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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I am the claimant in a litigation case involving 2 people attempting

Resolved Question:

I am the claimant in a litigation case involving 2 people attempting to steal my business. It involves copyright law as well.
The Defendants defence is that there was an agreement to sell them the business - which I deny - and that they purchased the business in the limited company that they ran at the time (this started in May 2014).
However they liquidated the limited company in July 2015.
What I need to know, is in the unlikely event that they are successful with their defence and they are awarded costs - currently they claim they are around £30k.
1 - Who are the costs awarded to (the liquidated limited company or them)
2 - If their defence is that they were covered by a limited company should the liquidaters have been involved in the litigation at this stage
3 - Is there anything you can help me with here to assist me in reducing the cost award
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello name is ***** ***** I will help you.
The costs are awarded to the defendant who is named on the claim form. If it's dissolved then no costs payable.
Can I clarify anything for you about this today please?
Customer: replied 10 months ago.

Hi Alex,

It's Sandra - Menu Printers - long time no speak.

The Defendants on the claim form are named as individuals, but their defence is that they were trading a limited company, which has now gone into insolvency.

So would the defendants personally get the cost award (if I lose the case) or the insolvent company

Expert:  Ash replied 10 months ago.
Ok. Unless they amend the name is ***** ***** they would get it personally
Does that help?
Ps hello back!
Customer: replied 10 months ago.

Not the answer I wanted, but yep it does help.

We had the pre-trial review on Wednesday and the Judge laboured the fact that I had to prove I owned the business (as opposed to my husband). One of the other defendants (there were originally 4, but two were dismissed last week as only employees) confirmed that she worked for me and not my husband.

The judge asked the remaining defendants several times if they now accepted I owned the business and they repeated 'no they didn't'.

The Judge then said I had to produce more evidence to prove it by midday the following day and to bring my three witnesses who are attending to state that they know I own the business (My daughter who works with me, A current employee for over 10 years and a customer of many years). His comment was 'the more the merrier'.

Do you think that the judge does believe me and that he is just 'dotting the i's and crossing the T's so to speak).

Sandra xx

Expert:  Ash replied 10 months ago.
Well it's a matter for trial and evidence. The judge needs to make a finding of fact on the business so the more evidence the easier it is
Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 10 months ago.

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.


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