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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61161
Experience:  Qualified Solicitor
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I had an self employed person work for us and because of

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I had an self employed person work for us and because of there negligence they caused us costs in sorting there mistakes out , can we claim against them
JA: Have you discussed this with your HR staff? Or with a lawyer?
Customer: No I haven't I'm a very small business and don't have HR staff and haven't spoken to a lawyer
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does the person belong to a union?
Customer: They where a freelance , no they don't belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

How much would you claim from them?

Customer: replied 11 days ago.
In the region of 40k
Customer: replied 11 days ago.
Is it possible to call me tomorrow
Customer: replied 11 days ago.
Could you call me tomorrow please
Customer: replied 11 days ago.
The reply system isn't working well
Customer: replied 11 days ago.
The reply system is not working

Thank you. To be able to claim you would need to show that this person was negligent to start with, which is measured against what a reasonable person with his knowledge and experience and qualifications, would have done in the circumstances, considering all relevant factors. So to you it may be clear negligence, but under law they would be measured against this hypothetical person and what would have been reasonably expected of them.

 

Next you would have to show that the losses you are pursuing were directly incurred as a result of that negligence and that they were foreseeable and unavoidable and could not have been mitigated by you.

 

In terms of the process, If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

 

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

 

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

 

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

 

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

 

Does this answer your query?

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Customer: replied 10 days ago.
Dear Ben
Thank you for your help
They replied saying that as they where self employed they where not to blame which I disputed and have found out they have no public liability insurance

Just because they are self-employed that does not mean they have no blame, but without insurance it means you have to personally go after them

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