Are domain names company assets? Tribunal award not paid, now bailiffs going in

[no1mum]

In 2005, whilst pregnant, I had an employment issue with my former employer - they stopped paying my wages & didn't pay me any of my Maternity Pay. I took the company to an Employment Tribunal and I won. They were ordered to pay me £8500 in unlawfully deducted wages, Maternity Pay & compensation. It is now 2008 and I still haven't received the money from them as they say they can not afford to pay.

 

I am now going through the county courts to get a CCJ against the company which means I can send in the bailiffs to recoup the debt.

 

However, the company is a web design company and leases most of the computer equipment. This means there will not be much for the bailiffs to take. But one thing they do own are domain names. They own numerous town names for the area in which we live and are currently running them as town portals and charging for advertising on them. I know they make an income from this.

 

So my question is...

 

can these domain names be considered company assets?

 

And if so can they be taken away from the company as part payment for the debt owed to me?

 

As I am a web designer I know I can use these names to generate an income, and would be more than happy to continue running them.

[bed32]

I don't think you need a CCJ to send the bailiffs in to enforce a Tribunal Award, I think you can send the bailiffs in on the basis of the award itself.

 

The right to use a domain name is of value, and therefore an asset, but I don't think you can get the bailiff to seize one - and in fact it may not even be a transferable asset.

[buzby]

Inclined to agree, on paper the value of a domain is nothing - it isn't tangible, the value would only exist if there were someone else willing to take it on (and create a'market' for it). It's rather the same in the MD has a personal plate on his car, say 'MD 1' - the plate itself is worth nothing, only the transfer to a recipient that it willing to pay for it.

[hanzo]

I doubt a bailiff could seize a domain name. Nominet and ICANN would need a court order to effect a transfer. The domains are a business asset, but they're not really worth anything until they're sold. Have you considered sending the company into liquidation?

[Weird Al Yankovic]

In this instance the domain name is worth something as it appears the OP is willing to take it on in return for a reduction of the debt owed. The OP is therefore the market for what is essentially an asset.

 

However, I'd guess it would be a bit of hassle getting the domain released to the OP in these circumstances.

 

Does this company rent or own their premises?

 

Also, the debt hasn't been challenged and obviously exists so you may wish to consider serving a Statutory Demand although these should be followed through and will cost quite a bit of money in doing so.

 

Finally, it takes some simple paper work to complete in order to enforce a tribunal award through the county court and I would personally do this in order to gain an 'Order To Obtain Information' against a director of the company so you can evaluate the financial situation and what action to take.

 

Good luck.