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The original contract was with Gala Casinos Ltd which was acquired by Grosvenor Casinos Limited in 12th May 2013.
The other party was a Rat Pack tribute act. They performed at a casino within the specified time restriction and I have now taken both parties to the small claims court. My specific clause to both parties was “Any subsequent engagement of an artiste named, at this venue or as a result of this booking within the 18 month period following this engagement must be arranged through the offices above.”The Grosvenor Casino are defending my claim.
The act has been engaged at the same venue allbeit with a new owner. I have not taken Gala Casino to court but Grosvenor and the artist as I assumed all obligations would be transferred to the new company.The defence from Grosvenor is: The date of the Alleged Agreement is prior to the coming into existence of the Defendant and prior to its' ownership of the Casino. The defendant therefore denies that it is a party to the alleged agreement or that it is or can be in breach of it.The Claimant is therefore required to prove that the Alleged Agreement exists and contains the alleged terms, that the Defendant is a party to it, that the Defendant has breached it and that the Claimant has suffered the alleged loss.Kind regards
They purchased 19 casinos under the Amended Acquisition. I'm not sure about the share capital of Gala but have attached a link to the Agreement to acquire.
Thank you AJ
No, we have not been served notice to terminate. There was a change of legal entity on 27th Jan 2013 to Gala Casino 1 Limited we were just informed of this for our new invoices to be addressed to whilst the company changed. This is the only correspondence we have received.
Based on what you have said, it looks like I should be pursuing Gala Casinos instead of Grosvenor casinos.
Hi Alex. Sorry only just got this one through while I was sending the other.
We received notice that all dealings and new contracts/invoices be made out to GC1 Ltd. during transition. It did not mention transfer of existing contracts.
Hello AlexI am just getting hold of the copy from our office and will get this emailed across. In addition, having just spoken to the Legal Director at Grosvenor Casinos Ltd, he believes our contract is covered under Gala Casinos Limited and not GCL1 which was created after our contract.As soon as I get the notice, I will email it over. Thanks for your help again.Kind regards
Many thanks for the above. I have sent over the letter we received. Also I've spoken to the court as documents were to be delivered today to them and either side.
If I wish to change the Defendant, I need to fill out a N244 at a cost of £155.
I have received notice from the existing defendant that he consents to being replaced by the correct party.
Ive only just received this message sorry. Seems there may be a bug in the system?
The contract in question was agreed with Gala Casinos Ltd and the Invoice was paid by Gala Casinos Ltd before Gala Casinos 1 Ltd came into existence.
I have emailed over my original claim to G (Grosvenor) Casino. The amount is for £1,020.43.
The company Gala Casinos Ltd is still registered at companies house at the same address as their bingo operation that is ongoing but I have no idea if they have any money.
No - we have never provided services for Bingo halls.
Is issuing the N244 to change the defendant to Gala Casinos Ltd the next logical step? I am conscious of the deadline of 30th September to pay a further £80 court fee.
I have not put Gala Casino Limited on notice so they will not know I intend to claim against them. Should I write to them first?
Many thanks for your help.
Thanks very much.
All our contacts were TUPE'd over to the new co.
I'll ring the number in the letter they sent and try and contact Kevin Donohoe from Gala Coral Group who is head of commercial contracts and then pursue it myself.