Ask a Law Question, Get an Answer ASAP!
Hi Alex, Thanks for the help xxx
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
Has that matter been heard in Court?
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
Ok - then you need to wait until that is listed.
If you have applied to strike out their defence then you need to wait for that to be listed.
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!!!!
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.
Ok - well forget about that for the moment.
That case is not before the Court.
They need to deal with the committal and your application for strike out
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
Ok - forget about the new case.
If they try to apply for an injunction this would be on notice.
I think they need evidence, rather than just threatening one.
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.
Ok - I dont think that would be enough
So basically, I just sit and wait
Sadly yes for that claim
Can I clarify anything else for you?
Nope that is great. Thanks Alex, you are a star :)
Have a good Christmas xx