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Hi Alex. I think so, yes
So they would seek to re-litigate on a matter which they had previously brought a claim?
I'm not sure what you mean. Their first claim against me was because of the initial use of the data, prior to the injunction. They are now saying I have kept the data and therefore in breach of that injunction. They offered a drop hands to their first claim.
Yes, that is correct. It was them who requested a drop hands. Does this mean the proceedings were "closed"?
They can not relitigate on decided matters.
Therefore should they issue a claim you can defend it on the basis you had a previous claim arising out of the same facts and that this was dropped hands.
Therefore as such issuing this new claim is an abuse of process
Their claim should fail because there was a previous claim
Can I clarify anything for you about this today please?
Ok, I will need to look a little bit further in to their full claim. Their claim is for damages arising out of the fact that they assume I have held on to the data file.
With regards ***** ***** may happen if they win and they want their legal costs; If I am unable to afford to pay their legal costs which at the moment are around £50k, what happens? I am a director of a limited company. There are two other directors. If I am forced to declare personal bankruptcy, will I need to resign from my position? I have looked in to it and have found out that directros become disqualified. They must also not have anything to do with the management and marketing of a limited company. This is my only source of income. If I lose it, I'm done for. Because I am an ex-franchisee, I think they are racking up their legal costs with the hope of me losing and having to pay for them. Then, as I wont be able to afford them, they can make me bankrupt and force me out of the industry. Am I just over-thinking things, or is this possible?
If their claim is for £10,000 or less its a small claim.
Above this if you lost you would be liable.
If you lose then you may be bankrupt and you would have to resign as a Director, but you could still be an employee
Does that clarify?
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