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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The claim is against the first defendant (person) and also

Resolved Question:

The claim is against the first defendant (person) and also will hopefully with the courts permission see the inclusion of a second defendant (Charity Ltd Company). First defendant set-up the second defendant. For the (Charity Ltd Company) there are 2 directors, firstly the first defendant and secondly another limited company. That other limited company directors being the first defendant and one other. Hopefully that makes sense. The first defendant is saying that if I claim against him (which I am doing) he has the full backing of the second defendant regarding support with costs as all that he was doing was simply acting as a conduit for the transfer of £13,500 from the donor to the charity Ltd Company. So if this is the case he will be utilising the funds that the claimant entrusted to him in order to contribute to his defence costs. Surely that can’t be right as it is these very funds that are the subject of the claim?

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : That is not a matter for you.
Alex Watts : This is a debt and the judge will decide whether it is the individual, the company or both who owe it
Alex Watts : Once that is established t
Alex Watts : Once that is established you can enforce it
Alex Watts : But until liability has been established you can't stop them using the funds
Alex Watts : Can I clarify anything?
Customer:

Understood, so he uses the funds entrusted by the claimant to him (the subject of the claim) to defend himself which will effectively run the balance sheet to zero and he then dissolve the company so that there is no recourse to the company should a judgement be made in the claimant's favour against the company.

Alex Watts : I would sue both.
Customer:

I have with your guidance re N244 hopefully added the company as a second defendant. I guess if the company had been set up including the claimant as a director ie with a vested interest in the charity company then it would be different, but the claimant

Customer:

Keep hitting return!!!... ignore above will start again

Customer:

I have with your guidance re N244 hopefully added the company as a second defendant . I guess if the company had been set up including the claimant as a director ie with a vested interest in the charity company then it would be different, but the claimant did not do this, also he has not set it up as a charity (yet) and so there are no trustees and so I guess he can do what he likes with the money as effectively it is his, which is exactly the point of my claim. Is there a way of freezing assets pending a hearing ... guess not but thought I would ask.

Alex Watts : a
Alex Watts : Sadly not, you need judgment first of all.
Alex Watts : I am sorry
Customer:

thanks

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