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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my personal circumstances are i have no money and no property i

Resolved Question:

my personal circumstances are
i have no money and no property
i have a state pension and a smal monthly private pension of £150

i i am going to be involved in litigation

my question is what would happen if i lost and costs were awarded against me but i couldnt pay?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is ***** ***** 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 : What is the value of claim against you please?
Customer:

there isnt one yet and i hope there wont be as i feel i will win the case

Customer:

shall i explain my case

Customer:

if i explain the case you may be able to hazard a ball park gues

Alex Watts : All I would need is an idea of the value so I know what type of claim it would be, thanks. A very brief summary would also be useful.
Customer:

there is a piece of land with a restrictive covenant which i am a beneficiary,

Customer:

contiuning . a builder who owns the land wants to build 9 houses on it. if he gets planning permission i will get injunctive relief [what would court fees be for this any idea?] to hold him up. i will then defend the covenant in court. if i lose and costs were awarde to him against me what would happen if i couldnt pay? lets guess costs £100000 and another scenario £200000

Customer:

i am sure i would win because there is now a legal precedent that restrictive covenants have to be adhered to, the case of wimpy verses gloucester housing association at a land tribunal. Wimpy built 24 houses on a piece of land that they owned that had a 'no build' restrictive covenant on it. The tribunal found in favour of glocester housing association and wimpy had to bulldoze the houses [hehe! there is a god] Our covenant is a lot younger and states that "no building to be erected and the land is for the recreational use of the residents.

Alex Watts : Ok. If you went to court and lost then as you receive such a low income the court is likely to award £5 a week in costs
Alex Watts : It won't make you pay what you do not have,
Alex Watts : Can I clarify anything for you about this today please?
Customer:

get injunctive relief [what would court fees be for this any idea?]

Customer:

i will get injunctive relief [what would court fees be for this any idea?]

Alex Watts : An injunction is where you apply for it. The cost is a couple of hundred in court fees, but you may be entitled to fee remission.
Customer:

thanks

Ash and other Law Specialists are ready to help you