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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A defendant made a counter claim that he lost money due to

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A defendant made a counter claim that he lost money due to the the claimant not signing a permission to sell joint properties. The defendant did not sell the properties and has had a rental income for 6 years and the value of the properties has gone up by about 30%
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
What is it you would like to know about this please?
Customer: replied 1 year ago.

The defendant (my brother) will make two profits from his dishonest claim. He never had a buyer for the properties and his girlfriend was paying the mortgage on the properties and presumably renting them. I also have evidence that he has an undisclosed bank account that he used to transfer our late fathers state pension to for two years after his death..

What legal precedence or term is there for making two profits from the same occurrence. Also how will the court view his falsehood.

Expert:  Ash replied 1 year ago.
Ok, so he is going to double claim in effect?
Customer: replied 1 year ago.

yes

Expert:  Ash replied 1 year ago.
ok they can't do that. The purpose of proceedings is to put a person back in the position they would have been in should the breach not have occurred. A person can't profit from it.
Therefore you can't double claim.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Very clear explanation Thank you.

Can I go back to the court and have his claim struck out.

Expert:  Ash replied 1 year ago.
Yes you can.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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