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Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33896
Experience:  family solictor with 25 years experience
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1) CAn an Interpleader(Order 17 RCJ (NI) 1980 be issued on proceedings

Customer Question

1) CAn an Interpleader(Order 17 RCJ (NI) 1980 be issued on proceedings which have a Final Order issued on them? and if so,
2) Can this Interpleader be dealt with summarily, by way of Summary Judgment by a high court judge?
3) May the Interpleader only be issued if a party thinks 2 or more persons will issue proceedings against them on the fund they are holding?
4) in an Interpleader does the Judge have a discretion to divvy up the fund anyway he wishes in his judicial discretion
OR
if there is a contract in place clearly determining how the fund is to be divided up, does the Judge have to stick rigidly to the terms of the contract?
Submitted: 1 year ago.
Category: UK Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the nature of the case?
Clare
Customer: replied 1 year ago.
Breach of contract. A case settled 9 years ago and a contract almost simultaneously said property/money to be divided up pursuant to terms of a further contract.
Expert:  Clare replied 1 year ago.
Hi
Do you mean this is a matter settled 9 years ago?
Who wishes to interplead?
Clare
Customer: replied 1 year ago.
The people holding he property fund for me (as they say others may stake a claim on property/fund, which I am to receive in priority, and there is a shortfall)
Customer: replied 1 year ago.
Contract says I am to be paid in priority. There are insufficient funds. Insufficient funds were held back to pay all bills. Shortfall means not all parties will get paid as I am to be paid in priority to all others.
Customer: replied 1 year ago.
Parties holding fund to pay me in priority want to Interplead. They know there is a shortfall. They held back insufficient funds to pay everyone.
Customer: replied 1 year ago.
People seeking to Interplead tried to get me to go to mediation to mediate away in my opinion the shortfall and by-pass terms of contract to pay me in priority.
Customer: replied 1 year ago.
Yes. This is a matter which settled 9 years ago. There was a final Order made 9 years ago. The property/money was held. Then it became apparent there was a shortfall and all parties were not going to get paid. So the people issued the Interpleader (as due to the shortfall and a party to get paid in priority meaning others would not).
Customer: replied 1 year ago.
Can an Interpleader be raised on the writ that was the subject of a final Order 9 years ago?
Customer: replied 1 year ago.
The Writ was settled by a written settlement which was mentioned as settled in court and a Final Order was made.then an Interpleader was issued by Summons and Affidavit 9 years later on the original settled proceedings that a Final Order had been made on.
Customer: replied 1 year ago.
Please provide an answer
Customer: replied 1 year ago.
Awaiting an answer.
Customer: replied 1 year ago.
Have had no answer to my question?
Customer: replied 1 year ago.
Is this possible?
How was an Interpleader issued on proceedings that already had a Final Order made on them?
Customer: replied 1 year ago.
Is this correct procedure?
Customer: replied 1 year ago.
Is this procedurally correct?
Customer: replied 1 year ago.
Please provide an answer at your earliest convenience.
Expert:  Clare replied 1 year ago.
HI
My apologies for the delay - we are all working lawyers and obviously that can mean we are not always online.
For clarity was the priority order for payment decided by the Court?
Clare
Customer: replied 1 year ago.
The first Order was settled and mentioned in court. The case was not run, so was not decided by the court.
Then 9 years later after holding the preserved property/money for that length of time the persons holding it, issued an Interpleader as they had not held back enough monies to pay all parties.
Customer: replied 1 year ago.
Is this procedurally correct?
Can they do this?
If they did not hold back enough monies to discharge bills to all parties concerned?
1) were they negligent?
2) is this procedurally correct?
3)is this what an Interpleader is for? (Is it to absolve people in this situation who do not hold enough to satisfy bills?)
Customer: replied 1 year ago.
Who pays their bill if we have legal bills trying to get paid?
Who pays the other parties outstanding bills?
Who pays the other parties outstanding legal bills of them trying to get paid?
Customer: replied 1 year ago.
If we are to get paid in priority? and there is no funds to pay other parties, can they sue us because we got the fund? and not the persons holding the fund who held insufficient monies?
Customer: replied 1 year ago.
I would be grateful for an answer to my question this morning please.
Customer: replied 1 year ago.
Please answer my question as soon as possible.
Customer: replied 1 year ago.
I would ask for an answer to my question as soon as possible PLEASE.
Customer: replied 1 year ago.
I am patiently waiting for an answer to my question PLEASE.
Customer: replied 1 year ago.
PLEASE answer my question.
Expert:  Clare replied 1 year ago.
Hi
I am sorry - I was in court in London all day hence the delay.
I am still trying to understand what they have done.
There were court proceedings 9 years ago which were settled.
The Settlement involved funds which were held by someone else. Unfortunately insufficient funds were held back as a result of which those holding them are attempting to reopen the old case.
This appears to be what you are telling me.
It may be that if you put some flesh on the bones of the story it will make more sense as at present their actions seem rather strange
Clare
Customer: replied 1 year ago.
Yes. That's exactly what happened. The old case settled. They mentioned it as settled in court. That was 9 years ago. They entered into a further contract between them to hold the monies until bills were taxed. Now since taxation it has clarified that they held insufficient funds to discharge the outstanding bills in full. I am to be paid in priority to all other creditors. They issued an Interpleader on the old writ number. It was up before the judge who I gave their contract to and he noted that I was to be paid in priority. He said that he will deal with the matter summarily.
Customer: replied 1 year ago.
They are NOT attempting to reopen the OLD case. They used the old cases writ number as a launch pad for their Interpleader. They said 2 or more persons may sue them as there are insufficient funds to pay the 3 persons to be paid in their contract. But still the judge noted I am to be paid IN PRIORITY to everyone else. Please get back to me with an answer. Is this right what they are doing?
Customer: replied 1 year ago.
They tried to get me to mediate MY PRIORITY away but I refused. Why would I mediate when it says in their own contract that I am to be paid IN PRIORITY to everyone else.
Customer: replied 1 year ago.
I would be so very grateful for an answer.
Customer: replied 1 year ago.
I await an answer PLEASE
Customer: replied 1 year ago.
Clare, as I see you are online now please come back to me asap
Expert:  Clare replied 1 year ago.
Hi
I am afraid that I have to deal with the questions on my list in order - and every time you repost your question goes to the bottom of my list no matter how close I am to it.
Right
The case ended. There were costs involved which needed to be taxed and money was kept back for that purpose
YOUR costs came first
Is that correct?
Clare
Customer: replied 1 year ago.
Yes. I had a preserving lien on the costs. But they took the damages and held them until my costs were taxed. There is a considerable shortfall. I am to be paid in priority. There are insufficient funds to meet the costs of 2 others down the pecking order. They issued an Interpleader on the old settled case (9 years ago).
Expert:  Clare replied 1 year ago.
Hi
Right that is clear now - just to check who has applied - the people who hold the money or the people who wont get paid?
Clare
Customer: replied 1 year ago.
The people who hold it. I wanted to apply but kept being told by my own solicitor to wait for them to apply.
Customer: replied 1 year ago.
The people who hold the money issued the Interpleader as they said they were worried about people not getting paid as there are insufficient funds to pay everyone mentioned in their contract.
Also one of the persons holding the money says he wants paid (but in contract he is not mentioned) the other says he doesn't. I am to be paid IN PRIORITY under their contract to everyone.
Expert:  Clare replied 1 year ago.
Hi
What is the relationship of the people who hold the money to the people who owe it to you?
Clare
Customer: replied 1 year ago.
my solicitor (in the contract) (not charging) (has not come off record for me) and
the other a solicitor (would like to charge?but is not in the contract as being permitted to be paid) allegedly holding the money for the person who owes the money to me (but has no client as his client is a dissolved company) (and his alleged client (president of that company) now allegedly has not been in contact since 2012?
but I have another solicitor acting for me now
Customer: replied 1 year ago.
May I have an answer on this purely procedural issue please, if not, please let me know?
Expert:  Clare replied 1 year ago.
Hi
Whilst I can see the basis on which the application has been made (it is a way of forcing competing claims to be decided) I cannot see that it is justified in this instance since from what you have said there is already a clear priority for payment and the fact that there are insufficient funds is a matter of potential negligence not a matter of entitlement
Dealing with your specific questions in order
1. Yes such an application can be made in respect of monies held for a number of debtors
2. It can be dealt with Summarily if the matter is just a question of law
3. Correct
4. That is more difficult to answer - but based on what you have said there appear to be no argument for doing otherwise
Thank you for your patience - please ask if you need further details
Clare
Customer: replied 1 year ago.
