Because he has now started his own company and taking business from us, and he did not like the fact he was being confronted about his turnover. His father is the boss, and I think he thought he could get away with anything.
He has clearly been negligent. Asa result of his negligence you have suffered loss. You cannot recover that throughinsurance (understandably) so you have a claim against him.
How much roughly do you think bringing this case to court would cost? and what percentage chance do we have of winning in your opinion.
Nothing is ever a foregone conclusion in court but I think youhave an excellent chance of winning and it is certainly worth taking to court.The amount you are claiming is over £10,000 and therefore unfortunately, itwill not be small claims court, and if you lose for any reason, will probablyget costs awarded against you.
In all honesty, I cannot see how you can lose but sometimes eventhe 100 to 1 outsider wins!
I would start by sending a solicitors snotty letter threateningcourt.
There is no reason why you cannot deal with any litigationyourself to save your own legal costs at least, until you end up out of yourdepth (if you do end up out of your depth.). These facts are relativelystraightforward and therefore I can see no reason why you cannot conduct thelitigation yourself.
My very broad rule of thumb is that if you lose, expect to pay incosts, about the same amount as the amount of the claim although, because thisclaim has no particular complicated issues of law or fact, there is no reasonwhy it should be unnecessarily protracted
Does that answer the question? Can I assist further?
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Would it also be worth trying to get back money for not being able to cover his area and get the business he has taken from us over the last 10 months.
To be honest, I thought of that before answering you and I thinkthe chances of getting anything back with regard to his inability to do the jobis remote.
If he was setting up his new business while he was working foryou, that is a breach of trust but it is a very difficult one to bring. We hada solicitor do exactly the same to us who left on a Friday and started his ownfirm on Monday and talk and massive chunk (I am talking really massive in fact,obscenely massive chunk of business with him). We took Counsel's advice (costus a grand) and his advice was that we should have paid him more in the firstplace! That was a waste of 1000 quid.
Unless there was a covenant in his employment contract, you have nochance almost of bringing a successful action. Even if there is a covenant,courts are very reluctant to enforce them if the period is longer than three months
So how do I go about bringing an action against him in the courts for the recovery of the stolen car, and performing the litigation myself. Do I have to register a case at the courts first and get a case number? and can I charge my litigation costs against him should I win?
The first thing you have to do before issuing proceedings is towarn him that if he does not pay up, you are going to sue him.
You then need a valuation for the car and you issue proceedingsfor that amount of money.
You can do it online here www.moneyclaim.gov.uk
it is then simply a case of following the process.
You can apply for an order for delivery up of the car but thecourt cannot enforce an impossibility which is what it is if the car has beenstolen and not recovered.
If the car has been stolen and not recovered, the amount of yourclaim is the difference between what the car was worth before it was stolen andwhat it was worth when recovered
If you DiY you can charge time at £18 per hour
Thank you so much, I have found this to be informative and instructive.
Well worth the £47.
Glad to help. Regards