Cease and Desist

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  • #1691
    curlysalter
    Participant

    Hello,

    My wife and “s friend” started a cupcake business 2/3 years ago.

    They are 2 housewives operating from their respective homes selling online and via various food fairs.

    It is more of a sideline for extra cash for them as they cannot work for anyone else because of children. Nevertheless, they make a decent return.

    Her friend has now decided she no longer wants to work as a partnership and to go it alone.

    She still trades under the name of Dotty Cupcakes and retained the website, without agreement from my wife.

    What can we do to prevent her using the name they both built up together and to close down the website?

    Thanks,

    Craig

    #2036
    Jonathan Lea
    Keymaster

    Hi Craig

    Sorry for the slow response, I’ve finally fixed this forum so I get email notifications of new posts and spam comments are prevented.

    In the first instance, you need to get relevant legal advice and send your wife’s former business partner a carefully worded letter, preferably from the law firm directly. I presume they didn’t incoporporate a company and just operated an informal partnership. In which case the Partnership Act 1890 (yes, its that old) will apply (and any partnership agreement they signed, or agreed to in writing) and you need point out her breaches of the Act (and contract) and the fact that your wife will waive any claims if a figure is agreed for your wife to be bought out at and a formal partnership deed of cessation/dissolution is signed between them. They should decide on an independent accountant who can produce a valuation of the business to base your wife’s buyouy payment on.

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