**termination with no notice - breach of contract**court case *help needed*

[KittyCat]

Is it unfair (i.e. you don't think it's fair), or Unfair (i.e. falls under the Unfair Contract Terms Act). There is a vast difference here.



No - you need to prove beyond the balance of probabilities that it did not take place. You are the one alleging that it did not happen, but under English law it is the person making the allegation that needs to prove it, not the other way round.

By the way - when is the case in court?

Is it unfair?

Thats why we need courts? as my opinion (& I'm sure many other contractors that have been on the receiving end of this stuff) & the agencies differ.

I can find nothing anywhere that tells me it is fair - I can find lots to tell me it is'nt.

The claim is breach of contract under the UCTA - so eventually we will find out?

No specific date - will be in new year - although when I have some time off work I'll prepare the court bundle & get some proper legal advice.

Then, if I can go for summary judgement I will.

The agency only turned up to court once - to try to dismiss the case - they did'nt bother turning up for the first allocation hearing - it was ordered if they failed to turn up again Judgement would be in my favour. Now they're not bothering to disclose as per the directions.

[KittyCat]

The law is an ass. True story. If your case is reliant upon one set of regulations supporting or even not contradicting another, you may well be on to a loser.

To illustrate a point, look at how the Rehabilitation of Offenders Act is substantially undermined by the Police Act 1997. I use this example because it also relates to employment law.

I haven't re-read the thread yet so I have to ask the question; Did you not realise that you could have taken advantage of PCG (or other) insurances to mitigate the chance that an Agent/Client would breach a contract?

Dont have any insurance - have never needed!

[KittyCat]

remind me how many 10's of thousands pounds we are talking about here?

seems like a lot of effort.

Not 10's of thousands - but thats not the point?

Its not that much effort?... bit of reading, typing, & a day out at court.

[tractor]

..

Dont have any insurance - have never needed!

I think you may be well advised to wait for the judgement before making that statement.

[TheFaQQer]

I don't think anyone's asked yet - are you a member of the PCG?

Their legal helpline would probably be able to recommend an expert in this area (as well as advising whether they think the case is winnable or not).

[malvolio]

I don't think anyone's asked yet - are you a member of the PCG?

Their legal helpline would probably be able to recommend an expert in this area (as well as advising whether they think the case is winnable or not).

Don't be silly. "Dont have any insurance - have never needed! " and probably thinks PCG is another broker.

[SueEllen]

Not 10's of thousands - but thats not the point?

Its not that much effort?... bit of reading, typing, & a day out at court.

It may be a few days over a few more months.

You obviously are unaware of the tricks people and companies use to drag out court cases.

[prozak]

Not 10's of thousands - but thats not the point?

Its not that much effort?... bit of reading, typing, & a day out at court.

Well it is the point to me.

A bit of reading and typing. OK Can live with that.

A day in court.... or two.... you are losing revenue.

There has to be a point where it is not worth pursuing.

[TheFaQQer]

Well it is the point to me.

A bit of reading and typing. OK Can live with that.

A day in court.... or two.... you are losing revenue.

There has to be a point where it is not worth pursuing.

At least if it's small claims court, you can't get hit for their legal fees as well. But small claims you can't go for more than £5k.

I'd have given up long ago, but if KC wants to fight it then all credit. If (s)he wins, then contractors that get terminated will at least have a case reference to help fight if they want to. Unless, of course, it's such a landmark ruling that no-one goes near contractors again.

That said, even if KC wins the first round, I would expect an appeal, so you're into a much costlier and long-term battle.

[KittyCat]

Costs

It is'nt small claims - so I'll be claiming costs, lost revenue, time spent on the case etc

I've submitted invoices to the Agency for the notice & the remaining weeks on the contract .. thought I might as well...