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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi I are currently involved in a court case (I am the claimant)

Resolved Question:

Hi
I are currently involved in a court case (I am the claimant) whereby I am claiming damages regarding copyright theft and various other items involving the theft of my business details, contact lists, customer lists etc. I have an injunction against the defendants, which they are breaching on a daily basis.
The defendants solicitors are now threatening to take court action against me (basically mirroring my action against them).
Can I put in an application into the court, before they commence the proceedings, to stop them commencing them until the initial case has been resolved.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Customer:

Hi Alex, Thanks for the help xxx

Alex Watts : Have you applied to the court for committal for breach?
Customer:

Yep, and I am still waiting the outcome. The defendantsbasically got a stay on the case until 5th Jan. But then they failed to disclose their documents so I have requested that the directions they requestedbe dismissed and they be ordered to disclose or have their defence struck out

Customer:

x

Alex Watts :

Has that matter been heard in Court?

Customer:

Not yet, basically I put in the application about a month ago, the court office lost it for a couple of weeks, then they put it up to the judge on 4th December, I checked today and it is still with him

Alex Watts :

Ok - then you need to wait until that is listed.

Alex Watts :

If you have applied to strike out their defence then you need to wait for that to be listed.

Customer:

The defendants solicitor has sent me a couple of letters stating that they are now going to prepare a case against me for 'breach of contract' and using their clients artworks (which are mine, which is what the original case is all about). I informed them that they don't own the artworks (copyrighted material) and they stated that they would ask the court to make an order that they do own it!!!!

Alex Watts :

If they have not complied you simply apply on Form N244 saying they havent complied and ask the Judge for an order to strike out.

Alex Watts :

Ok - well forget about that for the moment.

Alex Watts :

That case is not before the Court.

Alex Watts :

They need to deal with the committal and your application for strike out

Customer:

They have said they are going to do it under a new case. WhatI am concerned about is that they might apply for an injunction which would stop me trading in the mean time. they have no evidence they own the artworks, but I have copious amounts including all the designers who produced it for me and the historical records that show it is mine. Do you think they would get an injunction just by saying they own it

Alex Watts :

Ok - forget about the new case.

Alex Watts :

If they try to apply for an injunction this would be on notice.

Alex Watts :

I think they need evidence, rather than just threatening one.

Customer:

That they do not have. All they have is a letter of (at worst) intent to come to an agreement, but then after receiving the letter they sent me an email saying they don't agree with the terms on the letter! That is the only evidence they have.

Alex Watts :

Ok - I dont think that would be enough

Customer:

So basically, I just sit and wait

Alex Watts :

Sadly yes for that claim

Alex Watts :

Can I clarify anything else for you?

Customer:

Nope that is great. Thanks Alex, you are a star :)

Customer:

Have a good Christmas xx

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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