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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48719
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am the owner,employee and director of my Limited company.

Resolved Question:

I am the owner,employee and director of my Limited company. I am also the only employee. I hired in a self-employed painter for the day who has then fell off a pair of stepladders and broken his wrist. In his statement he has fabricated lies to make this look like it is my fault and he has now put in a claim against me.
I am not sure how to proceed with this. There is no assets or money in the company and personally I am in dept.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Is the claim against you personally or the company?

Customer: replied 1 year ago.
It appear to be against the company as the claims letter is addressed to the company
Expert:  Ben Jones replied 1 year ago.

If the claim is made against the company then as a limited company it will have its own legal liability and you will not be personally responsible for its debts. So the company will have to meet its own liabilities and if it is found guilty it will be responsible for paying any compensation out of its assets. If there are no money or assets left then the company could simply close down or become insolvent and it is unlikely that the claimant will get anything of what he is due. He will simply become a creditor of the company and get a proportion of what is left, which is distributed in a strict order. If there is nothing left then he gets nothing so making a claim does not in any way guarantee that he will get any sort of compensation.

So you can either consider closing the company now if it is feasible or just defend the claim and hope it either does not succeed or if it does – remembering that if there is no money or assets he will unlikely get anything anyway.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
Ben thank you for the answer, it is very much appreciated. If I have anymore questions I will get back to you in due course. I will rate you 5 stars, thanks again!
Expert:  Ben Jones replied 1 year ago.

you are most welcome

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