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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8702
Experience:  I have been practising for 30 years.
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I looking basically. I have been running my business since

Resolved Question:

I looking for advice basically. I have been running my business since 2013, I have used one accountant since then. The issue I am facing is, this accountant has opened same business like the one I am doing coping everything from service I provide, where and how I do my marketing which real not right. he know my business in and out so he is basically copy my business model as it is. how can I go about in order to take his company to court?
please help.
thank you
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  F E Smith replied 7 months ago.

I see that you have asked for a telephone call and I’m happy to do that. It is called a Premium Service for which there is an extra cost. I will submit that for you shortly. You can accept or leave till later.

Meanwhile, can you please tell me whether he is a chartered or certified accountant or regulated in some other way? Is he still practising as an accountant? Thank you.

Customer: replied 6 months ago.
HI F E Smith
I think he is certified accountant. What I know is he has two branches one in south east and one in Midlands.
Expert:  F E Smith replied 6 months ago.

If he has in effect “stolen” your business model, then make a complaint to the Institute of Chartered Accountants for conduct likely to bring the profession into disrepute.

If he is using intelligence and intellectual property or any databases which you gave to him as part of his accountancy duties, then you may have a civil claim to get an injunction to stop him continuing in business.

It’s unlikely that the police would be interested.

Customer: replied 6 months ago.
That's exactly what has happened. How do I go about to get injunction to stop him continuing ?Many thanks
Expert:  F E Smith replied 6 months ago.

There are two different matters here. Taking your databases and intellectual property and also “stealing” the intellectual property in your idea.

There is no intellectual property in an idea. So, if you come up with a fantastic business model that is nothing to stop someone else copying it.

For example, you come up with a business website which compares insurance premiums from all the insurers. You cannot copyright or otherwise protect. It was possible, there would not be the number of price comparison sites that there are.

If however he has actually taken physical data and is using that, it is theft becomes a police matter. A financial adviser was recently ordered to pay £10,000 compensation and get a criminal record for taking a client database from his previous employer. It is not the names and addresses which is the intellectual property the actual list that contains them.

So, you can only apply for an injunction if he has taken that data which also is a police matter. If he has just taken the idea, then it’s a complaint to his Regulator.

If you’re applying for an injunction you do it under Civil Procedure Rules Part 8 but be aware that if your injunction fails the court does not consider that you have a course of action, you could end up with a substantial legal costs order against you.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8702
Experience: I have been practising for 30 years.
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