticus » Tue Feb 09, 2016 10:16 am

What do you mean by "charge against the estate"? I have just spotted that. Don't you control the estate, as executor?
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Re: claim against the estate

Postby mr_c » Thu Feb 11, 2016 12:35 pm

No atticus, I was referring to his property which is outside the estate. Therefore, as he is owing me money as he lost his claim against the estate I have asked for a charge against his property to ensure that I am paid the costs (solicitors and barristers fees) that I was awarded by the court order.
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Re: claim against the estate

Postby mr_c » Mon Feb 29, 2016 11:38 am

Dear All,

Can I sue my solicitor for the judge awarding costs against me because he made a false statement (in fact) several and the Judge got annoyed and believe that the charge against the property was unjust based on my solicitors evidence. I was awarded to pay the costs of both parties for the hearing and this was based on my solicitors sworn statement and not mine.

Therefore, I believe he should be liable for the costs but he believes that it was an unfortunate decision and he is not liable. Which is complete nonsense.

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Re: claim against the estate

Postby atticus » Mon Feb 29, 2016 11:48 am

a few points:

1. You wanted the application for a charge to be made.

2. What facts were incorrectly stated? Were they based on information provided by you? Did you see/approve the statement?

3. What does your solicitor say? Have you had a debrief?
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Re: claim against the estate

Postby mr_c » Mon Feb 29, 2016 2:52 pm

1. You wanted the application for a charge to be made. - yes

2. What facts were incorrectly stated? Were they based on information provided by you? Did you see/approve the statement?

He stated incorrect facts regarding the sale of the property and this was based on his assumption following a conversation with the other parties solicitor. It was not based on anything I said. I did not see or approve the statement as I was only privy to it after it was submitted.

3. What does your solicitor say? Have you had a debrief?
He said that the Judge was being ridiculous and refuses to belief that it was his false statement that led to us being liable for the other parties costs. He is in denial and this is my concern. I have explained to him that it was thrown out for 'providing false statement' and failing to provide information requested by the Judge at the initial hearing which he was instructed to do. He said that it was not that but the barrister agrees that it why it was rejected and it was not as a result of my own as the judge had an issue with the false allegation made by my solicitor based on assumption and not facts, however, he presented it as a factual remark in his statement. e.g 'I was informed by the claimant's solicitor that the claimant was....' which was not the case at all!
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Re: claim against the estate

Postby atticus » Mon Feb 29, 2016 3:16 pm

what exactly was applied for?
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Re: claim against the estate

Postby mr_c » Mon Feb 29, 2016 3:25 pm

an freezing injunction to prevent him disposing of the proceed from the sale of his property.
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Re: claim against the estate

Postby atticus » Mon Feb 29, 2016 3:28 pm

That is not a charging order. Read the posts since 8 Feb.
atticus wrote:...Has your brother been asked to give a charge over his property?

Have you applied for a charging order?

These two courses may be cheaper than an injunction...


I am beginning to think you may be right about your solicitor.
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Re: claim against the estate

Postby mr_c » Mon Feb 29, 2016 3:42 pm

I know he is useless. I want him to be liable for the costs? Changed to freezing injunction as the property was about to exchange.
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Re: claim against the estate

Postby atticus » Mon Feb 29, 2016 3:49 pm

You might start with a complaint to the senior partner. You could suggest that he or she speaks to your barrister about what caused this outcome.
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