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About fedibengal

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  1. Our relative gave us the property due to a tragedy that occurred in the family over 2 decades ago. We have lived in it as our own, improving it, paying for its insurance and he no longer had access to it. He never visited the property again. A couple of years ago we tried to transfer it as we needed to do more extensive renovations but he fell ill and could not complete the process. We then heard that he had a bad debt abroad.
  2. https://www.inbrief.co.uk/property-law/constructive-trusts/ The link above explains it all.
  3. We had a constructive trust with a relative whereby he granted us full beneficial interests in a property. However, this relative fell into debt abroad after the agreement and the foreign creditors want to foreclose his assets in the UK ignoring our interests. Our relative has since passed away. We just got notification from the land registry that they are trying to do a dealing on the estate. What can be done as they are not willing to provide us with any information?
  4. Hello everyone just an update The defendant made a part 36 acceptance of my offer of the claim, however, we are taking the matter of costs to court for a detailed assessment. Part 36 says 14 days to pay a claim if accepted within the relevant period. However this defendant accepted out of time. My question is should the claim not have paid out as the costs is now a separate matter. Or does the defendant have to wait until the whole thing is over, including costs.
  5. LIP in person are due costs for time spent on work done and disbursements. The rate is £19 per hour. This includes court fees and application fees, expert fees etc. We are 8 month since proceedings started and a lot of work has been done. The figure i gave is not exact as this is a public forum.
  6. Hello let say that I ask for costs of £2000 after part 36 offer and the defendant offers a cost of £1500 without prejudice which I do not accept. Are you stating that if the matter went to court on costs, I could only achieve £1400 maximum and would not get full costs?
  7. The paralegal sent me a very informal email of acceptance and did not fill out the notice of acceptance. I have to be very cautious with this defence. I have asked her twice to fill it out and send it to me to no avail Is that enough for the court?
  8. Who informs the court so the claim can be stayed? If it me the claimant what form do i use?
  9. How do I stop the claim due to this settlement? Do I file for a notice of discontinuance or is that the defendant's job?
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