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Our website address is: https://www.civil2legal.com.

BREACH OF CONTRACT CLAIMS

A breach of contract can come in different forms but no matter how it happens, there is something you can do about it

Types of Contracts

There are various ways a contract can be made between parties.

A contract can be made in writing or verbally.

A contract can also be made by a person taking action which would indicate their agreement.

Contracts can also be made by the sale or supply of goods and/or services.

Contracts occur in every business. It might be as simple as the agreement with your milkman to deliver the milk and your obligation to pay for it or it might be an order you made with a major supplier.

When is a Contract is breached?

A contract is breached when a party fails to perform their obligations under a contract.

Examples of breaches are:

A company failing to delivery goods after you’ve paid for them
A company failing to provide services or failing to provide services to an agreed standard
A company selling a product that is not fit for purpose
A customer failing to pay an invoice or bill
A party failing to fulfil his obligations within a reasonable amount of time

What to do when a contract is breached?

A breach could have varying effects on you or your business. A breach may result in loss of business or cash flow issues. A breach could have a more serious effect in that it could cause harm, injury or even death. The action you take to remedy the breach will depend on the type and effect of the breach.

As a result of a breach you may decide to not perform your obligations under the contract. However, in some cases, you may have already performed your obligations and therefore you may therefore take legal action for compensation (damages) caused by the breach or instead of compensation, you could obtain an Court order enforcing the other party to perform their obligations under the contract.

CONSUMER RIGHTS / SALE OF GOODS / SUPPLY OF SERVICES

The Consumer Rights Act 2015 (CRA) provides consumers with protection when making purchases for goods and services. It replaced The Sale of Goods Act 1979 (SoGa) and the Supply of Goods and Services Act 1982 (SoGSA) in relation to consumer matters. The SoGA and SoGSA still exist for goods and services in relation to business to business transactions.

The Consumer Rights Act 2015

Whether it be over the internet, over the phone, via a shopping channel, by mail order or on the high street, the CRA provides protection to the consumer. It also does not matter how small or big the goods are, i.e. they could be as small as a keyring or as large as a car.

Consumers cannot always rely on retailers to behave in a lawful or honourable way. It is therefore important that you understand the rights that the CRA provides and what remedies there are to resolve problems when buying goods.

Essentially, any goods that are sold must be:

of satisfactory quality; and
fit for a particular purpose; and
as described.

In addition to the above, any pre-contract information that you have been advised of and relied upon also forms part of the contract. This includes statements made verbally or in writing.

If the goods do not conform to the CRA then you as the consumer do have rights under the act. You can either have the goods:

- repaired or;
- replaced or;
- a refund given or;
- a combination of the above

The CRA now also applies to digital content which also must be satisfactory quality, fit for particular purpose and as described. Consumer have similar remedies to that of goods with the additional remedy that if digital content causes damage to a device or other content then the consumer has the right to have the damaged items repaired.

The CRA also has provision for a consumer contract for services. A service could be as simple as a window cleaner cleaning windows to a builder doing extensive repairs on a house.

A supplier providing a service must provide the service:

with care and skill and;
within a reasonable amount of time and;
at a reasonable price

Again like the provisions about goods, pre-contract information is also binding.

If there is a failure under this part of the act then you as the consumer can seek remedy by seeking an order for repeat performance or a price reduction

The Sale of Goods Act 1979 & The Supply of Goods and Services Act 1982

The SoGA and SoGSA still apply to business to business transactions in the same way as they did before

Essentially, any goods that are sold must be:

of satisfactory quality and;
as described.

A supplier providing a service must provide the service:

with care and skill and;
within a reasonable amount of time and;
at a reasonable price

So if you require any further advice or assistance in this area of law, please do not hesitate to contact us.

DEBT/MONEY CLAIMS

If you someone owes you money then you may need to consider making a claim for the debt via the County Court (or more commonly known as the Small Claims Court).

Before Taking Action

It is advisable to give the debtor a chance to settle the debt before you incur costs of taking legal action.

Quite often a strongly worded letter threatening legal action may produce a settlement from the debtor. Settlement may be in the form of full payment or alternatively be in the case of a payment plan or reduced offer of payment.

It is of course very important for credibility purposes to start chasing the debt as soon as it becomes overdue. You can do this by sending a Letter Before Action (LBA).

The LBA should set out the circumstances surrounding the debt; i.e. how the debt came about; the amount owed and what action you are looking to take if the debt is unpaid. It may also be ideal at this stage to provide documentary evidence to prove how the debt came about and the amount owed. This should therefore remove any doubt.

Consider the Costs of Taking Action

Chasing and taking action against bad debt can be very time consuming, tiring and sometimes very costly especially if you do not have the right tools and knowledge available.

It may be ideal first to risk assess whether it is worth your time and money to chase the debt. You may wish to consider whether the debtor has the ability to pay and whether any legal action will result in increased costs for very little or no gain.

Even if you do take legal action and you ‘win’ your claim there is no guarantee of payment and therefore in these circumstances, you will have incurred legal costs and Court fees chasing debt for no return.

DEED POLLS

If you wish to change your or your child’s legal name then you can use our Deed Poll service.

What is a Deed Poll?

A Deed Poll is a legal document – not a certificate. It is a form of legal contract but it differs from legal contracts between two or more parties in that it only concerns one person (and it is only signed by that person in the presence of a witness). A Deed Poll legally binds the person who signs it to a particular course of action as detailed on the Deed Poll document.

What does your Deed Poll contain?

