Wednesday, 30 March 2016

Company wins appeal over non-payment of invoices by a major client

In an ideal world, collecting invoice payments from clients should be a simple and streamlined process, especially if you already have an agreement in place.

Unfortunately, in some cases, it never happens that way. No matter how professionally your invoicing process is carried out, it is always up to the client to pay, and this doesn't always happen on time or as planned.

It is very easy to become frustrated, when it appears that you won't be able to get paid for your hard work. If you are dealing with a customerwho is refusing or is unable to pay you as per the agreement, you can consider consulting a solicitor. There are laws to protect your rights; you just need to find a law firm like CurryPopeck, one of the leading law firms in Harrow, who specialize in litigation and dispute resolution.
The following is an example of a company that won its appeal against the non-payment of invoices by a major client.

The company was hired by the client to provide trainingto small and medium-sized enterprises.The service agreement documents stated that payment would only be made if the training provider produced evidence of the training given and resulting actions taken by the SMEs.
As per the condition in the agreement, the training provider company was required to submit registration forms, a workshop attendance register, meeting notes, proof of workshop activity, course handouts, and “any other notes or documents that give details of the content of the workshop”.
In an email between the provider and the client, the provider suggested that it could provide workshop slides as evidence of the workshop content.

After the courses were over, the provider sent invoices for approximately £33,400, along with copies of attendance registers, course agenda, meeting notes, action plans completed by the SMEs at the workshops and environmental policies.

The client, however, refused to pay the invoices stating that the provider had failed to include a copy of the workshop slides.

The County Court judge ruled in favour of the client after accepting that the provider was required to produce the slides as evidence of the workshop content.

The Court of Appeal overturned the decision by saying that what the client really needed to know was the plan of action proposed at the workshop, and the arrangements that were made to pursue that action plan.
The materials supplied by the training provider included everything that indicated their plan of action and the arrangements made; slides would have hardly made a difference, moreover, there was no contractual obligation to provide the slides, so even if the training provider did provide the slides, he was not legally bound to do so, assert the experienced London solicitors, Curry Popeck.

The parties had intended for their agreement to be governed by the draft service agreement, not by additional matters incidentally mentioned in discussions or emails, before the contract was concluded.

It is very important to be clear and precise in contracts and in discussions.  Please contact CurryPopeck solicitors in Harrow if you would like advice about any aspect of contract law. To schedule an appointment or to discuss your problems or concerns, visit their website-http://www.currypopeck.com/

Curry Popeck solicitors specialise in Corporate Law, Family Law, Employment Law, Dispute Resolution, Property Law and Sports and Entertainment Law. Their team of highly experienced solicitors, led by Philip Popeck and Lionel Curry provides tailored solutions on all the above legal issues and will be very happy to help.

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