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Hello my name is ***** ***** I will help you with this.
For now please let me know whether you have any contract in writing with C or between you and B?
I see you say there is a handshake, but not sure who that is in between.
The handshake was with a person acting on behalf of B
Can you confirm that I will only pay £56 for this info
Yes it is a one off fee.
What contract, do you have with C, if any?
A has been doing business with C for a considerable time - C is awarev of whom B is
Ok. but is there any contract between you and C?
A does not have anything written down, A and C have spoken a number of times in which A has said to C that B is A's customer
Ok thanks. Its bad news then I am afraid to say.
If there is no contract between you and C and no contract save for a handshake between you and B then this is a problem.
If it was never discussed that C would contact B or B would contact C then sadly you can not stop them.
There is no contract preventing contact and therefore nothing in writing which makes it harder
Therefore there was nothing stopping B contacting C or C contacting B.
Sadly there is nothing you can do because there was simply no contract in writing and nothing to prevent B and C talking.
If there had been a contract preventing B doing a deal with C or C with B then you could seek an injunction.
But in the absence of that you can't stop them talking.
I am very sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
If C asked me to procure products why is that not a contract - both A and c have been acting as though there is a contract in place
Yes it is a contract.
But that does NOT stop C going to B
Unless it was a term of the contract.
If you asked C to procure contracts, that does not stop C doing anything else.
Your contract was to procure products, that was it.
There is nothing stopping C going to B unless that was specifically agreed to discussed
It is also the same with B, both A and B have been acting as though there is a contract in place ie the deal will be done between a and b and A and c.
Sadly yes. Unless it was agreed or discussed no contact, you can't stop it
It needs to be a term of the contract
I am sorry
I wish it was better news but there is simply nothing discussed or agreed that prevents contact between the parties.
I am not suggesting that C cannot talk to B, or B talk to C but in the event that that has happened B has broken the contract with A that stated that A would supply these products to B
But it was not a term of the contract that prevented contact or to supply B. Therefore if it is not a term, you can't enforce it as there has been no breach.
If it was a term that C could not talk to B or supply products direct then you would be fine.
But from what you have said, sadly it is not.
Therefore if you took it to Court, you would need to seek an injunction. A Judge would ask on what basis are you seeking the injunction.
You can't say its because of a written contract, because there is not one.
You can't say because it was agreed C would not talk to or supply B because that was not agreed
I am very sorry, but this is why a written contract needs to be in place, to protect your position.
As there is no written contract sadly there is no term that has been breached that you can take action on.
I am very sorry
But if at the time of the handshake there was no doubt that B would always obtain the goods through A what then?
And if at the time of the deal with C then a stated that no contact would be allowed by A what then?
But it was not discussed as a term. Did you say you must not contact C?
If the answer is no, then it is not a term.
I did say that
Did you say you can not get the products from C, then if not then it was not a term
You can assume, but assuming does not mean it is part of the contract
If it was a term that C said no contact then potentially you could sue for breach of contract
But you would have to show to the court it was an express written term or agreed between and and C.
B agreed not to get the products from C
You need to say when it was discussed, words used, who was present, witnesses and prove on balance it was a term
Ok, then I will tell you what you need to do.
If you go to Court and lose then you will be liable for C's costs of defending the action. Typically around £15,000 or so
You need to complete form N1
And form N16a
The court fee just to issue the claim is £250
The Court will list the matter for hearing and decide whether the matter is contested.
If it is then the matter will be set down for a final trial.
The judge will decide in the interim whether to grant an injunction stopping C sending items to B.
If I am in the right what can (amount) I sue for
If the Judge does and it is breached then this is contempt of Court and they can be warned, fined or sent to prison
Further Court fees (not legal fees) are:
How do I refer to this after we have finished
Once you rate the format changes, nothing else.
As for amount you are suing for, loss of profit, but you need to show what it is
Court issue fee £250
Loss of profit for 1 year??
Fast track trial fee if below £25,000 claimed - £545
Above £25,000 fee is £1090
I have to go for a couple of hours can I continue asking a couple of more questions for no extra fee?
Loss of profit for 1 year only
Only if its related. Remember the fee you pay is for limited advice, rather than hours and hours, ie going to a Solicitor on the High Street who charges £200 an hour.
But you put the figure for loss of profit, issue the claim and seek an injunction
But as I have said, if you lose, you are liable to pay the fees
And the difficulty you have is confirming this was a term of the contract
Can I clarify anything else for you?
I think there is nothing else - pls confirm my fee is £56 only
Confirmed its a one off fee.
If I could ask you to rate my answer before you go today please, the button should be at the bottom of the screen