Hello my name is ***** ***** I am happy to help you today. Does your business still trade and will you suffer any loss as a result of this?
Did your business run as a limited company?
If the ex employees business is being run in the same name and is relying on goodwill generated by your business then you can argue it amounts to passing off. The difficulty , insofar as bringing a claim is concerned, is that the goodwill should be current. The fact that your business has not traded since 2009 may well therefore cause you a problem insofar as damages are concerned, if it can be proved that the goodwill was 'abandoned' by the closure of the business in 2009 a claim would fail. It is not fatal though in the event it was a temporary cessation, this will be the case especially if the ex employee was aware that you were going to set back up. This would be a matter of evidence for a court to determine if it came to litigation.
From a practical point of view, in the first instance, you should send a letter before action asking them to stop trading under this name and saying if they do not you will take legal action. This will be easier to do if you traded as a sole trader.
If you have any further questions please do ask.
No problem all the best.