Recent content by Michael Gerard

  1. Michael Gerard

    Franchise termination.

    You need to employ the services of a solicitor who will then give you advice and inform what your options are once he or she has possession of all of the facts. The contract that you signed up to will certainly be an area of focus, in particular the termination clause which should include...
  2. Michael Gerard

    collateral warranty

    First and foremost, always ensure that any agreement for building works is in writing, and do not commence any works until the agreement has been signed or at least clearly agreed. It is quite common to see a construction project requiring designers and specialist contractors to provide...
  3. Michael Gerard

    Smash and grab adjudication

    As well as a lawyer specialising in construction and engineering disputes, I also practice as an adjudicator, and have written quite a few articles over the years about contractual and statutory adjudication, and if I had more time now, I would gladly give you some advice. All I will say is...
  4. Michael Gerard

    Help needed with small claim court

    In B2C contracts, the Sale of Goods Act was replaced in 2015 by the Consumer Rights Act (as has the SOG&SA and UCTTR). However, the CRA does not apply to a private seller (nor did the SOGA), hence there is no obligation on a private seller to disclose any faults (doctrine of caveat emptor)...
  5. Michael Gerard

    Invoice deductions after two months

    Apology for being late to this thread. Since you are in the construction industry, you can refer the matter to adjudication, which is very quick (28 day process), and could prove very effective. If your invoices have been issued correctly (ie, in accordance with the payment mechanism under...
  6. Michael Gerard

    Judgment for dissolved company

    Some good advice here. What the OP needs to set out is when the contract with the builder was entered into and who the contracting party is. If the contracting party is with a limited company, then the status of that limited company needs to be found out and as John Hemming has very...
  7. Michael Gerard

    Construction dispute

    You need to consult a solicitor that specialises in building disputes - and quickly. From your outline, I fear for your son. He should not have pulled off the job without, in the first instance, seeking professional advice, as his act could be a repudiatory breach. I see that Prophet01 has...
  8. Michael Gerard

    Can someone tell me what this wording means please

    If your supplier's interpretation is that your liability has been extended by 3 months, this is an offer and needs to be accepted by you to make it legally binding.
  9. Michael Gerard

    Is it a must to hire a barrister in high court civil proceeding

    Most judges (in particular on the SCT), will be a bit lenient to LIP's, but there are no obligations on a judge to actively assist a LIP (which would go beyond the interests of procedural fairness). It is the choice of a LIP to conduct his or her case without any professional help. I kind of...
  10. Michael Gerard

    Is it a must to hire a barrister in high court civil proceeding

    Not sure in employment tribunals (never done one), but in civil disputes and in all three tracks, there is absolutely no obligation on a judge to assist a LIP. Procedurally, a court may give a LIP a degree of latitude, but that is about it.
  11. Michael Gerard

    Is it a must to hire a barrister in high court civil proceeding

    Wise advice - although even the Small Claims Track, guidance from an experienced practitioner is recommended.
  12. Michael Gerard

    File and Serve meaning

    File means you send your reply to the Court (who will then place the reply on the Court's system), whilst serve means you serve your reply on the Defendant (service has a very particular meaning, and I suggest you refer to the Civil Procedure Rules - Part 6).
  13. Michael Gerard

    Insolvency

    As per Scalloway - speak to an IP. Also, see section 212 of the Insolvency Act.
  14. Michael Gerard

    Breach of contract

    It is obviously very annoying when a customer decides to ‘cancel’ work at the eleventh hour, especially when a lot of planning has been involved and other work may have been turned down in order to accommodate the now-cancelled work. In order to consider whether you can make a claim, you must...
  15. Michael Gerard

    Letter before action - better to use a solicitor?

    Solicitors offering 'intro rates' such as £3 to draft a letter chasing a debt, is usually a marketing tool to secure the client should the matter not be resolved at that point. Also, do not confuse the £3 'letter before action' with a properly drafted and CPR compliant Letter of Claim, which...
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