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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68011
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I've some doubts with my contract, London, Termination

This answer was rated:

Hello, I've some doubts with my contract
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: Termination clauses are abusive in my opinion
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. I may also need to ask some questions to determine the legal position.

What type of contract is it?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68011
Experience: Qualified Solicitor
Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 6 days ago.
Hello, I own my Ltd and I'm in the contract for services through an agency with the end client
Customer: replied 6 days ago.
The problem arises because on the termination includes an abusive clause term saying the following;
"In the event of a breach of this clause, the Service Provider shall pay the Company an immediately payable penalty of one hundred and fifty pounds (£150.00) for every day the breach occurs."
Customer: replied 6 days ago.
To me it sounds more like a surviving clause rather than other thing
Customer: replied 6 days ago.
This is the full clause;
10. Restriction
10.1 The Service Provider and its directors hereby acknowledge that the Company expends significant resources in sourcing and maintaining its clients and is entitled to protect its commercial interests.
10.2 With respect to each Assignment, the Service Provider undertakes that it shall not, and the Service Provider shall procure that the Consultant(s) shall not, without the Company’s prior written approval, directly or indirectly provide Services of the same or a similar nature to those Services provided during an Assignment to a Client), other than through the Company. This restriction is valid for the duration of the Assignment (including extensions thereof) and 6 months thereafter.
10.3 In the event of a breach of this clause, the Service Provider shall pay the Company an immediately payable penalty of one hundred and fifty pounds (£150.00) for every day the breach occurs.
Customer: replied 6 days ago.
Hello Ben, are you available?

My apologies, I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Thank you for your question and welcome my name is ***** ***** I will assist your. I have read the contract clause - liquidated damages and penalty clauses are unenforceable for public policy reasons. Can you provide any further detail on the enforceability - is the penalty being claimed from you? Kind regards AJ