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Monies held in Court/advice

Monies held in Court/advice

Postby convoy2 » Fri Mar 17, 2017 7:02 pm

Hi, in a nut shell

We have a commercial lease, some rents were withheld over a dispute, we forfeited , the tenant applied and were successful in gaining a injunction order in the high court.
90 % of the monies were ordered to be re-paid with 10% held in court.
This now is many years ago and as the lease is near the end both parties look willing to "drop hands" on the action.

What is the protocol or where do I look for information in applying to discharge the injunction and apply for the monies.

Thanks
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Re: Monies held in Court/advice

Postby atticus » Fri Mar 17, 2017 7:13 pm

I would suggest an agreed application to the Court for an agreed order bring the Court action to an end and for payment out of the money held in Court.

The first step would therefore be to agree the wording of the order the parties will ask the Court to make.

As for advice ...
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Re: Monies held in Court/advice

Postby convoy2 » Wed Jun 28, 2017 4:18 pm

Thanks
we have agreed to do this.
I am struggling to find the present protocol as this was originally 2003 where papers were sent, but now lodging the application would be electronically.
Also how is the court interest rate calculated?
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Re: Monies held in Court/advice

Postby atticus » Wed Jun 28, 2017 4:57 pm

Pre action protocols can be found at http://www.justice.gov.uk/courts/proced ... l/protocol.

Links on the left of that page take you to the Civil Procedure Rules.
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Re: Monies held in Court/advice

Postby convoy2 » Wed Aug 02, 2017 4:20 pm

Thanks




I spoke to the court I was told to file a online application for the judge to make an order discharging the injunction and a separate application for directions regarding the court funds held but no one could tell me the fee nor if this applied to old paper file matters from 14 years ago.
Tried calling again to speak to someone else but now cannot get through !!

Any ideas?
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Re: Monies held in Court/advice

Postby atticus » Wed Aug 02, 2017 8:03 pm

There is a fees leaflet. This lists fees for applications.
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