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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Just before my case was due go to court, the other side's solicitor

Customer Question

Just before my case was due go to court, the other side's solicitor made a Caderbank offer and this was accepted by us. The monies were due to be paid within 5 days of signing a block transfer order. However, despite the block transfer order being signed (saving the other side going to Court) the monies have not been paid and the other parties solicitor is using all sorts of delay tactics. We're now two months on and still no signs of the money. What are my options?
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
I would have thought that the other side's solicitor is suppose to hold these the funds on our behalf but evidently he has not..
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you with this.
Was anything sealed by the court re the offer?
Customer: replied 11 months ago.
No it wasn't, it was all agreed before it went to court.
Expert:  Ash replied 11 months ago.
Were proceedings discontinued or stayed?
Customer: replied 11 months ago.
Proceedings were discontinued.
Expert:  Ash replied 11 months ago.
Was there a notice of discontinuance filed at court do You know?
Customer: replied 11 months ago.
Maybe I should explain little but more. The original application was on the basis of a contested application and the hearing was fixed for the 20 October 2015. However, on the 15 October, we agreed a Calderbank settlement and so we agreed to the transfer and the other side avoided the expense of a contested hearing. The block transfer was made on the 20 October, is it was a non contested application we were not asked to attend court. I was actually on holiday in any case. Thanks,
Tracey
Expert:  Ash replied 11 months ago.
Ok. You need to see if proceedings can be revived, if so then you can sue on this basis. Otherwise you will have to sue for breach of contract, ie the Calderbank offer. This is a contract and you can sue if it is broken. Ideally you want it in existing proceedings which is why you can see if they can be revived. Otherwise it's fresh claim.
Can I clarify anything for you about this today please?
Alex
Customer: replied 11 months ago.
Ok thanks. Is the other side's solicitor not at fault in anyway - I would have expected the monies to have been lodged with him before the 10 October? The Calderbank offer was only 50% of the monies I was owed. Can I now sue for the full amount? The original proceedings were in the Chancery Division. I it's a fresh claim for breach of contract then will it be in the County Court? The amount is £25K. Thanks, Tracey
Expert:  Ash replied 11 months ago.
It may not be the solicitor fault but then the other side could sue the solicitor.
If it's £25k yes it's still county court.
Does that help?
Alex
Customer: replied 11 months ago.
Thanks. I'm not sure why the other side would want to sue their own solicitor as so far he's saved them £25K. Given that the amount the other side actually owe is in the region of £70K, am I still entitled to go for the full amount given that they broke the terms of the settlement agreement? And if so, when I draft my application can I mention that £25K was agreed as a settlement?
Thanks.
Expert:  Ash replied 11 months ago.
Yes you are. You can mention the. £25k too because it's breach of contract.
Does that help?
Alex
Expert:  Ash replied 10 months ago.
If this answers your question could I invite you rate my answer before you leave today.
I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen.  Please do not forget!  Thank you.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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