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Buachaill, Barrister
Category: Law
Satisfied Customers: 13116
Experience:  Barrister 17 years experience
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A question - What if I lose the Proprietary Injunction

Customer Question

Hi, a question - What if I lose the Proprietary Injunction against me after 3 hearings to block all disputed invested funds and then they ask the judge to award them all solicitor fees they have incurred. I am guessing they spent something in the neighborhood of £140,000 to £200,000. There is no way I can afford that, what then ?
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: We have had 3 hearings, I am a. litigant in person against a big law firm Withers
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There is only £58,000 left of the disputed funds, they spent what I mentioned , I think they want to saddle me with solicitor fee to make it painful for me.
Submitted: 15 days ago.
Category: Law
Customer: replied 15 days ago.
That is my question
Expert:  Virtual-mod replied 15 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 15 days ago.
Expert:  Buachaill replied 14 days ago.

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

Expert:  Buachaill replied 14 days ago.

1.  I regret to say that if you have legal fees of 140-200,000 pounds levied against you by the court and you cannot pay, then you will essentially have to declare bankruptcy and seek to sell your assets to pay wha tyou can, whilst getting a discharge from paying all the fees that are owing.  This is a common situation where someone has gambled upon litigation going their way but when it turns out sour, then the only alternative is bankruptcy.  So, you should see an Insolvency Practitioner and discuss options with him as Withers and their client might be willing to do a deal on fees should you lose whereby the would avoid making you bankrupt. Essentially, you should seek to get the court to limit the award of legal costs but you should also negotiate with the other side to see if they will take only a proportion of the fees due.

Expert:  Buachaill replied 14 days ago.

2.  If you require any clarification or if there is additional information you require about your question I am happy to answer whatever further queries about the issue you might have.

Customer: replied 14 days ago.
Hi and thanks. The issue I am having is that they are already asking the judge this question in the second hearing regarding of proprietary injunction phase when they want trust funds want to be frozen. The case will not go to trial for another 12 months or so, so shouldn’t this be decided in 12 months because I may very well win the case against them ?
Expert:  Buachaill replied 14 days ago.

3.  Your solvency should not be an issue in the litigation.  By making it so, it suggests that Withers and their client view this as the best way in which to get you to withdraw your claim or to force you into a settlement, when you have a good case.  So, just treat these arguments with pinch of sale.  They are essentially attempting to frighten you into abandoning your litigation.

Customer: replied 14 days ago.
Sorry, they are suing me and they have incurred these costs 140-200k with 58k of their funds left in the trust fund in my possession that is frozen.
Expert:  Buachaill replied 14 days ago.

4.  Be aware that only interim costs orders can be made at the injunction stage.  It will only be at the final hearing of the action that the legal costs you speak about will get dealt with.

Customer: replied 13 days ago.
Thank you as I was afraid that they would squeeze me way before the actual trial happened. Although I am hoping to win the case, trying to represent myself in court as a litigant in person will be stressful since they froze all my major cash. Have relied on CLIPS barrister before, but the downside is there in n o continuity from appearance to appearance....
Expert:  Buachaill replied 13 days ago.

5.  I appreciate the problems with representation.  However, you can only do your best and make the best of the situation.