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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3471
Experience:  Solicitors 2 years plus PQE
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in jan 2010 I applied for an injunction against a few ex employees

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in jan 2010 I applied for an injunction against a few ex employees (sales) who had joined a competitor and the competitor himself for breaching the terms of their employment contract.
A judge in Portsmouth granted the injunction, I let it be known to the judge that i didn't want to stop them from working - I just wanted to stop them from selling to my customers and to stop them from soliciting the services of other employees of mine. So they were allowed to carry on working but with strict instructions not to do anything as per the contract otherwise they would be brought back to court and charged with contempt.
They did breach the terms and so we pursued court action to make an example to others. One of the ex-employees was brought back to court and charged with contempt and perjury as he had lied in a sworn affidavit.
The costs of the solicitor and barrister came to £15,000.
The judge, who had reserved the case for himself on the original hearing, started proceedings off by apologising for not remembering the case. He then went on to explain that he had made a mistake by awarding the injunction as he was only a family judge. He said he didn't have a "section 9" and advised us not to continue with the proceedings as the defendant may well win on appeal because of this.
I was unable to re-apply for the injunction as the 6 month restrictive covenant in the employment contract had by this time elapsed.
I lost more staff after this to my competitor who thought it was quite funny.
My solicitor advised me not to pursue the court for compensation until we had finished pursuing the other aspects of the case. I spent £110,000 in legal fees and my business went into liquidation before the case got to court.
(some 2 years later)
I lost everything. My then solicitor doesn't act for me now, I can't afford to employ another.
I wrote to the court but had a reply back saying to write to the ombudsman. I did that and had a letter back saying to apply to the court.
I'm busy trying to put my life back together - where do i go to get some kind of justice?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.

Thank you for your question and welcome.

My name is ***** ***** I will assist you.

I am afraid your options are limited however I would suggest the following:
1. Obtain your file from the solicitor;
2. Review the file if there is any inclination that the solicitor did not properly advise you, did not advise you of costs or was negligent then you can make a complaint to the Legal Ombudsman -
3. There is a procedure for complaining about Judicial Conduct - what you need to do is write to the Lord Chancellors Office explaining your complaint - they have the power to award compensation if you have been prejudiced by the courts conduct. - Here is some general information about Judicial Complaints.

I am afraid to say this is really the only option open to you.

I look forward to hearing from you.

Kind regards

Alex J., Solicitor
Category: Law
Satisfied Customers: 3471
Experience: Solicitors 2 years plus PQE
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