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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are a limited company and run a children's breakfast

Resolved Question:

We are a limited company and run a children's breakfast and after school club, we have a contract in place with our parents/customers, the school has given us notice to close as they wish to run the club for financial gain to the school. They have intentionally stolen our business and caused a break in our contract with our customers. Would this be classed as tortious interference and do we have any rights to sue the school ? We have been in the school for 8 years building up this business, initially loosing money but now making a profit of about £25,000 a year. Jennie XXXXXX XXXXX XXXXXX

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Does the contract have a non compete clause please?
Customer:

We do not have a contract with the school we simply pay the school a daily rental fee, we only have contracts with the parents who use the service, the parents do not have a non compete clause.

Alex Watts :

Its bad news then I am afraid.

Alex Watts :

If there is no contract there is nothing you can really do. You have very limited rights.

Alex Watts :

If there was a non compete or contract then you could sue for breach of contract.

Alex Watts :

There is no such clause.

Alex Watts :

The only thing you could do is a seek an injunction to stop them doing this.

Alex Watts :

You would need to write to the Court and complete forms N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The Court would list the matter for hearing and decide whether to grant an injunction. If it was granted and breached this is contempt of Court and they could be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today plaese?

Customer: Would you think we would be wasting out time filing an injunction, or do we have any grounds to win a case ? I can't believe a school is literally able to steal our business without buying it from us and without our consent, I suppose we have learnt a very hard lesson ?
Alex Watts :

To be honest I think its a slim chance, I am sorry to say.

Alex Watts :

You should have had some sort of agreement or contract.

Alex Watts :

I think it is a very hard lesson

Alex Watts :

I am sorry

Customer: Thank you for your advice
Customer: kind regards
Customer: jennie
Alex Watts :

Good luck Jennie, if I could ask you to rate my service before you go today please,the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

Thanks!

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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