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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a business called Menu Printers - basically we print

Resolved Question:

I own a business called Menu Printers - basically we print menus for takeaways and restaurants. The defendants stole my files (copied all of them, some 2,500 customers worth) and my contact list and customer records.
I am the claimant in a case whereby the court ordered full disclosure of documents. The case involves copyright infringements - of which there are many. I already have an injunction, which the defendants are breaching on a daily basis i.e. they are still selling the items that they have copied, and continue to make further copies.
They have a solicitor, who I served committal papers on which outlined a great deal of the items in question.
The defendants (and their solicitor) have failed to disclose and of the items they have infringed. My document listing was in excess of 800 documents, theres only 26.
The solicitor prepared their defence which clearly states that they intend to continue to trade using my copyrighted material.
Is the solicitor right in withholding documents that he is well aware exist. and if not what offences, if any is he committing.
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 :

Just to be clear you have a Court order requiring disclosure of named documents or does it just say documents within his control?

Customer:

Hi Alex,Document within his control

Customer:

I have spoke to you previously about this case, albeit you probably won't remember it.

Customer:

The defendants have completed many jobs, I know of over 30, which they have failed to disclose any details on. Their solicitor is aware of this since I served him copies of all the documents in the committal papers.

Alex Watts :

Ok - so you want to know what offence he is committing? Contempt of Court, but that is it

Alex Watts :

There may be some regulatory offences to do with their professional body.

Alex Watts :

You could contact the SRA about that: www.sra.org.uk

Alex Watts :

They can investigate to see if there have been any breaches of Court rules

Alex Watts :

Of course to stop them using the files you would need an injunction to stop this.

Customer:

O.K. He also states that whilst they want copies of all the documents I hold he is not prepared to go through the committal documents, but he wan't to return the documents to me for me to itemise them and give them back to them to save them copying costs under the disclosure. I have refused and said, that they should advise me what they want copies of and be prepared to pay a reasonable sum (I suggested 35p plus vat - he says 25p plus vat???) He says I am not being reasonable as it would take his clients ages to go through the documents and that he is going to refer it back to the court. I havebasically told him to go do that as he would have to have his stay lifted first. Am I right in my actions.

Alex Watts :

Yes I agree

Customer:

I already have an injunction to stop them using the files - he is aware of this - yet they are continuing to do so - and he is aware of that - he prepared their defence which says that they have no intention of ceasing to use the items or the information they obtained. I got the injunction on 1st August yet they have produced 12 letters to me showing they havecontinued to breach it. But since they have ea stay the court has done nothing with regards ***** ***** committal.

Customer:

Thank you for agreeing, at least I know I am not being unreasonable

Alex Watts :

Ok - well if you are issuing committal proceedings for breach of the injunction then D is going to be in bother!

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I have applied to the court for the stay to be lifted do you think they will do this under the circumstances

Alex Watts :

The Court can yes.

Alex Watts :

If you dont think it is going to get you anywhere

Customer:

thank you. Have a good day

Alex Watts :

And you. Please remember to rate as always

Customer:

will do xxx

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