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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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My ex has brought about an injunction against my new business

Customer Question

My ex has brought about an injunction against my new business in the UK. The main aim of the hearing was to prevent my usage of database of her business – which we jointly owned in UK when together – and secondly to prevent me trading with a name that her business once used as a tagline (though not a trading name). I agreed in court to amend my name slightly, they agreed, but claimed the database was common property and was shared with our company in India which I now own. The court allowed my India company to continue trading in its usual fashion – ie use the database – but injuncted my new UK company from using that database till final hearing.
My earnings, for the past two years are NIL. My new UK business has not yet started trading and only has losses in set up costs. My savings are close to £100,000 but will soon dwindle to £10,000 once I pay for lease extension of the flat I am living in, which is in progress.
The costs of my wife’s side for this one hearing are shown as £48,000 – a big city firm. My costs are NIL, as I defended myself.
The court reserved order on costs, but I am told since I agreed to the name change, technically it is their victory and the costs will come to me, if I settle now or if I go to final hearing and lose – of course the costs will mount up by then.
My question is
Is the court likely to agree to their costs of £48,000? If so, or even if it agrees to a lower amount (how much lower can one get from £48,000!) and I do not have the money, what happens?
Is there a way out for me?
I consider the court hearing to be in my favour but technically it is considered a loss, and the consequential liability of their costs would be crippling for me.
In our divorce settlement the goodwill of the company with my ex now was assessed as zero. This did not come up for discussion at the injunction hearing.
I would have agreed to some of their points anyway, but circumstances, and their guile, saw me ending up in court.
Submitted: 11 months ago.
Category: Law
Expert:  Alex J. replied 11 months ago.
Hi,
Thank you for your question and welcome.
Do the costs only relate to the injunction hearing?
Kind regards
AJ
Customer: replied 11 months ago.

Yes, the cost is only for the injunction hearing - no damages claimed, as yet. They had claimed a share of the profits I might have made by using the same database, but I have not started trading, so that became irrelevant.

Customer: replied 11 months ago.

I am yet to receive a reply to this question, though I have been charged.

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