what if

[justmetoo]

If a judge rules that a limited company is in defalt, and all moneies awarded to the other side,does that mean the company will HAVE to pay, does the judge give them a time limit to pay, or would he order that payment be paid in full there and then.......???

[Barmaid]

It would be most unusual for a Judge to order there and then. The normal rule under the CPR is 14 days - thus if the order is silent on the point, that is when payment must be made by. If the paying party applies at the time the order is made (commonly applications are made for 21 and 28 days) that should be in the order.

The company would be in breach of the court order if it didn't pay, but enforcing a civil debt is an absolute nightmare and you may well end having to make further applications either for enforcement or bankruptcy.

[justmetoo]

Thanks for that I appriciate that you took the time......what a nightmare ride this has been.....

[happyjo]

Is this a lpc assignment or a genuine case? I ask because I have homework exactly the same as this question and I am on the lp

[Barmaid]

If it's an LPC assignment happyjo, I shall be cross!!!! (I did all my coursework myself)

And I suspect if it IS an LPC assignment, there will be a bit more required than my short answer (ie which CPR rule, how does the company apply for time to pay, enforcement etc).

[justmetoo]

No guys this is a real case, we sold a bungalow back to a holiday camp ( its a limited company ) they paid a deposit, the rest to be paid a year later, we have all the paperwork saying that, of course they never paid, so we took them to court, that was 16 months ago, 2 weeks age we paid to take it to a judges hearing because the company wouldnt put in any defence, the judge gave them a week for paper work to be in and they had to pay the cost of the hearing,and a few other bits, if they didnt they were to ruled out by defalt, of course they havnt, our solicitor at the moment is applying to the judge to have it struck out.....so I wanted to know if we were ever likly to get our money....thanks guys

[justmetoo]

also if the company is in breach of the court, how does that affect them....ie there credit rating, dealing with there banks..and such like ....this case has been a nightmare, we were told it was anopen and shut case.....16 monthe later it is still there....we were told it would cost 1,000 possibly 4,000 pounds..........we have to date spent almost 10,000 pounds....its a very real case and I thank you for any advice I can get....