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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own a UK retreat company and my partner owns the Malta retreat

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I own a UK retreat company and my partner owns the Malta retreat company. We had a guest slip and fall on the premises in Malta and she is seeking compensation through the UK company. They are 2 separate incorporated companies. When this lady booked she rang through to my partner who took her booking over the phone in Malta in the Malta office. At the time he rang through the card payment to the UK company as he was lending the UK company some money which I then transferred back to the Malta company at a later date. This lady extended her stay at the Malta retreat by another week and that money was paid straight into the Malta merchant account. My question is should it not be the Malta company she takes to court as opposed to the UK company as at the time she booked it was through the Malta booking office and her accident happened at the Malta company retreat.
Hello my name is ***** ***** I will help you
Just to be clear was it the uk or Maltese company she paid for the stay?
Customer: replied 2 years ago.

Her card payment was rang through into the UK company for her first week stay and transferred across to the Maltese company. This payment was for her stay when she slipped and fell.

She then decided to extend her stay by a second week and this was paid into the Malta company.

Ok.,I think that causes a problem. It makes no difference whether it was transferred to the Maltese company from the uk company, she paid the uk company event in part.
Given there is some evidence of a contract with the U.K. Company if it was me advising I would say claim against both the uk and Maltese company. The difficulty is that the U.K. Company has been paid and therefore some argument that a claim is against the uk.
You should pass this to your insurers ASAP to deal with.
I am sorry if this nor the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Okay Alex, thank you for your reply.

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