Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Please can you provide some background information on the nature of your business and the issue you are having with the customer so that I can advise you best. Thank you.
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. Even though there was no written contract in place there would have been an implied contract. So if either party wanted to terminate the services, they would have been expected to give ‘reasonable’ notice.
What is a reasonable notice period will vary greatly and will depend on the individual circumstances, industry practices, length of agreement, frequency of payment, etc. There are far too many variables to consider, which means it is usually impossible to give a precise indication as to what would be reasonable in each case. It is therefore down to the courts to make that decision.
If there was a serious breach of contract by the other side then it would have been possible to terminate without notice so if you believe that there was a serious breach and you wish to rely on that you may do so, but it must be a serious reach which makes the contract impossible to continue.
If there was no serious breach and the contract was terminated without notice then it may be possible to claim breach of contract and seek compensation for damages but they must show that there were genuine losses incurred which were directly resulting from the breach and were unavoidable. The other side would also have a duty to mitigate their losses so if they could have but did not, then they may not necessarily be allowed to claim.
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You are most welcome