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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3670
Experience:  Solicitors 2 years plus PQE
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My English son (who lives and works in China is having a dispute

Resolved Question:

My English son (who lives and works in China is having a dispute in China over money from property with an american architect who may take him to court in china. Is there any way they can ask for restitution from my son's property in England
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
It is possible to enforce foreign judgments in UK courts however the process is very expensive and time consuming and can only be done once there is no right of appeal in the originating country.
While it may be possible to enforce a foreign judgment in the UK the process will take a long time and the other party would have to be certain that your son has assets here.
What is the value of the claim against him? Is it a contractual dispute?
Kind regards
AJ
Customer: replied 2 years ago.

the amount in dispute is £75 000 - My son had a quarter share in a house that was sold and the quarter share of house put into sons account

and then sale later cancelled for various contract disputes. My son has basically held onto his quarter share in house but the american architect has paid all the money back to buyer. Yes this architect knows william has a property in england.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
£75000 would be a High Court Claim and as I said he would only be able to enforce in the event that Judgment in China was final with no right or appeal.
Does your son take the view that he does not owe this money?
Kind regards
AJ
Customer: replied 2 years ago.

yes he sees it as being bought out of the partnership which has become impossible and wants nothing more to do with the house

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Does the other party acknowledge he is no longer part of the partnership?
If so then that surely is his defense that he was bought out?
Kind regards
AJ
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