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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have asked disclosure of land deed ownership of a project

Resolved Question:

I have asked for early disclosure of land deed ownership of a project that I lent money to build a villa. The defendants are saying that they don't have the documents and want to mediate before the CMC and standard disclosure. Will the master make the defendant produce the deeds? Also the solicitor marked the communication without prejudice half through the communication, and I said that I don't agree to this as this is a subject that I want to bring up at the cmc, Will I be allowed to?.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Just to be clear, they are saying they dont have it and its not within their control?
Alex

Customer: replied 1 year ago.
they are saying that they don't have it and it is not within their control
Customer: replied 1 year ago.
Will the court accept this answer as they got me to sign a contract with another company on their word that the bank had requested it and land had moved ownership
Expert:  Ash replied 1 year ago.

Do you think they do have it?

Customer: replied 1 year ago.
because the bank instructed them to move the asset leaving me with a contract with an empty shell company
Expert:  Ash replied 1 year ago.

Ok - then you can either make an application to Court for specific disclosure, or you can ask at the CMC for disclosure of it.

So yes you can ask for it.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
The defendants solicitor put the reply for the request stating not within their control as without prejudice.
I said that I didn't agree to the communication being this status as I wanted to show the judge his reply. Can I still show the judge this email at the CMC?
Expert:  Ash replied 1 year ago.

Yes, without prejudice is only for offers. So yes you can.

Can I clarify anything else? Alex

Customer: replied 1 year ago.
what does offers mean?
Expert:  Ash replied 1 year ago.

An offer in terms of settlement. That only applies to without prejudice communications.

Does that clarify? Alex

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