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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13945
Experience:  Senior Associate Solicitor
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I had a kitchen designed and supplied by a leading kitchen

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Hi, I had a kitchen designed and supplied by a leading kitchen company 5.5 years ago, I did the installation and discovered several design issues that didn't allow the supplied appliances to fit into the cabinet units supplied. The supplier has continually ignored my request to rectify the issues, this has caused me to a severe aggravation of an existing mental illness. Can I claim damages for the aggravation of the illness as well as breach of contract? Regards Chris
JA: Where are you? It matters because laws vary by location.
Customer: Worcestershire, England
JA: What steps have you taken so far?
Customer: I have started legal proceedings but my lawyer suggests that the claim for the mental health damages would not be possible.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: This is very basic overview but I have been told I have a strong case for the breach of contract.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

A claim for breach of contract must be issued at court by the 6th anniversary (from the date of the breach). For stress claims, the courts allow up to £3,000 as a result of the breach. If you have a mental illness which was exacerbated, you have a personal injury claim which would require a no win no fee law firm. The issue with personal injury claims is that there is a 3 year window to issue the claim at court, from either the date of the breach or your date of knowledge - i.e. the date you knew your symptoms were made worse due to the company's breach. The court does have discretion to set aside the limitation period under S.33 of the Limitation Act 1980 but there needs to be a good reason. If you lost mental capacity at any time the limitation pauses until you regain capacity. Everyone is presumed to retain capacity unless a medical expert can confirm otherwise.
You would need a law firm in my view - we cannot act as JustAnswer is an internet forum and not a law firm.
Any of these should be able to help, with nothing to pay up front :

  1. http://www.simpsonmillar.co.uk
  2. http://www.irwinmitchell.com
  3. http://www.slatergordon.co.uk
  4. http://www.cfglaw.co.uk

I would recommend you instruct a firm who will source your medical records and they would then pursue the supplier for breach of contract and negligence.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13945
Experience: Senior Associate Solicitor
JimLawyer and other Law Specialists are ready to help you
Customer: replied 17 days ago.
Hi Jim, Thanks for your comments and advice, I will raise this with the lawyers and see where we go from there. Kind regards Chris

My pleasure, best of luck with it, thanks.