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
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.
Its bad news then I am afraid.
If there is no contract there is nothing you can really do. You have very limited rights.
If there was a non compete or contract then you could sue for breach of contract.
There is no such clause.
The only thing you could do is a seek an injunction to stop them doing this.
You would need to write to the Court and complete forms N1
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
Can I clarify anything for you about this today plaese?
To be honest I think its a slim chance, I am sorry to say.
You should have had some sort of agreement or contract.
I think it is a very hard lesson
I am sorry
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