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, my name is ***** ***** it is my pleasure to assist you with your question today.
Do you wish to get the equipment back or get compensated value of the items?
Our client wants to get the equipment back. There is confidential information on it.
The issue is that whilst you could make a civil claim to try and get the equipment back, no one can actually force the person to physically give it back, in which case you may have to turn to pursuing financial compensation value of the items and perhaps seeking an injunction preventing the employee from using any confidential information in the future.
Before you consider the legal route, I would suggest you that the process follows these steps:
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Thank you. Money is not the issue is. The client wants the equipment back. We have a contract with the umbrella company he was using, not with him directly. Can we still make the clain using N1 Form directly against him or do we have to sue the company he used and then they turn against him?
Also, when you say local county court, is it the one closest to my company, or closest to the defendant?
if you were pursuing a claim of contract, i.e. non-performance of the contract you had, then it would be the company you would be suing. But you can also make the person a co-respondent, so basically make the claim against both parties and the court will decide who should be responsible. You can contact your local court and issue it from there, it will then be transferred over to the defendant's local court
ok, thanks help.
you are most welcome, all the best