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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need assistance on the matter of summary judgement in the

Resolved Question:

I need assistance on the matter of summary judgement in the UK district courts and legality of term sheet and emails exchanged
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you.

Alex Watts :

Could you please explain your situation a little more?

Customer:

Hello Alex

Alex Watts :

Hello

Customer:

So basically

Customer:

I was in a JV agreement with someone

Customer:

we signed a term sheet

Customer:

agreed for it to be binding

Customer:

he pulled out

Customer:

and only wants to pay minimal cost £300 pounds compared to what he is liable for £20000

Customer:

Im looking to get a summary judgement against him in this case

Alex Watts :

Does he admit the amount?

Customer:

No he doesnt but everything is invoiced

Alex Watts :

OK. What was the basis of the defence?

Customer:

His defence is that since it's a term sheet

Customer:

However, there are email admitting that he would pay for certain items outside of the term sheet

Customer:

so it seems to be a pretty straight forward case.

Alex Watts :

Ok. You can apply for Sj but you need to be sure there is no defence whatsoever.

Alex Watts :

if the Judge considers there to be some defence, no matter how weak, your application will fail.

Customer:

Ok

Alex Watts :

Its designed for useless cases that have no hope whatsoever, not weak cases

Alex Watts :

Can I clarify anything for you about this today please>

Customer:

I have a few more questions yes

Customer:

In an event if he has not performed anything into the company but had not withdrew from the company

Customer:

Does this mean any agreement we had is ceased to be legally binding as he had elected to non perfomrance of the agreement?

Alex Watts : No. The agreement stands until completed or withdrawn
Alex Watts : Does that clarify?
Customer:

Ok so I haven o choice to claim for damages if I want to proceed with doing something that directly competes?

Alex Watts : You need to claim yes. Even if he case is weak summary judgment will fail.
Alex Watts : Does that help?
Customer:

Ok so i should not be afraid of the non compete clause and not take claims against him and put up to him withdrawing for free is the advice?

Alex Watts : Correct
Alex Watts : Does that clarify ?
Customer:

Am I free to start a business with new partners that competes then?

Customer:

Because my ex partner is now using that as a threat to remind me that there's a non compete when I am expressing desires to sought a claim against him

Customer:

So my question is does this non compete stand on concrete evidence of non performances from his end

Customer:

That is my predominant worry

Customer:

a lawyer had said

Customer:

I note that there is no survival clause in the Term Sheet. Please advise if the parties had separately agreed that the “Exclusive and Non-Compete” clause shall continue to be binding despite termination of the agreement.

Customer:

So what shall happen and follow about this regard

Alex Watts :

Non compete I would not worry. If he did not perform then you can claim the contract has been broke

Alex Watts :

If there was no clause saying if breached the non compete continues, then you can

Customer:

is a 6 month non participation a good enough explanation?

Alex Watts :

So you can compete

Alex Watts :

Does that help?

Customer:

cause he has not black and white written anything

Customer:

but has not done anythign for the firm for 6 months nor been in contact about business

Alex Watts :

Indeed.

Alex Watts :

So I would not worry

Customer:

right

Customer:

so if an email says

Customer:

i will pay for X and Y and C

Customer:

even if the business doesnt form due to X and Y reasons

Customer:

I will still share the cost

Customer:

hopeless enough defence?

Alex Watts :

Yes hopefully. But no guarantee of course

Customer:

ok

Customer:

cheers

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