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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a issue with a web coder that created a website www.prizepig.co.uk

Resolved Question:

I have a issue with a web coder that created a website www.prizepig.co.uk for me. I have a commercial issue with them and do not wish to pay the entire fee for the site. However they are claiming that if i don't pay for the site they can use the site for themselves. I designed the site and created the name and own the url, is it possible for the agency that coded up the back end of the site to do this.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did the coder work for you or was it sub contracted out? If sub contracted out, did you sign any contract or terms please?

Customer:

It was subcontracted out but there wasnt a contract at all

Alex Watts :

What is the total fee and what is the disputed element please?

Customer:

its £10,000 i have paid £7,000 and the rest is disputed.

Alex Watts :

Ok - so only £3,000. How did you engage them for the job please?

Customer:

sorry its £7,000 thats owed, he was engaged verbally for the project and by email exchange

Alex Watts :

Ok.

Alex Watts :

And nothing was ever mentioned that they would use the code for themselves before this dispute?

Alex Watts :

Have you paid the £3,000 you accept please?

Customer:

no never mate and i have paid the £3000 i accept

Alex Watts :

Ok - well you have 2 options.

Alex Watts :

You can either wait until they take you to Court for the balance or see if they use the code for themselves.

Alex Watts :

If they do at that point you could take out an injunction

Alex Watts :

Or you could apply for an injunction

Alex Watts :

Apply now for an injunction to prevent them.

Alex Watts :

You would need to complete forms N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Customer:

ok so should i basically do nothing until they do something

Alex Watts :

You are asking the Court that they are prohibited from using the code.

Alex Watts :

The Court would then issue the claim and list the matter for a hearing. At the hearing the Judge would decide whether the matter is contested and if it is, to set the matter down for a final hearing.

Alex Watts :

The Judge would then decide whether to make an interim injunction order.

Customer:

ok mate i think i understand that. What a great service you provide. Thanks

Alex Watts :

If the Court makes the order and they breach it, they can be sent back to Court for contempt of Court. A Judge can warn, fine or send them to prison

Alex Watts :

But if you want to protect your position and the code you can either wait to see if they use it, or issue an injunction now.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

no thats perfect great

Customer:

sorry how much does a injunction cost

Alex Watts :

An injunction is £280 to issue.

Customer:

ok thanks alex thats wonderful thanks a lot

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