A Deed Poll for a change of name contains three declarations and by executing the Deed Poll (signing, dating and having your signing witnessed) you are legally committing yourself to:

Abandoning the use of your former name;
Using your new name only at all times;
Requiring all persons to address you by your new name only.

What is the purpose of a Deed Poll?

If you want to change your name and get all your official documents and records changed to show your new name e.g. your UK passport, driving license, bank account, credit card, medical records, etc, you will be asked to produce documentary evidence of your name change. A Deed Poll document is a formal statement that enables you to prove to such record holders that you have changed your name and it provides you with the required documentary evidence of the name by which you wish to be known.

DIRECT ACCESS BARRISTERS

If your legal matter requires the use of a Barrister then we can help you obtain a quote directly via Clerksroom Direct.

If you use Clerksroom Direct, you can compare quotes from over 1,000 Barristers in England and Wales.

ABOUT CLERKSROOM DIRECT

Clerksroom Direct is the only place where members of the public can search and instruct a Barrister online, supported by our “Ask Sam” helpline. Our unique website offers over 1,000 Barristers from more than 175 Barristers Chambers that are regulated by the Bar Standards Board (BSB). Clerksroom Direct provides information about Barristers in an easy-to-use portal. Barristers do not pay any fees to promote themselves through the Clerksroom Direct portal. Our we aim is to bring you as much information as we can to enable you to make an informed choice. Obtaining a fee quote from a Barrister is completely free as you only pay for the service if you proceed to instruct the Barrister directly. We help you get the best value. You decide! You are in control every step of the way and you don’t pay anything until you wish to proceed.

IS YOUR SERVICE CONFIDENTIAL?

All information submitted to Clerksroom Direct Portal is confidential and highly secure. You will recieve an automated email response to your enquiry asking you to verify your email address. Once confirmed, you will have a secure link to the portal and only you and your chosen barrister will have access to the information provided. Your details will never be disclosed to a 3rd party without your prior agreement nor will you recieve unsolicited communications from Clerksroom Direct. Clerksroom Direct holds a valid secure site certificate.

WHAT CAN A BARRISTER DO FOR ME?

Barristers can:

provide expert legal opinion and advise
draft legal documents
attend Court as your advocate
represent you at a mediation or arbitration

Barristers are experts in the law and provide a high level of skill when advocacy is required to present your case in a Court or Tribunal. Most barristers do not conduct litigation but, if required, we are able to provide some who are now approved to do so by the Bar Standards Board. We can advise who is best placed to help you once we have reviewed your enquiry.

WHAT IS THE BENEFIT OF GOING DIRECT TO A BARRISTER RATHER THAN A SOLICITOR?

COST

Barristers are remarkably cost effective mainly due to their low overheads. Our barristers mainly work from home which helps to reduce costs further. Many people who have instructed barristers directly have commented favourably regarding the cost of doing so. There is no duplication of work, therefore costs are not duplicated. Barristers fees are often 30% cheaper than solicitors fees. See Barristers fees tab.

FIXED FEES

Most barristers will be happy to provide a fixed fee quote or work to a budget as set by you. Please don’t be afraid to ask if a piece of work can be completed for a set price. We welcome the challenge.

EXPERTISE

Barristers are legal experts who normally specialise in a limited range of areas of law. Using an expert means you have the right answer quickly.

COMMUNICATION

You deal directly with the barrister and you will be able to discuss the matter by phone, email, Skype or any other agreed method.

SPEED

Dealing direct with a barrister tends to be much quicker as the only parties involved are you and your barrister. A normal turnaround time for advice is 7 days but it can be much quicker if needed.

WHY WAS I NOT AWARE I COULD GO DIRECTLY TO A BARRISTER UNTIL NOW?

The rules changed in 2004 to allow members of the public to instruct directly. Most barristers do not want to deal with clients directly, preferring the traditional route of working with solicitors. This has meant that little advertising has been undertaken to market the service directly to private or business clients which has resulted in limited media publicity. We continue to work with approximately 20,000 solicitors in England & Wales but we also welcome the opportunities provided by the Public Access rules.

HOW DO I FIND OUT IF I QUALIFY FOR LEGAL AID?

Legal aid can help pay for legal advice, family mediation or representation in court or at a tribunal. You’ll be asked general questions about your legal problem and your financial situation. Click here to check.

CAN I GET CREDIT OR A PAYMENT PLAN TO COVER THE COSTS OF MY CASE?

Yes. There are now companies who provide finance for Barristers fees. One example is “Legal Cost Finance” – Click here to visit their website and make an enquiry.

WHERE DO I START?

LANDLORD & TENANT DISPUTES/CLAIMS

For Landlords and for Tenants, whatever your requirements, we can help you with your legal needs, disputes or claims.

For Landlords

Whether you need advice on the relevant laws applicable to you and your property; assistance in drafting your tenancy agreements, notices or other documents; or advice and assistance regarding deposit schemes we can assist.

We can also assist you in recovery of rent arrears; evicting tenants; taking Court action and recovery of your property.

For Tenants

Moving in to a new property can be a stressful experience just on its own.

We can assist you in dealing with your tenancy agreements whether you require advice on your obligations or whether you just need to know what it all means in clear and simple terms, we can help.

Problems may also arise when living in your property, i.e. the boiler may break down or there is damage to your property which has not been caused by you. We can assist you in presenting these problems to your landlord and provide advice and assistance should you have any claims to make against your Landlord regarding such repairs.

When leaving your property, you may also have problems with getting your deposit back or a dispute regarding the state of the property. We can assist.