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Hello I am taking an Estate Agent/Builder to court because he owes me approx £2.5K. I am told that he has opened and closed a number of businesses and is likely to to close the business that owes me money to avoid paying me. This person committed a criminal act in order to get this business and has already been investigated by Trading Standards. TS decided not to take action against him for cost reasons. I am wondering if I can take out a personal claim against the owner of this business if he does decide to close the business that owes me money. What do you think thanks for taking the time to read this. Any advice you can give me would be welcome.
A claim is being brought against me by a subsidiary of a large corporate group. The Claimant, a corporate entity with limited liability, ceased doing business 4 years ago, it has no assets and has no bank accounts (it has no capital to put in a bank account and neither does it have any cash flow since it is no longer doing business). The legal action of the Claimant is being funded by the parent of the group and/or another part of the group. My concern is that if judgement is given in my favour and the Court orders that the Claimant pay my legal costs then I will be unable to enforce that order against an insolvent Claimant. Moreover, I would not be able to enforce that costs order against the entity funding the Claimant's litigation since that entity is not a party to the Claim. It is clear that this corporate group is shielding itself behind the veil of corporate limited liability of its defunct subsidiary. Proceedings have been issued, the first CMC has been held and we are awaiting further directions from the Court together with a date for the hearing. So far I have been representing myself, fearful that any legal costs that I incur will not be capable of being recovered against the Claimant. However, I need legal representation but I am mindful that my legal costs may amount to hundreds of thousands of pounds in the High Court and you will understand that I do not want to commit to such costs if I have no prospect of recovering them in future. What action can I take to protect myself? Can the Court order the Claimant to identify the party funding its action and order the Claimant to post money with it to cover a costs order against it should its action fail? If I ask for such an order against the Claimant then is it likely that the Court would order me to make such a deposit with the Court should a costs order be made against me? Please advise me in relation to how I should deal with this situation.