How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

I am an Australian citizen resident in Australia and have

Customer Question

I am an Australian citizen resident in Australia and have received a MCOL from a former employee who was employed in the UK by my UK registered company.
I submitted a defence to the Money Claim. The Case has now been referred to a County Court for a hearing.
The amount claimed is approx £2,500 and the cost of attending in person is prohibitive.
The Claimant is also withholding company property and no longer has our permission to do so. We have made many requests for its return. The Claimant admits possession and refuses to return it unless we settle his claim in full. The value of the property is £4,000-£5,000.
I wish to ensure that I represent my case properly at the County Court however I cannot find any resources online as to how to do that. I wish to attend by telephone and submit documents as required by the Order.
I also am curious about the rights of the Claimant to hold my property without permission and to use it as a negotiating piece for his claim.
Are you able to help?
Regards David
Submitted: 4 months ago.
Category: Law
Expert:  Alex J. replied 4 months ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Did he have an employment contract? Is he suing you personally or is he suing your limited company?

Customer: replied 4 months ago.
Thank you AJ. He was employed on a letter from the AU company. The AU company is the parent company to the UK company. He as named the AU parent company and myself (person) as co-defendants.
Expert:  Alex J. replied 4 months ago.

Hi Thank you. On what basis has he named you as the co defendant? If he was paid by the AU company and his employment was with the AU company, he has no grounds to sue you for the company? Did his contract require him to return materials on termination of the agreement? Kind regards AJ

Customer: replied 4 months ago.
Hi AJ. He was employed on a letter from the AU company but that actual payroll payments came from the UK company.The UK company is 100% owned by the AU company. I am a shareholder of the AU company and its sole director.I have attached the letter of offer; O'Briens MCOL and our defence that we have lodged for your context.
Expert:  Alex J. replied 4 months ago.

Thank you. I have just received this I will revert to you by tomorrow morning at the latest. Kind regards AJ

Customer: replied 4 months ago.
Hi AJ - can we reconnect on this matter please?
Expert:  Alex J. replied 4 months ago.

Thank you. My apologies for the delay. I cannot see why he has made the claim against you personally - the offer was clearly from your company. Can you confirm why he has submitted the claim to a UK address if you are based in Australia - what is this address?

Have you submitted a defence yet?

Customer: replied 4 months ago.
Hi AJ - he was working from our UK office. That office was leased by our UK subsidiary which was 100% owned by the AU company.I have submitted a defence and it is attached.Are thinking there may be question over jurisdiction?
Customer: replied 4 months ago.
Hi AJ - can you update me on my last reply please?
Customer: replied 4 months ago.
Hello AJ. Can you respond please?
Expert:  Alex J. replied 4 months ago.

My apologies - I have had limited internet access. I am reviewing this now.

Kind regards AJ

Expert:  Alex J. replied 4 months ago.

Thank you. The main issue over jurisdiction is the fact that he has served an Australian entity without permission from the court. His claim seems to use a UK service address - what is the UK service address that he has used? Kind regards AJ

Customer: replied 4 months ago.
Hi AJ - the UK address was that of a wholly owned subsidiary business.
Customer: replied 4 months ago.
Hi AJ - how do we keep the discussion going here?
Expert:  Alex J. replied 3 months ago.

Hi, My apologies this question did not appear on my list for some reason. Did the subsidiary ever pay him? Kind regards AJ

Customer: replied 3 months ago.
it did on several occasions. It was convenient for the HQ to use the local company to conduct bank transfer to UK residents and creditors.Do you think I can argue jurusdiction to the point where the matter is dropped?
Expert:  Alex J. replied 3 months ago.

Hi thank you. You can certainly try and argue the jurisdiction point but the only issue is payments were made from the uk office and that is where his employment was based. A judge may therefore view this as a non issue. Kind regards AJ

Customer: replied 3 months ago.
Thanks AJCan I get your assistance to review my defence and also ensure I have lodged documents properly to the court such that I will not be attending in person?Also, there is the question of the Claimant holding my property without permission.I am happy to agree to further fees to cover this work.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice