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THE BAILIFF: On 29 May 1998 the Deputy Bailiff granted an injunction restraining the Defendant and the party cited from dealing with moneys held to the order of the Defendant in an account with the parties cited.
The Court was told that the account contained some £135,000, made up of approximately £128,000 as to capital, and £7,000 of accumulated interest. The Plaintiff’s claim is for some £117,000 in addition to interest and costs.
It should, however, be explained that the party cited has also begun proceedings against the Defendant, seeking the sum of £18,0000, so that one way or another, if the claims are made out, the whole of the injuncted moneys is more than accounted for.
The Order of Justice giving rise to the injunction, contains the following paragraph:
"Nothing in this Order shall prevent the Defendant from making such payments in respect of its reasonable legal fees, and legal costs of defending these or any other proceedings or receiving legal advice in contemplation of legal proceedings brought or intended to be brought by them, provided that the amount of and source of such payment has first been notified to the Plaintiff’s Advocate not less than 48 hours prior to the making of the same".
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