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Is a Court order possible?

Is a Court order possible?

Postby mowerman » Tue Jun 06, 2017 6:58 pm

A contract between a main contractor and a sub contractor states that the sub contractor must not solicit or accept work from the main contractor’s clients.
In breach of that contract the main contractor believes the sub contractor has indeed worked directly for several of the main contractor’s clients but to obtain sufficient proof would be an expensive exercise and a cost which may not be recoverable in any proceedings.
The main contractor could request from the sub contractor a list of those clients but is unlikely to get a response. Is it possible to ask the court for an order instructing the sub contractor to provide such details?
Thanks.
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Re: Is a Court order possible?

Postby atticus » Tue Jun 06, 2017 7:48 pm

Yes; that sort of disclosure order is common in such cases. A claimant needs this information in connection with an application for an injunction and/or for his damages claim.
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Re: Is a Court order possible?

Postby dls » Wed Jun 07, 2017 4:51 am

Yes, but he is likely first to need some evidence to support the reason to think the question should be answered. Thed court will recognise the sensitivity of the information and the need to protect the new business' own privacy.
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Re: Is a Court order possible?

Postby mowerman » Wed Jun 07, 2017 7:13 pm

Thanks folks.
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