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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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A deputy master dismissed our case. I live outside UK (EU).

Customer Question

A deputy master dismissed our case. I live outside UK (EU). I am appealing this decision and would like some advice regarding both form and the substance of the issues. The case was to import a foreign judgment to the UK, a fraudulent transfer claim (statutory), and unjust enrichment. I have very little time, so I you answer this, please be prepared to pursue it right now.
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

Can't wait. I have to verify EXACTLY what form and supporting documents have to be submitted, and where and how to serve them. Time is of the essence.

Expert:  Nicola-mod replied 2 years ago.
Hello,
How would you like to proceed? If we cannot find an Expert to answer in the required timeframe we offer a refund on request.
Thank you,
Nicola
Customer: replied 2 years ago.

This is not a German law question.

Expert:  Nicola-mod replied 2 years ago.
Hello,
I will move the category for you.
Thank you,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know what you would like to know?
Customer: replied 2 years ago.

We filed a civil claim in High Court Queen's Bench division with the following causes of action:

-Import executable Swiss money judgment to UK. This judgment is against a UK resident who is a convicted felon and fugitive hiding out in UK.

-Fraudulent transfer against family members of judgment debtor and UK business entity

- Unjust enrichment against the family members.

A deputy master dismissed our case based on an absurd pretext - that we did not provide a service address that complies with CPR 6.23. Strangely, this DM who dismissed the case was not even assigned to the case. A master was assigned to the case when we first filed it, and there is no indication how this case even ended up with this particular DM. In any case, we did provide the address of an EU lawyer (we live in Cyprus) as per CPR 6.23(2)(b), and we filed a notice of acting by that lawyer. The DM dismissed our case anyway without a hearing and with order for summary costs to be awarded. So we need to unwind this order and move on with our action. Specifically,

- Exact actions, including forms and all supporting documents to appeal or otherwise challenge the action

- Case law or statutory support for our position regarding the service address. We have done a lot of our own research and strongly believe that the DM's purported grounds for dismissing our case was incorrect.

Expert:  Ash replied 2 years ago.
Ok - have you lodged an appeal?
Customer: replied 2 years ago.

We did file an appeal to a high court judge, or at least begin the process by submitting an N161 form.

Expert:  Ash replied 2 years ago.
Ok - have you completed N161?
Customer: replied 2 years ago.

yes

Expert:  Ash replied 2 years ago.
Ok - so what are you asking of me?