Re: FN-FORUM: Contract termination - any legal experts?

date posted 2nd August 2007 13:58

Cuation contact wrote:

> Well, that is where their established practice comes in. I can point to
> the last 2.5 years worth of invoices where I have specified the number
> of days I have worked and they have paid against those invoices. I think
> that demonstrates that we had an agreed working and billing practice
> regardless of the small print in the contract.
>

That sounds like a bloody good start!

I agree with what Mark says in terms of legal wrangling a "proper" court
case would be likely to cost far more than you could expect to get back,
but as long as the amount is small enough to be dealt with in the small
claims court (less than £5000)it should be reasonably straightforward
and quick.
The important thing is to establish that the other party has been
unreasonable, and back it up with paperwork.
In my experience (not much admittedly)the judges were brilliant,

I found this snippet on the biz link site.

The small claims track

Also known as the small claims court. This is informal and the hearing
is usually held quickly. In a case in the small claims track:

* Evidence is not normally given under oath.
* The claimant and defendant are expected to represent themselves.
You can be represented if you wish, but will not be awarded costs for this.
* You may be able to claim limited costs for loss of earnings while
attending court, travelling and overnight expenses, and the costs of any
witnesses and experts - such as a doctor or surveyor.
* The judge may intervene more than in the other track s as the
claimant and defendant are probably not skilled at presenting a case.
* The judge may propose to decide the case on written evidence
only. You can say yes or no to this.
* At the end of the hearing the judge tells you their decision and
briefly explains the reasons behind it.
* After the hearing both you and the defendant will be sent a copy
of the judgment.


http://www.businesslink.gov.uk/bdotg/action/detail?r.l1=1073858790&r.l3=1073924370&r.t=RESOURCES&type=RESOURCES&site=106&itemId=1073791106&r.i=1073791104&r.l2=1074453392&r.s=sc

Biz link - finance and grants - Debt recovery.

Best of Luck

Carrie