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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Dear sirs I wondered whether you were able to provide some

Resolved Question:

Dear sirs

I wondered whether you were able to provide some initial legal advice without obligation regarding a dispute my client has relating to a previous performance engagement.

The facts in this matter are:

1. My client, Mitchell Harper, performed the role of ‘choreographer’ for the 2013 Christmas show presented at Freshwater Holiday Park.

2. My client believed he had entered into a formal contract with Freshwater Holiday Park. A standard contract was presented to my client by the Entertainments Manager who effectively produced the production. The parties to the contract were listed as Freshwater Holiday Park and my client. My client’s fee was £1,350 of which he has only been paid £1,000.

3. We have written to Freshwater Holiday Park requesting payment of the outstanding £350 but they have denied liability.

The stance taken by Freshwater Holiday Park is that:

1. The Entertainments Manager engaged my client as a personal arrangement between the two and they deny that any contract exists between Freshwater Holiday Park and my client. They claim that the Entertainments Manager was not authorised to enter into a contract on their behalf.

2. The £1,000 my client received was paid directly by the Entertainments Manager out of his own pocket and they accept no liability at all.

The stance taken by my client is that:

1. He believed, quite reasonably, that he had entered into a formal contract with Freshwater Holiday Park. There is clear intention of an offer to contract, and a fulfillment of that contract from my client. Unfortunately, my client was never sent a countersigned copy of the contract, even though he has emails to support the fact Freshwater Holiday Park had received and acknowledged the version he sent to them signed by him.

2. He understood that the £1,000 received was paid by Freshwater Holiday Park and not by the Entertainments Manager personally.

3. He understood that the Entertainments Manager, who was a full time employee and senior member of staff, was duly authorized to act on behalf of Freshwater Holiday Park.

The Entertaiment Manager has since left the employment of Freshwater Holiday Park.

We believe that we have a strong case in principle for taking legal action against Freshwater Holiday Park for the outstanding £350 but as you can appreciate, any formal legal fees might very quickly eat into that amount making a claim difficult to justify.

I am confident to pursue this matter through the County Court small claims process but would appreciate some initial advice as to whether this might be appropriate/successful.
Best regards

Shaun Critten
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How was the £1000 paid please?

Hello Alex, thank you for answering and I understand your position.


The £1000 was paid directly into my clients account by bank transfer. There were no identifying details on my clients bank statement to confirm who the payee was but it was believed to be from Freshwater as my client had only a few days before chased up payment.

Alex Watts : Who is named as the parties on the contract please?


This AGREEMENT is made the 7th Day of November between FRESHWATER BEACH HOLIDAY PARK (hereinafter called the Management) and Mitchell Harper (hereinafter called the Artiste). "


I have a copy of the contract if it is easier to send to you.

Alex Watts : No that's ok.
Alex Watts : Well the contract is clear.
Alex Watts : This states freshwater.
Alex Watts : And the employer is vicariously liable for actions of their employee
Alex Watts : This means that freshwater are liable.

That too is my understanding

Alex Watts : You should pursue back the remaining balance, either by letter or through the county couy.
Alex Watts : court
Alex Watts : They are trying it on
Alex Watts : A contact is a contract
Alex Watts : Can I clarify anything for you about this today please?

That also is my understanding. The fact that the contract is unsigned is unfortunate but I understand that there is a clear intention here to engage my client.


Can you clarify on what basis I should seek a claim through the County Court?

Alex Watts : Breach of contract,
Alex Watts : It is a debt,
Alex Watts : And that means when you pursue you can also claim compensation under the late payment of commercial debts interest act
Alex Watts : Can I clarify anything else?

That also is my understanding. Thank you Alex you have been very helpful. Will I get an email transcript of this conversation?

Alex Watts : Once you rate the format changes so you can copy and paste it
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’.Please bookmark my profile if you wish for future help:

Thank you Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
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