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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32177
Experience:  Over 5 years in practice
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Can you be taken to the small claims court of profits on a

Customer Question

Can you be taken to the small claims court for loss of profits on a website that the person suing claims "wasn't fit for purpose"?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

Can you explain your situation a little more?

Customer: replied 1 year ago.
Hi Jo! I'm a web designer by trade, and have a really problematic ex-client.They became extremely fussy throughout the project, wouldn't take advice or implement any of the marketing strategy I recommended and the relationship broke down. Although the project was completed and paid for, but I couldn't continue working them anymore because they were just awful to me and my team. We parted ways in January, they found someone else to work with.They have sent me a letter today asking for:£1000 (refund on a free support package - no money was paid for this I gave it free as part of the deal, and they used the support time)
£1800 (inc.VAT) work done by their new supplier (new design) which they want me to pay for
£4212 - loss of sales revenue since they left. They have been told they have missed 72 sales - I assume visits to the cart page where people haven't checked out and completed the saleMy terms state this ....1. Laura Dunn shall not be liable to the Customer for any loss or damage, costs or expenses (whether direct, indirect, incidental or consequential and whether relating to loss of profit, loss of business, business interruption, loss of data, depletion of goodwill or other such losses), suffered by the Customer which arise out of or in connection with the supply of the Service or their use by the Customer.
2. The Customer assumes all risks as to the suitability, quality, and performance of the Service.
3. Laura Dunn’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise arising in connection with the performance or contemplated performance of this contract shall be limited to, and in no event shall exceed, the amount originally paid to Laura Dunn for the Service.
4. Laura Dunn shall not be liable for any loss, damage or delay which arises as a result of the termination of the contract between us, or for our compliance with relevant statutory or regulatory requirements.
5. It is the responsibility of the Customer to ensure that the deliverables comply with all laws, regulations and codes in all countries where the deliverables are used. The Customer agrees to indemnify Laura Dunn against any costs arising from the use or misuse of the deliverables.
Expert:  Jo C. replied 1 year ago.

Did they have to pay extra to have the work completed?

Customer: replied 1 year ago.
The work was completed, the site was set live and they paid for it - everything was delivered.This is new work they've had done including new design work
Expert:  Jo C. replied 1 year ago.

Yes, and you were contracted to do it and did not?

Customer: replied 1 year ago.
I was contracted to do it and did the work, they signed it off and paid for it.They have since gone to a new supplier and changed the design and now want me to pay for it
Expert:  Jo C. replied 1 year ago.

On what basis?

What is the reason for saying you are liable?

Customer: replied 1 year ago.
the main point being claiming "lost sales". "We discovered that there had been 72 instances of the product being added to the cart" Consider that adding a product to cart, you then need to go through to checkout, and decide to make payment.68% of website users add a product to cart and don't even go to the checkout, and I would also assume that there were many tests of the website of people adding things to carts - this doesn't even make any sense to me! This has happened since they have moved the site, and they are claiming this is what their developer has told them so its not even an independent claim.All the things that they state as problems are factually incorrect - and we discussed this when we parted ways. I feel like they have decided to use a new supplier and now want to swindle me out of money to spend with them
Customer: replied 1 year ago.
correction *not even an independent report
Expert:  Jo C. replied 1 year ago.

Yes, but why do they say you are liable?

You did the work and they signed it off?