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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26003
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a County Court judgement (with damages to be

Resolved Question:

Hi,
I have a County Court judgement (with damages to be assessed) against some former trustees of a Settlement I need to know the wording to register UN1 an interest in their respective properties to stop them selling or mortgaging the property without my notice
Submitted: 13 days ago.
Category: Law
Expert:  Jamie-Law replied 13 days ago.

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

Have you applied for a charging order yet?

Customer: replied 13 days ago.
No I can't get an interim charging order I am told, unless the amount is liquidated. Damages are due to be assessed by the Chancery Division of the High Court in December
Expert:  Jamie-Law replied 13 days ago.

Ah. Sadly this is an area I cant help with so I will opt out for others.

Expert:  Joshua replied 13 days ago.

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

My colleague has opted out of this question. May I assist you with the same? It is possible to apply for a unilateral notice in these circumstances dependent on what they order provides for. Are you able to confirm what they judgement orders precisely? If you prefer to email this to me please let me know.

Customer: replied 13 days ago.
Hi Joshua,
This is a complex action basically I am the litigation friend for my brother, who is defending possession proceedings and the Bank appionted receivers who subsequently sold the land. The land was part of a family settlement and the Trustees were de facto trustees (not properly appointed) Mortgaged the property and never accounted to the trust for the funds received. I issued a Part 20 claim against them and Judgement was issued by a Circuit Judge on the 20th July on all three of the Part 20 defendants i.e the trustees. Damages will be assessed after a hearing from Summary Judgement against my brother in December which will cystalise his actual loss. So I wanted to register a UN1 or RX 1 to stop the Trustees from selling or Mortgaging their property so that when judgement is assessed to can proceed to issue an application for an Interim Charging Order
Expert:  Joshua replied 13 days ago.

Thank you for the succinct summary of what I can see is an involved action. From what you say I assume the order is as against the trustees personally for breach of trust with damages to be deferred until after your brothers hearing?

Customer: replied 13 days ago.
the trustees are personally liable. Damages cannot be assessed until the Court decide if he doesn't have any beneficial interest. I am arguing Proprietary estoppel (a promise made by my mother that he would have the property) in the alternative that he is the beneficiary under the terms of the Settlement and as the Trustees weren't properly appointed they could not over reach his interest as they failed to comply with S27(2) Law of Property Act
Expert:  Joshua replied 13 days ago.

Thank you. As you know you can make the application using form UN1 and state in panel 11 that you have the benefit of a judgment dated [date] handed down by the {Name} Court with damages to be deferred to [date] and you claim an interest in the assets of the judgment debtor named [name(s)]. The judgment debtor is a legal owner(s) of the Property and as such you claim an interest in the Property pending under the judgment. Further court proceedings are pending in order to determine the amount of liquidated damages and a further application for security against the Property will be made following further judgment against [names].

You will ned to enclose a copy of the order with the UN1 form together with a fee.

You will be aware that UNs are relatively fragile in that the registered proprietory can apply for their removal and it is then for the registrar to consider whether he is satisfied you have disclosed sufficient interest in the property to justify the UN's entry.

You may in the meantime if you consider the trustees may attempt to dispose of assets to prevent a claim against them, consider applying for a freezing order using form N244 in respect of the property pending final judgment for damges when you can consider all the usual forms of enforcement including a final charging order.

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer: replied 13 days ago.
Joshua, I did make an application to the Land Registry and put the following words in Panel 11 "The applicant is interested in the property described in Panel 3 as: the beneficiary of a Court Order dated the 15th August 2017 entering Judgement against Shaun Chambers (Trustee) for damages to be assessed by the Court." The Land Registry came back and siad "Your application received on 21st August 2017 is returned as the statement does not clearlytshow that the Beneficiary has an interest in the registered estate or charge as required by s 32(1) of the LRA 2002. So can I use your proposed wording?
Expert:  Joshua replied 13 days ago.

The key is that you ned to very clearly state that you claim an interest in the property. The regitrar will not check the validity of your claim when registering the UN but you do need to clearly state that you claim an interest in the property and ensure you name the proprietor. Your wording falls a little short of that which is likely why it has been rejected. A UN is naturally going to be fragile though to applications for cancellation and you may therefore wish to consider a freezing order in the mean time as above if you think he is going to try to sell the property or transfer it before final judgement.

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Joshua, Lawyer
Category: Law
Satisfied Customers: 26003
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you
Customer: replied 13 days ago.
Fantastic many thanks for all you help. I will happily complete my feedback and rating.
Expert:  Joshua replied 13 days ago.

Many thanks. I wish you all the best with the eventual outcome of what must have been quite an effort to date.