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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3670
Experience:  Solicitors 2 years plus PQE
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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: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.

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

Customer: replied 1 year ago.
Hi AJ - can we reconnect on this matter please?
Expert:  Alex J. replied 1 year 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 1 year 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 1 year ago.
Hi AJ - can you update me on my last reply please?
Customer: replied 1 year ago.
Hello AJ. Can you respond please?
Expert:  Alex J. replied 1 year ago.

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

Kind regards AJ

Expert:  Alex J. replied 1 year 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 1 year ago.
Hi AJ - the UK address was that of a wholly owned subsidiary business.
Customer: replied 1 year ago.
Hi AJ - how do we keep the discussion going here?
Expert:  Alex J. replied 1 year 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 1 year 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 1 year 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 1 year 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.