Hello my name is ***** ***** I will help you.
Could you please explain your situation a little more?
I was in a JV agreement with someone
we signed a term sheet
agreed for it to be binding
he pulled out
and only wants to pay minimal cost £300 pounds compared to what he is liable for £20000
Im looking to get a summary judgement against him in this case
Does he admit the amount?
No he doesnt but everything is invoiced
OK. What was the basis of the defence?
His defence is that since it's a term sheet
However, there are email admitting that he would pay for certain items outside of the term sheet
so it seems to be a pretty straight forward case.
Ok. You can apply for Sj but you need to be sure there is no defence whatsoever.
if the Judge considers there to be some defence, no matter how weak, your application will fail.
Its designed for useless cases that have no hope whatsoever, not weak cases
Can I clarify anything for you about this today please>
I have a few more questions yes
In an event if he has not performed anything into the company but had not withdrew from the company
Does this mean any agreement we had is ceased to be legally binding as he had elected to non perfomrance of the agreement?
Ok so I haven o choice to claim for damages if I want to proceed with doing something that directly competes?
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?
Am I free to start a business with new partners that competes then?
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
So my question is does this non compete stand on concrete evidence of non performances from his end
That is my predominant worry
a lawyer had said
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.
So what shall happen and follow about this regard
Non compete I would not worry. If he did not perform then you can claim the contract has been broke
If there was no clause saying if breached the non compete continues, then you can
is a 6 month non participation a good enough explanation?
So you can compete
Does that help?
cause he has not black and white written anything
but has not done anythign for the firm for 6 months nor been in contact about business
So I would not worry
so if an email says
i will pay for X and Y and C
even if the business doesnt form due to X and Y reasons
I will still share the cost
hopeless enough defence?
Yes hopefully. But no guarantee of course