Premier League Footballer Pays Over £60,000 After Summary Judgment
Lovetts’ client is a renowned events organising company. It had entered into a contract to plan a wedding on behalf of a well known premier league footballer. It had negotiated contracts with a number of suppliers on behalf of the client. Just 8 days before the wedding day, the events organising company received notice that the wedding was to be cancelled. Under the contract made with the footballer by the events company, all outstanding balances would have to be paid in full unless cancellation was at least 28 days before the wedding. The footballer chose not to make payment as a result of the wedding not going ahead.
Lovetts first step is always to give advice on the likelihood of recovering the monies due by reviewing all evidence and paperwork. The client was concerned about the defendant’s liability due to certain agreements only being signed by the fiancé and not the premier league footballer. Lovetts advised the client that the fiancé would have presumed authority under common law to bind both her and the premier league footballer to the contract. A Defence* was filed alleging that the client should have breached its contracts with its suppliers by cancelling its contracts with them. Lovetts advised that although in certain circumstances there is a requirement to mitigate losses, in this case the client had entered into terms which meant that cancellation would not mitigate any loss, and that the events organising company was under no obligation to breach contracts with its suppliers. This would have been severely detrimental to its own business and its relationships with its suppliers. What benefits will I get from receiving solicitor’s advice? Lovetts advised the client to make a Summary Judgment* application – a quicker and more cost effective solution than going to trial. The footballer opposed the application.
Due to our client having good paperwork supporting its case, the summary judgment application was successful. Lovetts’ client was awarded Judgment for a sum over £60,000. The premier league footballer made payment. Our client was very satisfied with this debt recovery end result.
|What is a Defence?||If your claim is disputed by the defendant, the defendant will fill a defence form detailing the nature of the dispute and file it with the Court. The Court will send you a copy of the defence and ask if you wish to proceed with your claim in light of the defence.|
|What is Summary Judgment?||Summary Judgment is a means of short-cutting the normal Court process but, because of this, the Court only allows it where there is a clear paper-trail which proves each point in the Claimant’s case and disproves each point made by the Defendant. Because of this it is not suitable where:• There is a lack documents• There are quality disputes• Where what was said is in dispute• Where expert evidence is needed to prove some part of the claim• Where there are allegations tantamount to fraud. The hearing is purely to examine the documentary evidence to see whether it proves the Claimant’s case beyond doubt by showing that the Defendant has no reasonable prospect of successfully defending the matter at trial. The Court applies a higher degree of proof to Summary Judgment than at full trial when all the normal safeguards of disclosure of documents etc would have been completed. The defendant gets the benefit of any doubt.|
When it comes to payment disputes it’s easy to take things personally. After all, you’ve kept your side of the bargain and the non-payment can feel like a slap in the face. At this moment it’s important to take a step back and look for the positives. Read more.
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