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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10623
Experience:  Barrister 17 years experience
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Can a Costs draftsman draft a bill of costs for a dissolved

Customer Question

Can a Costs draftsman draft a bill of costs for a dissolved Company which you told him had been struck off the Register 6 years ago? And then take £9,000 to set the bill down in the Taxing Office to be taxed?
Would he not ought to have advised you with his specialist knowledge that this wS a waste of your money?
He now wants paid £30,000 and has issued a Writ against you
Please advise
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
Customer:

1. Can you better explain the situation. Did you agree to hire the costs draftsman? Was the bill of costs in favour of the dissolved company? Were all parties aware the company was dissolved when the costs draftsman undertook the work? Was it an insolvent liquidation of the dissolved company? What was the £9,000 paid for? Why is the bill so large at £30k?

Buachaill and other Law Specialists are ready to help you
Customer: replied 2 years ago.

My Solicitor made it incumbent upon me to hire him as my agent to draw DETAILED BILLS for taxation FOR A COMPANY WHOM MY SOLICITOR AND HE knew had been dissolved and struck off the Register of Companies.

In fact, my Solicitor entered into the Contract with another Solicitor who said his client was "standing in the shoes of the dissolved Company" (his client was formerly the president of the dissolved company)

I can not understand how my Solicitor could enter into a contract with this other Solicitor.

Anyway my solicitor gave the money to the other solicitor when the contract between them said he was to hold it until i complied with 1,2,3, and 4. i have complied in full with 1,2,3 and 4 BUT neither of them will hand the money over. My solicitor gave it away to the solicitor who said he is standing in the shoes of and my solicitor refuses to demand the other solicitor gives me my money?

Can i ask a new Solicitor to issue for Specific Performance of their contract???????

Expert:  Buachaill replied 2 years ago.
2. There is something "dodgy" going on here! Essentially, you need to get youself a new solicitor to take up the file from your current solicitor who gave away the monies. Essentially, your own solicitor may have been negligent here. Secondly, you should get yourself a new solicitor and sue the solicitor who got the monies together with his client for specific performance of the agreement now that you have complied with the conditions placed on the transfer. Once you have paid over the monies, this is part performance of the agreement and you will get an order for specific performance. Don't delay in doing this as one of the barriers to relief on a specific performance action is laches or delay. So you should move quickly on the matter. Be aware that you may have to reach some agreement with your current solicitor who gave away the monies that he will give evidence on your behalf in return for not suing him,as he may be a vital witness for you.
3. Finally, if you were allegedly "standing in the shoes" of the defunct company, it would be necessary to put this dissolved company back on the register to take a conveyance of the property. This dissolved company has two very valuable rights. namely, an award of costs and the taking of a conveyance of property. So you really need to put this dissolved company back on the register to take the benefit of both these assets which the company is owed. In law, you cannot "stand in the shoes" of a dissolved company, as it is the Crown who owns the assets of a dissolved company. So the approach of your own solicitor here was incorrect.
Customer: replied 2 years ago.

how can i rate your advice as excellent again, Buachill?

Expert:  Buachaill replied 2 years ago.
4. Simply leave a bonus. Thanks again.