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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25470
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My old business partner is accusing me of owing him and various

Resolved Question:

My old business partner is accusing me of owing him and various other people money, he has not gave me details of other third parties, or has he gave me a written amount he thinks he owes, I am emigrating at the end of the month and I have a horrible feeling this person is going to try and get an injunction to stop me leaving the UK (as his threat to me over the phone was he is going to make things difficult for me) can he stop me from leaving the UK?
I thank you in advance
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify whether these are debts that he claims are owed by your business to third parties (apart from the money he claims you owe him) or wether he claims you owe the money to third parties personally please?Do you believe there could be any substance to his claims?
Customer: replied 2 years ago.
He stated that I owe the third parties personally, he stated he has spoke to numerous companies but also past clients, I have always run a limited company and the only issue I have had with any of my past clients is money they owe me and there has never been any court involvement.
Expert:  Joshua replied 2 years ago.
Thank you. If the debts were incurred by a limited company you controlled or owned shares in then it does not follow that such debts are owed by you personally unless you provded a directors guarantee for the debts in question. Rather, if the debts were incurred by the company, these debts are owed by the limited company rather the you. as above, you have no liability for debts incurred by your limited company unless you either a) are guilty of trading the company knowing the company to be insolvent or b) provided a directors personal guarantee in respect of any of the debts concerned. Notwithstanding the above, it is not possible for your ex-business partner to seek an injunction to prevent you from leaving the country on account of claims debts. That's are dealt with under the civil law and there is no power to restrict your freedom of movement on account of claimed debts. You ex business partner accordingly cannot prevent you from leaving the country there is nothing preventing him pursuing you in many foreign countries under reciprocal enforcement provisions agreed between the UK and the majority of foreign jurisdictions so you may wish to ensure he has some form of contact details in order that he can contact you to avoid a situation where he could seek court orders against you in the UK without your knowledge which you may later need to overturn. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Customer: replied 2 years ago.
Ok , appreciate the fast response and I am happy that that is the case but one more for this one, this guy is a serial liar I have seen it first hand, what would happen if he accused me of fraudulent activity (to his lawyers whom he has told me he has spoke to and are about to start something and he also made a threat of making my life difficult and did also say the word "injunction" ( I have bank statements of all transfers made to my personal account for drawings - remuneration and where the money has been spent personally but also on expenses etc) could he do something in this respect eg have an injunction to stop me leaving ?
Expert:  Joshua replied 2 years ago.
No problem. A claim of fraud is serious and would require a high standard of proof - "beyond reasonable doubt". Claims of fraud are generally referred to the police because a private person rarely has sufficient evidence to prove fraud without police powers to obtain further evidence and investigate further. If he could show fraud and police arrest you and if satisfied there is sufficient evidence to show fraud could decide to charge you and may seek an application to take away your passport to prevent you leaving the country whilst on bail but they must be able to show there is significant evidence of fraud. If you could show that any drawings you made from the company were legitimate - i.e. were for remuneration or expenses, there is little prospect of this - they cannot charge you without sufficient evidence to show that you have committed fraud. Fraud requires a very high standard of proof. Can I help you with anything else or has the above answered your questions satisfactorily?
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