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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 16937
Experience:  30 years as a practising solicitor.
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I want to hand in a small claim/simple procedure in

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Hi,
JA: Hello. How can I help?
Customer: Yes, I want to hand in a small claim/simple procedure in Scotland. I do not know though whether through company or as individual
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in Scotland.
JA: What steps have you taken so far?
Customer: We engaged a lawyer who wrote a letter to the opponent, no answer. The claim is £26,000 in total but we do not want to go to court
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The claim is over work done for the opponent. This work was done as a company, but also by an individual. Can we hand in two small claims, one from company, one from employee?

Thanks for your question. I am a solicitor in Scotland and can help you with your question today. Your action cannot be under Simple Procedure if it is for a claim in excess of £5000. It will have to be by way of an ordinary action for which you would need a solicitor if you are not acquainted with the court procedures and drafting requirements. If the work was done by employees of the company then it would be the company that sues. Happy to discuss further. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.

Customer: replied 1 year ago.
Hi, thank you for your answer. My partner and me are running a small film production company. Last year someone came to us asking us to co-produce his project. We verbally agreed that we will do a co production, meaning sharing the rights in the project. It is industry practise to do the contracts after some finance is found and lawyers can be paid. However, he walked after three months full time work. This work was successful, we received first interest in the film project by funders. I did the lion share of the work. I hold 20% of the company. My partner has 80% of the company. I am officially employed in the company. If we now limit the claim to £5,000 for the small claim, can we hand in two claims? One from the company and one from me as an individual?
Customer: replied 1 year ago.
There was also a sound engineer who worked on a trailer for his film. He said that he would pay him, but then did not. Can he hand in a claim as an individual?

The sound engineer can claim on his own as long as he isn’t employed or contracted by the company. As regards ***** ***** the company you can only claim through the company as you were doing the work as an employee of the company, not as a private individual. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.

JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you, ***** ***** a lot!

You’re welcome. Thank you for using JustAnswer.

Customer: replied 1 year ago.
Just another thought, do you think we can hand in two claims by the same company, as two people within the company have worked on his project?
Customer: replied 1 year ago.
I am just trying to get closer to the amount of the actual damage... we have both worked individually on his film.

Not unless there are different contracts, no.