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End client ending contract and changed their minds to pay the notice period payment

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    #41
    Originally posted by northernladyuk View Post
    I read it as email from agent. I guess it's not so clear.
    I have the same impression.

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      #42
      I believe the critical issue here is the delay in returning the laptop. How long was it delayed for?
      Why was it delayed?
      Did the client/agent have to make some efforts to get it back?
      Etc.
      …Maybe we ain’t that young anymore

      Comment


        #43
        Originally posted by WTFH View Post
        I believe the critical issue here is the delay in returning the laptop. How long was it delayed for?
        Why was it delayed?
        Did the client/agent have to make some efforts to get it back?
        Etc.
        It is, but the OP doesn't show up to answer the questions.

        I hate when this happens, they come with a problem and then simply vanish.

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          #44
          Originally posted by Bee View Post

          The contracts have terms and termination conditions between the contractor and the agency to protect both parts, the Agency has another contract with terms and termination conditions with the client. Don't tell me that in the UK a lawyer or a court does not have the power to check the contract between the Agency and the Client if necessary? If not I must conclude that looks like a 3 world country (with no offense). I presume if you won, the blame part will pay all the costs, in the UK no?

          The court would the last choice because you may lose the Client but this is another long story.
          The contract between the aqency and the client is almost certainly classified as "Commercial In Confidence". So no, the contractor does not get to see it, and nor does any court unless a judge says he needs it, which almost certainly not going to happen unless there is a criminal case.
          A court case about B2B payments will always be a civil case.
          You call it 3rd world, but it's probably the most mature legal system in the world and better at protecting wealth than almost all the others.

          It is an adversarial system. Most of Europe use an inquisitorial system instead thanks to Napolean. That is why someone with a vague grasp of European law has no flipping idea about UK (or American for that matter) business laws.

          You accused me of an assumption earlier (which may or may not be wrong), yet you assume an understanding of a legal system which you demonstrably don't have.

          As for costs... It depends.... Like most UK law it's not cut and dry. Generally in a small claims court the costs cannot be reclaimed, but there are, as usual, exceptions. In other courts costs are usually awarded to the winner of the case.

          IANAL
          See You Next Tuesday

          Comment


            #45
            Originally posted by Lance View Post
            Most of Europe use an inquisitorial system instead thanks to Napolean
            Nobody expects that...

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