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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My partner and I own a small newsagents shop, In Sept 2013

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My partner and I own a small newsagents shop, In Sept 2013 we answered an advert in a trade magazine to take part in a tv show about small independent shops having trouble with shoplifting. We agreed to be filmed in return for them to give advise and to adjust our cctv and counter layout at their cost, by profesional people. Staff and I signed a release form, but my partner Chris never did. They changed the cctv system, and moved our counter around. when done, the cctv had 3 blind spots that were not there before, and a false floor behind our counter moved about, causing a trip hazard for staff. After 10 weeks of waiting for their people to come and fix things properly, I ended up doing the fixes myself. As they did not keep their part of the deal, we have told them that Chris does not give permission to be included in their tv programe. They have replied they are not able to take out our part of the programe. Is there any way we can stop them using Chris in the show, as they didn`t do the fixes they said they would, and he has not signed a release form?

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What are you getting in return, if anything please?

Customer:

we got advise, and supposed to get cctv added to to make it better, and any shop fittings changed to help with security, both of these were done, but very badly, and had to be put right by me

Alex Watts :

Did they give you a contract to say they would do the things?

Customer:

no

Alex Watts :

But they said they would do certain works? Was this in an email?

Customer:

no it was verbal, although i have lots of emails trying to get the problems put right, and got replys saying things like, sorry you triped on the unsafe flooring, I will contact the carpenter to come and fix it, he never did

Alex Watts :

Sadly I don't think you would get an injunction because a Court would consider you could be compensated instead.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?


 

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Alex Watts :

Can I clarify anything for you?

Customer:

So are they able to use film footage in our private lounge to use on tv without having a signed release form giving them permission to do so?

Alex Watts :

They should have permission - but if it went to Court and you sought an injunction Chris would be asked did he know of the filming and what was going on.

Alex Watts :

If Chris says yes as I suspect it was obvious and spoken about a Court is more likely to award damages for the payment rather than stop production and airing.

Alex Watts :

That is what a Judge has to weigh up when considering an injunction particularly an ex parte one - can one party be compensated for their loss?

Alex Watts :

If he wants to seek an injunction then clearly he will need legal representation.

Alex Watts :

The cost of issue is £175 to start the process at Court.

Alex Watts :

If the TV Company object then the matter will be set down for a trial on the issue. I suspect they willl.

Alex Watts :

He would then have to pay for a Solicitor to draft paperwork and represent him in Court. A Solicitor is likely to charge around £150 per hour and the time spent to trial would be around 20 hours or so.

Alex Watts :

Then there are additional Court fees to pay for a trial.

Alex Watts :

These are around £1000 or so.

Alex Watts :

If Chris wins he would get most of his costs back, but not all. If he loses then Chris would also have to pay most of the TV Company legal costs.

Alex Watts :

This is why a Judge is more likely to order compensation rather than an injunction

Alex Watts :

Am I able to clarify anything or give you more information please?

Customer:

ok, so they get their tv programme as they wanted, when we were left with a H&S issue as in a trip hazzard left by their workmen?

Alex Watts :

H&S issue is another matter all together and entirely separate from the release issue.

Alex Watts :

But you can issue proceedings for the costs you have incurred.

Alex Watts :

Does that clarify?

Customer:

yes, so I can claim for costs, but they way they have conducted theirselfs means nothing

Alex Watts :

I agree - the way they have conducted themself is not great. But that in itself does not give rise to an action

Customer:

Ok, not great news, but at least we now know where we stand

Customer:

Thanks

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


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