Clare,
Can this apication be made using the old Writ No. For the claims which settled back in 2006?1) Procedurally can the old writ in 2006 (which had a Final Order) be used as a spring board for their Interpleader (even though the 2006 action has been finalised) ? Please would you be so kind as to answer that question?
I have been waiting 9 years to get paid now and have Taxed With Prejudice Orders to support my claim for payment.
Yes, because they have been negligent in not holding sufficient funds why is there an Interpleader?
Why did they not just hand me over the money IN PRIORITY as the contract says I am to be paid 3 years ago?
Customer: replied 1 year ago.
Clare,
Please answer question 1 asked right at the very beginning when I first made contact with you. The point I need clarified is that if the old writ which was settled and mentioned in court and a Final Order made on it, THEN can an Interpleader be made (sprung boarded off it) as the damages that were held were in connection with the old writ and therefore connected to it (therefore even if it has a Final Order on it, an Interpleader is issued to decide about the damages held).
But as my contract says I'm to be paid IN PRIORITY then why did they issue it?
I find this puzzling. Was it an attempt to avoid being sued for negligence?
I am grateful for your assistance.
Expert:  Clare replied 1 year ago.
Hi
My apologies.
Yes it is indeed correct to make the applictaion within the old proceedings - although this is essentially a separate matter.
However I would hope that the Judge will make short work of disposing of the application
Clare
Customer: replied 1 year ago.
Clare,
Thank you so much. One other question is should I be asking for my costs of the solicitor I have had to instruct due to their failure to pay out my money for 9 years in light of the crystal clear terms of their contract stating that I am to be paid IN PRIORITY to all other creditors. Should I also ask for damages for hurt over the last 9 years, emotional distress and loss of chance. I am so grateful for your assistance.
Expert:  Clare replied 1 year ago.
Hi
Yes you should ask for your legal costs - sadly the others are not claims you can make(although you will also I hope be making a formal complaint !)
Clare
Customer: replied 1 year ago.
Clare,
How would I be able to make those claims for hurt, emotional distress and loss of chance over the last 9 years against them?
Expert:  Clare replied 1 year ago.
Hi
I am sorry but it is unlikely that there is anyway that you can do so
Clare
Customer: replied 1 year ago.
Clare,
Thanks for returning to me. However, in light of the facts below please provide advice.
1. My new solicitor issued a writ against the 2 parties holding the money last year for the release of the monies and interest. (Is it not possible to amend the scope of that writ to include hurt, emotional distress and loss of income and loss of chance (as it's not statute barred)? (I am of the opinion I have been hurt and suffered loss of chance and have incurred legal fees trying to get the money released) and
2. The monies held were not held in the account pursuant to the terms of their contract (which specifically states how the monies were to be held and by whom) My bank confirmed there is a substantial loss of interest over 9 years which an accountant in co-operation with the bank may verify if requested to do so. May this be brought to the Judge's attention and may they be asked to account for that also? Is this professional negligence?
I would be grateful to hear back from you on these 2 points please.
I thank you for your kind co-operation.
Expert:  Clare replied 1 year ago.
Hi
I am sorry but there is no chance of your getting any compensation for your hurt and depression.
However there does appear to have been professional negligence and compensation for that is a good possibility
Clare
Customer: replied 1 year ago.
Hi
I can't understand how I can't be compensated for hurt and loss of chance in tort. It was foreseeable that I would be hurt as a result of their actions. Did my own solicitor not owe me a duty of care?
Customer: replied 1 year ago.
If they were professionally negligent should I not be compensated for the hurt and emotional distress suffered by me and loss of chance of having the monies over those years in my possession and not theirs in contract or tort (or both)?
Expert:  Clare replied 1 year ago.
Hi
You will be entitled to interest on the property but I am sorry but there is no basis on which your "hurt" will be taken account of .
You can try - but you would be throwing the costs away
Clare
Customer: replied 1 year ago.
Hi
Not even loss of chance? over all those years (when my business closed) as they would not release the monies? Due to their conduct?
Expert:  Clare replied 1 year ago.
HI
No I am sorry highly unlikely
Clare
Customer: replied 1 year ago.
Clare
I do not understand any of this. Compensation is given for loss of chance in a professional negligence claims
Expert:  Clare replied 1 year ago.
Hi
Yes but this is complicated by many other factors and is simply unlikely to be seen as reasonable - but if you want to give it a go and can risk the cost go for it!
Clare