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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am in dispute with a Builder over a new house and I have

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I am in dispute with a Builder over a new house and I have taken him to Court due in December 2013. The builder now lives out of the Country [Taiwan] and the case costs are very considerable.
In the event I succeed –what precaution can I put in place now to prevent the sale of the house to a third party As I understand the only asset is the House and I would be seeking to get Court costs /damages etc.
Is his house/asset in the UK?
Customer: replied 3 years ago.

yes its in the UK









There
are two scenarios, he wins and you have to pay a huge amount of costs to him or
he wins and he has to pay a huge amount of costs to you?



Can
you pay his costs if he wins?



Are
solicitors dealing with this for you?



Customer: replied 3 years ago.

Solicitors are dealing with the Court case


 


BUT


 


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'm
afraid that doesn't answer my question.

There
now appear to be two things, a court case and the land tribunal.



Please
explain.



Customer: replied 3 years ago.

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 am
missing something here.

The
question was about your costs and putting something in place to prevent the
sale of his residential house to a third party. It wasn't anything to do with
the subject matter being in the wrong place.



Customer: replied 3 years ago.

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


 





Thank
you. I thought it was me for a minute!

You
can ask the court for an order for security for costs if you think that the
builder is carrying on with this litigation with no hope of winning and without
the ability to pay the costs if you win. Basically he would have to give you a
charge against his house or some other kind of security.



Even
without that order, if the costs are such that he would be made bankrupt, and
he has already sold the house, you can ask the trustee in bankruptcy to set the
transfer aside and getting back from whoever bought it.



You
are unlikely to get an order freezing the asset that would last between now and
December although you would get an order if you discovered that the house was
on the market and would prove that he was not good for your legal costs in the
UK in the event that you won, if the house was sold



More?



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