The Defendants stole my business, then said we had an agreement.
However the facts are that there had been certain discussions but nothing firm had been agreed.
Then my husband and I went on holiday and whilst we were away they took over my business.
We took them to court for damages etc the case took over 18 months to finalise. They put in a defence saying we had an agreement. However at the hearing they hardly said anything and denied that the documents they had entered in their defence were theirs, they said they had never seen them before.
The judge kept saying they didn't have to say a thing in their defence. And whenever I tried to question the defendants he kept pushing me on, saying I had my answer, which I did not have.
So they just sat there, the judge at the end of it all said that he didn't believe a word we had been saying (despite the fact that everything I said was backed up with evidence), including 4 different times when the Defendants stated they did not have an agreement!
Restaurant & Takeaway Menu Printing
I was on holiday in Spain.
I had rented office space in their building (they were my landlord).
One of my employees basically decided to work with/for them and she assisted them in taking the designs, artworks etc whilst I was away.
Once I came back from holiday and discovered what they had done I moved out immediately (the judge said I was wrong to do that!)
I then obtained an injunction against them (which they breached for a year). I obtained committal proceedings against them which they admitted but the judge stated at the main hearing that since there was an agreement the injunction was not valid therefore the committal was dismissed!
I still maintain there was no agreement, (which they admitted in their emails and their statement) but the judge wasn't interested in that and dismissed my claim.
Yep, and my contact information (kept in my manual order book and on a computer). They then used many of the designs for over a year (despite being ordered by the court to delete them - which they clearly didn't) xxx
No admitted it !
But they say we had an agreement that they could have it (albeit they disputed it in their emails and statement - on the statement they said the agreement was totally unacceptable! and that we had lied when we were making it!!!!)
Basically yep. But throughout the time the court action had been started and the final hearing they said that the agreement was not acceptable, on 4 occasions (emails and their statements), but the judge would not take that into consideration.
Also the Judge kept saying that they did not have to defend their action and that they could just sit 'sucking their thumbs' and that I had to prove my case. He refused to take any of my evidence into consideration.
I tried to, but the judge wan't interested. All he kept on about was that they didn't have to defend themselves and that I had to prove my case!
Even the usher said at the end she could not believe what had happened and that the judge was clearly in a bad mood.
The worst part is that they used the defence it was a limited company they had at the time that had the agreement. They didn't tell the Judge that they had subsequently put the company into liquidation. I told the Judge and he said so what all it meant was that the agreement was with the limited company so the designs etc now belonged to the insolvency practitioner.
I have spoken to the practitioner who was unaware of the court case and the fact that the defendants had used the liquidated company to pay for their legal defence (£20k they paid - the balance was outstanding being £10k - so that solicitor is not a creditor of the limited company).
Do you think I have a case for an appeal?
yep, but our arguement is that, we had no agreement with anyone, and since they stated that the proposal we put in writing to them was totally unacceptable, we can't see how they say there was an agreement anyway!
I had taken out the case against them personally.
Only when we gave them printing work to complete for us.
When they stole our designs they formed 2 additional companies and then said that they purchased the designs, contact details etc in the name of the original company then transferred the assets to the first of the new companies, then applied for that to be struck off and transferred the designs etc into the third company (hope you are keeping up lol).
Because there was no agreement with either a limited company of them personally.
So there was no need to involve a limited company in the action and there were two defendants, only one was a director of the original limited company. Albeit when they formed the following two companies both defendants put themselves down as directors
They stated that they were trading the second company from the beginning, however there was no payments made into the limited company, all the payments were into one of the directors own personal bank accounts.
Also the company in question was formed on 7th May 2014 and they applied on 18th June 2014 to have it struck off, and under the companies act you cannot apply to have a company struck off within 3 months of it trading. Therefore they can't have traded it.
The third company was not formed until 14th June 2014 whereby they claim to then transfer the asset into that company at that time
They admitted it at the committal proceedings and supplied various samples in their defence docs. Xxx
Not invoices. Actual printed menus showing my designs etc
No, I meant samples of the printed menus and they disclosed their order book (albeit they stated at the court that they did not know if it is was their book as they did not recognise the writing - despite the fact that they had taken payment into their bank accounts for these orders !!!!)
No, nothing substantial xxx