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Threatened with being sued

Threatened with being sued

Postby Ninjaturtle » Fri Dec 18, 2015 12:10 pm

I have a rather complicated situation, where I am and my company are being threatened with being sued, third party debt orders etc

The only issue i have is they threatening to bring my wife into the claim, yet she has had not involvement in the business, apart from me using her bank account to pay one of these companys invoices (for small amounts)

Is that enough to join her in any claim?,
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Re: Threatened with being sued

Postby atticus » Fri Dec 18, 2015 12:29 pm

It may be.

Mrs Ninja would have the right to defend a claim against her.
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Re: Threatened with being sued

Postby Ninjaturtle » Fri Dec 18, 2015 12:34 pm

Could you explain how paying invoices from a personal account would allow her to be joined to a claim, against myself and my company. This an issue of alleged intellectual property, the company in question is a ltd company
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Re: Threatened with being sued

Postby atticus » Fri Dec 18, 2015 12:43 pm

That is a question you should ask the person making the claim. They know the facts and circumstances on which they rely.
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Re: Threatened with being sued

Postby diy » Fri Dec 18, 2015 12:48 pm

Worth a read:
https://en.wikipedia.org/wiki/Piercing_ ... orate_veil

You should also read up on the Copyrights Designs and Patents Act (if its relevant to the claim for IP). As it covers remedies which they may wish to rely on.

http://www.legislation.gov.uk/ukpga/198 ... chapter/VI
My suggestions are not legal advice
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Re: Threatened with being sued

Postby dls » Fri Dec 18, 2015 2:44 pm

If she is paying a bill it is a reasonable assumption that she is involved enough in the business to be worth including in an action against it.

It may well be that she can displace that inference, but I would start in the same way.
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Re: Threatened with being sued

Postby Ninjaturtle » Fri Dec 18, 2015 3:26 pm

dls wrote:If she is paying a bill it is a reasonable assumption that she is involved enough in the business to be worth including in an action against it.

It may well be that she can displace that inference, but I would start in the same way.


Thanks, yes i simply used her account to pay some very small invoices as i had no business account opened at the time and it was just easier to user her account
This is also action against a limited company.
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