Hello, thanks for your question. My name isXXXXX can assist with this.
Is your concern that they will pass costs on to you and seek to recover that by suing you if necessary?
yes exactly that
Okay. This is not usually a good reason to get an injunction because the Court could simply decline to make an award of a monetary claim against your, or if it did, it could limit the amount of recovery against you.
Injunctions are really only appropriate where damages or some other form of financial relief is not adequate. By being able to decline to award money against you, I expect the Court could conclude that an injunction is not necessary.
I am currently owed monies by this client, albeit sifting through the paperwork current to resolve how much. the works being undertaken are unnecessary of which is costing much more than they should be paying, which ok is not my concern. my companies reputation and loss of income is my concern and possible further outlays in this case
How is your company affected by a potential income loss?
I am a sole trader, so all income is warranted, but I have the ability to work my way out of trouble, but there is suppliers that are owed money, and my trade account is left unpaid....these total about £8000
Okay, if something that the ex-client is doing is unlawful and causes you to lose money, you might be able to obtain an injunction. But I'm not sure what's likely to be unlawful about what the ex-client is doing?
What is your advice here then, ride the threats of charge backs, while I implement a civil case for monies owed?
Well, normally that's likely to be the way somebody would deal with this type of concern, whilst making offers in the background to resolve the dispute and/or issues within the dispute.
Injunctions are not usually the appropriate response.
Each case is different, but I can't imagine why an injunction might be sought in a case based on the things you've mentioned so far.
You could take action and seek a court declaration as to your liability, if there is some dispute between you, which might be another way you could take positive action to resolve this.
This is where the court "declares" the legal position and, if possible, the extent of the liabilites between you.
yes I've read up on this and consider it a possible way forward
I'm not sure I can think of another potential avenue I'm afraid.
communication has broken down with the client thus this avenue has to be approached. Thank you for your advice today, I can't say I will let you know the outcome. but thank you