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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71129
Experience:  Over 5 years in practice
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Hello there I had cosmetic surgery performed last week,

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Hello there

I had cosmetic surgery performed last week, I saw surgeon for consultaions in London he performed surgery in Paris, we agreed the following would be done

1. botox £350
2 Rhinoplasty £ 4200
3. Lipo and Fat transfer £4200
4. lower Blepharoplasty £2000
5. Upper Bleph £2400

Total cost 13150 this was paid prior to operation on 20th march

On the day only the first three proceedures were performed,

How do I go about in a legal and professional amounts to recover amounts paid for work not done , I am happy with the work he has performed and don't wish to spoil our professional relationship , what is my legal position

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I need to establish whether this comes under English law or French law.

What terms and conditions did you sign?

Where is the surgeon normally based?

Why did you see him in London?

Have you paid upfront in full? How have you paid?
Customer: replied 4 years ago.

Already replied

I haven't seen anything?
Customer: replied 4 years ago.

No terms and conditions signed only consent to operation forms


The surgeon is based mainly in London and Paris also Switzerland, I had my consultations in London at the Wellbeck Clinic, but chose to have surgery in Paris as costs were cheaper there..


I saw him for consultation in London as it was more convenient and he does practice from there.


I paid in full up front by bank transfer, I was given receipts for all payments.


If he is refusing to carry out this work for any reason or of years refusing to refund you or he is simply ignoring correspondence, I would write to him and tell him that unless you get either a concrete proposal to have the work completed within the next 21 days, or unless he makes arrangements to refund you the amount of money in respect of the carried out work,, you will issue Small Claims Court proceedings against him without further notice.

Here is the link to the Small Claims Court service

It would be completely understandable if you would rather not have this person carry out the rest of the work with bad grace because although you could obviously claim against him if the work is done negligently, I am certain that you would rather not have the problem.

It would be for him to argue whether this is the jurisdiction of the English courts or the French courts. The rule is that the correct jurisdiction is where the contract is substantially performed. That doesn't literally mean carrying out the work where the contract was formulated. Contracts can easily be exchanged and completed in England and Wales even though the actual task is performed elsewhere

Can I clarify anything for you?

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