How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UK-Justice Your Own Question
UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
41133288
Type Your Law Question Here...
UK-Justice is online now

I am wanting to take a company to court over total non performance

Customer Question

I am wanting to take a company to court over total non performance of a service contract. value = £4500. The agreement is with a Gibraltar company , and the contract was signed in UK, their representatives are based in the UK, and there is a contract clause stating that any dispute will be settled by the courts of the UK or Gibraltar.

Can I use the small claims ocurt in the UK for this aciton to recover the money.
Submitted: 4 years ago.
Category: Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Yes

Just because a company is outside the uk does not prevent you from issuing a small claim.

The contract even allows for disputes to be resolved in the uk.

So yes you can issue a small claim.

You won't be able do this online because they ate outside of the uk.

But go to your local. Count court and complete form n1

I hope this helps



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

Customer: replied 4 years ago.

 


Many thanks. The answer I had hoped for.


 


The contract was for sale of a timeshare interest entered into in August.. As a result of their non-performance I have incurred additional maintenance charges for 2013. Can I add this cost to my claim

Expert:  UK-Justice replied 4 years ago.
Yes as long as you keep it below £5000





Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 4 years ago.

Tx again.


 


Do you mean total claim cost, or extra expense cost.

Expert:  UK-Justice replied 4 years ago.
Total claim excluding court fees......




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice and other Law Specialists are ready to help you
Customer: replied 4 years ago.

I paid my money into an "escrow" client account maintained by a firm of chartered accountants in London. Can I put them as codefendants in my claim on the basis that they were acting as agents for the company, or would there be a better way of getting them to release the funds to me.

Expert:  UK-Justice replied 4 years ago.
Yes you can add them.

The more defendants the more likely to get payment.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice