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Hello my name is ***** ***** I will help you with this.
For now please let me know whether you have any form of Directors agreement?
Hi Alex, we had no articles listed, just 1 share each
You want an injunction I assume?
Yes I suppose that would be it but I would also like to ask, I have spent £9k on solicitors fees as she was trying to get the company from me but we found out that from Aug to Oct she was trading in her new company but still trying to take the company inquestion too. So it cost me a lot of money and she was proved to be lying
So sorry can I go via small claims to get this sorted?
Ok - you could seek an injunction the Director stops. This is because there is an implied term that a Director acts with good faith
If they are competing or even re-directing business that is a clear violation of that term
Therefore on that basis alone you could seek an injunction
But it would NOT be a small claim. You can do it yourself, but if you lose you would be liable for costs of the other side
You could sue for breach of contact, ie the implied term and as long as any claim is £10,000 or less it would be a small claim
Ok so, in July, I asked if we could go our own seperate ways as we could not get on and she had been abusive to customers and my partner. I set up another company and was open about it,in the beginning of July but started from scratch. She set up a company 2 weeks later on the 14th July but maintained she was never using it and wanted Paws Pantry but was then found to be lying. So the company has no trade now but she is using the name to promote her new business so can I still do this
Can I clarify anything for you about this today please?
Indeed, so you could potentially sue
So let me understand thisI can put an injunction to stop her using the name Paws Pantry and I can do this myself
And I can also issue a claim in the small claims court for all the legal fees that I paid that I did not have to because she was lying
Yes and yes
So do I need a solicitor to issue an injunction or can I do that myself
You can do it yourself.
How do I do that myself?
You issue the claim the court lists it for hearing and you go along and represent the company
Do i download the claim form?
thank you Alex, is there anything in the small claims court application that I should state that would help me
Just breach of contract of the implied term of good faith
So the breach would be that she lied about continuing to work for the company
Ok thank you Alex, at court can I also ask for the domain name to be taken as she is using that too to promote her new business by way of links
Yes you can use that too if you wish
Can you think of anything else I need to state
No, that is it
Am I suing her as a person or as a director as we had to pay own legal fees
Thanks Alex, I really appreciate your help. I have screenshot all that I can to use as evidence
Yes you can use that too
Can I come back to you within a certain period to ask any questions or do i go back through again
Once you rate the question does not close, even though the site gives the impression that it does
can I clarify anything else for you about this today please?
Thats it thankyou
Great. If I could ask you to rate my answer before you go - the button should be at the bottom of the screen
If you need more help please click reply
Hi Alex, are you able to help me complete the injunction form
Yes, but you will need to ask a new question for that one.
If you put it for my attention I can answer it for you
Do i have to pay again?
I am an expert so have no access to your account, so can't see what type of plan you are on sadly.
Not sure I just paid £47 that was it to speak to you
Ok - I am not sure either as I do not have access to your account. I can only see questions as they come in
Hi Alex I have just paid for you to help me fill in the form
Company name is***** defendent name is*****
Sorry defendents name is***** am the claimant David john Fletcher. apologies :(
Thanks Alex, Can I refer to the terms that were agreed at the meeting and attach a copy?
Hi Alex, I have received a letter back from the court stating "The application states this is within existing proceedings but there do not appear to be any such proceedings" could you tell me please what this could mean, thanks