yes its in the UK
Thereare two scenarios, he wins and you have to pay a huge amount of costs to him orhe wins and he has to pay a huge amount of costs to you?
Canyou pay his costs if he wins?
Aresolicitors dealing with this for you?
Solicitors are dealing with the Court case
The Land Tribunal I am dealing with myself in direct contact and answering questions etc. BUT again the question as the house is in the wrong position what will the Land tribunal rule in your opinion as I wish to use the additional argument to strengthen my case
I'mafraid that doesn't answer my question.
Therenow appear to be two things, a court case and the land tribunal.
I am dealing with the Land tribunal - For me - if the land tribunal rules the house is in the wrong position and cannot be "complete" then the builder cannot register the house !
so the question again - house in wrong position and conditions attached by me which were not done - I seek the find that the builder cannot register the property as complete
I ammissing something here.
Thequestion was about your costs and putting something in place to prevent thesale of his residential house to a third party. It wasn't anything to do withthe subject matter being in the wrong place.
Sorry I am really getting old !!
yes the court case will start in December this year - but as the builder lives out of the UK and I believe to be the only property he owns or the only tangible asset - how to protect the myself if he just vanishes - my costs are covered and I have assetts
Thankyou. I thought it was me for a minute!
Youcan ask the court for an order for security for costs if you think that thebuilder is carrying on with this litigation with no hope of winning and withoutthe ability to pay the costs if you win. Basically he would have to give you acharge against his house or some other kind of security.
Evenwithout that order, if the costs are such that he would be made bankrupt, andhe has already sold the house, you can ask the trustee in bankruptcy to set thetransfer aside and getting back from whoever bought it.
Youare unlikely to get an order freezing the asset that would last between now andDecember although you would get an order if you discovered that the house wason the market and would prove that he was not good for your legal costs in theUK in the event that you won, if the house was sold
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).