How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Employment Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Employment Law Question Here...
Stuart J is online now

I have a Ltd Company XYZ Ltd but someone else has started an

Customer Question

I have a Ltd Company XYZ Ltd but someone else has started an identical business in his own name trading as XYZ. Is he allowed to do that?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Stuart J replied 3 years ago.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

My husband died last year and I inherited his 50% shareholding in his Limited Company. The other shareholder also has 50% BUT he has started a new business in his own name Trading As the same name as the company. So he is using the name to trade outside of the company. Can he do that?

Expert:  Stuart J replied 3 years ago.
Is he still involved with the original co? Is he doing the same thing?
Customer: replied 3 years ago.
No, he is not involved in the company business which is practically dormant.

Yes he is using the company name to carry on business in his own name
Expert:  Stuart J replied 3 years ago.
If the original co is practically dormant what is the problem? What do you want to happen and why?
Customer: replied 3 years ago.


I don't want him to benefit from the hard work my husband put into the business and wish to protect its trading name whilst the family decides whether to continue with it.

Expert:  Stuart J replied 3 years ago.

 

You have a
potential claim against him for breach of duty (to act in the best interest of
the original company) and for compensation/damages in "passing off" because he
is attempting to profit off the back of the original business.



It really comes
down to how much you want to spend taking this to court if he simply refuses to
change the name.



Assuming that
that was not an issue, and leaving it aside for a moment, the amount of
compensation that you could get be very difficult to quantify because the
company is no longer active and it will be difficult for you to say what the
company as a result of his actions.



To summarise: you
do have a potential claim/cause of action against him






You can always
get a solicitor to write to him threatening an application to court for an
injunction and costs and see what reaction it gets. We get many such questions
on here from people who have had those kind of letters

Can I assist any
further with this? Please bear with me today because I will be online and
off-line clients.



Please don't
forget to positively rate my answer service (even if it was not what you want
to hear). If you don't rate it positively, then the site keep your deposit and
I get 0 for my time. It is imperative that you give my answer a positive
rating. It doesn't give me "a pat on the head", "good boy" (like ebay), it is
my livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask. Thank you.




Customer: replied 3 years ago.

Thanks for your help, we are consulting with our family and will return to you if we need any further advice.

Chris

Expert:  Stuart J replied 3 years ago.




Glad to assist.





Please don't forget to positively rate my answer service (even if it was
not what you want to hear). If you don't rate it positively, then the site keep
your deposit and I get 0 for my time. It is imperative that you give my answer
a positive rating.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10055
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    661
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions