Introduction
1.The claimant (“YNNY”) was incorporated on 7 November 2018 by its sole director and shareholder, Georgina Tang. It serves as the vehicle for her business in the manufacture and sale of skin care products, a business previously conducted by Ms Tang in person.2.The first defendant (“KMS”) sells skin care products. It, too, was set up as a vehicle for an existing business, that of Kate McIver, now deceased. KMS was incorporated on 20 August 2018 and started trading shortly afterwards. The second defendant, Christopher John McIver, is the widower of Ms McIver and is the personal representative of her estate, under her maiden name Kate Eleanor Dyment.3.The dispute concerns an anti-age skin serum called “Elixir”. It was created in June 2015 by Ms Tang. From about that date until November 2018 Ms Tang made Elixir and supplied it to wholesale and retail customers around the UK. Since then YNNY has conducted the business.4.5.Insofar as any of these torts were committed by KMS, YNNY alleges that Ms McIver was jointly liable for the tort and that Ms McIver’s estate is now accountable for everything in her place.6.7.Daniel Metcalfe appeared for YNNY, Michael Smith for KMS and Mr McIver.
