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

[KittyCat]

If loss can be shown then yes. Either through libel or malicious falsehood.

However costs and the burden of proof are high in cases like this.

I've claimed for the loss of the remaining contract - maybe I should claim for loss of opportunity from the permanent position offered?

Incidentally I've just started to get unsolicited emails from one of the subsidiary agency's - who I have heard nothiing from since it happened - whom I did work thru before & had great references - coincidence? I never heard from the agency after what happened or any agency associated - nothing! ...but now?

I was told at the time of the incident that the clent was their only client - therefore they have no further contracts for me!

I do, again, have it in writing.

[KittyCat]

For malicious falsehood, you would have to prove that it was a lie and that the lie was designed to cause damage or harm.

Libel is defined as "published statements which are alleged to defame a named or identifiable individual (or individuals) in a manner which causes them loss in their trade or profession, or causes a reasonable person to think worse of him, her or them." So you would have to prove that the statements were published (e.g. in an email) and that they caused loss or the recipient would think worse of someone because of the statement.

The burden of proof for defamation is reversed - it's up to the defendant to prove truth rather than for the litigant to prove otherwise.


So, if there was a false statement (which was not a malicious lie) which led to loss of earnings, then you could sue for libel / slander (depending on the medium). If it was deliberate, then malicious falsehood is the one to try.

But as I said, either will be horrendously expensive.

I can prove the lies! does it make any difference that the lies were from someone I dont know? who is on their graduate scheme? ..i.e. they got someone to defame my services - who was totally dis-associated from me? but also no comeback on them? Graduate & stuff?

when I left on the Thurs evening at end of play at work, my boss thanked me & saw me walk out with the company laptop driving 150 miles back to home - said nothing!

The fact that he let a contractor leave with company property & access! says a lot! Slimey & devious & STILL will not put his name to anything - thatw why I want the discussions - it should be my manager & the client - as per assignment - there is nothing that this actually occurred?

Despite all - at some point my manager at client is going to speak up - I really dont see where anyone is saying you sign a contract - thats it? It simply IS NOT? & actually thats the one thing we should be proud of?

If I really took on board that a contract is legally binding no matter what - so long as you sign! then hey every evil thing in this world would be acceptable

[northernladuk]

I've claimed for the loss of the remaining contract - maybe I should claim for loss of opportunity from the permanent position offered?

How can you do that? We spend a lot of time and effort trying to disassociate ourselves from permie positions and IR35 so to stand up at court and then insinuate your role is the same or leads to a permie role can't end well for a number of reasons surely.

Incidentally I've just started to get unsolicited emails from one of the subsidiary agency's - who I have heard nothiing from since it happened - whom I did work thru before & had great references - coincidence? I never heard from the agency after what happened or any agency associated - nothing! ...but now?

Maybe you are on their system and as you have been dealt with recently you come to the top of their searches. What type of mails?

[d000hg]

I can prove the lies!

In what way? An email from agency saying someone blamed you for something? The agent could be lying or mistaken. Do you have concrete evidence from the person making these claims?

[KittyCat]

For malicious falsehood, you would have to prove that it was a lie and that the lie was designed to cause damage or harm.

Libel is defined as "published statements which are alleged to defame a named or identifiable individual (or individuals) in a manner which causes them loss in their trade or profession, or causes a reasonable person to think worse of him, her or them." So you would have to prove that the statements were published (e.g. in an email) and that they caused loss or the recipient would think worse of someone because of the statement.

The burden of proof for defamation is reversed - it's up to the defendant to prove truth rather than for the litigant to prove otherwise.


So, if there was a false statement (which was not a malicious lie) which led to loss of earnings, then you could sue for libel / slander (depending on the medium). If it was deliberate, then malicious falsehood is the one to try.

But as I said, either will be horrendously expensive.

Thanks - now thats constucive

[KittyCat]

Accepted it as part of being a contractor - that's why I get paid a premium, because I can be dumped any time with no notice.

Well I guess thats the difference - I'm a business.

[KittyCat]

Accepted it as part of being a contractor - that's why I get paid a premium, because I can be dumped any time with no notice.

so you get paid a premium to be disposoble - not for your skills ? THATS why contractors are under valued

[KittyCat]

A sockie is another account someone starts just to mess about on anonymously so if it gets banned they don't lose their main. Generally used to troll.

OP = Original Poster

Do they make phones that aren't smartphones nowadays? I thought they were just those things with massive numbers my mum has.

Why would anyone bother to do that? they must have loads of time? - why would anyone think I was thr my posts? trolling - is'nt that looking for business? never done that either.

[KittyCat]

Why? It is just hearsay and conjecture as you have no evidence and didn't see it through to a result? Will this type of thing not weaken your case as you are not sticking to facts and making unfounded accusations? (serious question actually)

I'll stick to the facts

but if I'm asked about anything I'll tell the truth i.e directors call - would that be heresay?

[KittyCat]

Disclosure Evidence

I have now read! OMG emails from client are dated 7 months after the event? NOTHING before that? is that seriously going to stand up in court?

The agency have lied in emails saying there was no issue when I had allready escalated? The Agency is also stating I made no claim to be a victim of bullying - I was (its their culture?) & did, & it was true - but know it has nothing to do with this case .. or so I thought? why is that an issue - conractors having no rights & stuff, why would the bullying be an issue?the agency keep stating in all emails it will be dealt with then intenally? that they've had no corresponence from me - lies.

There are NO witness statements - in court last time they said there would be at least 2/3 from client - have produced nothing - not even from their own consultant.

Can someone tell me what happens when a business lies in court?