How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46224
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

My son has recently gone from sole trader to limited. He is

Customer Question

Hi
My son has recently gone from sole trader to limited. He is in dispute with a customer who had works carried out by him when he was a sole trader and as a result it is claimed that damage has occurred structurally to the yacht that he was working on.
The customer provided the product, that was applied by my son as per manufacturers instructions, along with this my son and customer have the records of the temperature etc at time of application. The manufacturers are not accepting any liability and my son is now being pursued.
My question is this . Throughout any trading he has had public liability insurance, however the provider has now changed as part of my son becoming a limited company. Do you know if it is possible that my son can make any claim with the previous insurers that were providing during the time of the works being carried out.regards
Chris
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 6 months ago.

How long ago did the issue arise and how long ago did your son complete the work?

Customer: replied 6 months ago.
Hi
The issue arised two weeks ago, and the work was carried out 2 years ago. He has been limited company for approx 5 months
Expert:  Ben Jones replied 6 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice in a while 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.

Customer: replied 6 months ago.
Thank you. Regards chris
Expert:  Ben Jones replied 6 months ago.

No problem at all

Expert:  Ben Jones replied 6 months ago.

Many thanks for your patience. Whether he can claim through the previous insurance policy will very much depend on the terms of such policy and whether it allows for retrospective claims. The main concern here is that if the policy has ceased to be in existence after he changed trading entities, it will no longer consider any claims, even if they relate to issue which had occurred at the time the policy was valid. With most policies you would have to have a current and live policy to be able to claim but some do allow for retrospective claims if they arise as a result of anything that had occurred at the time the policy was valid. However, as mentioned this would depend entirely on the terms of the policy so what he would have to do now is check these terms (it may have to come down to him contacting the insurer to ask for the terms or ask if this is a possibility they would cover for) and take it from there. In the event that the policy would not cover him then he may be personally responsible for this (assuming that he does admit liability) as his sole trader status means he would have personal responsibility.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46224
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you for your clarity and help. regards chris
Expert:  Ben Jones replied 6 months ago.

You are most welcome

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice