Securing payment of unpaid invoices and additional fees

Sophie was instructed by a Claimant in a claim against a Defendant estate agent in a dispute arising out of unpaid invoices.

The Claimant had provided software to the Defendant estate agent for approximately two years, which enabled the estate agent to manage properties on behalf of third-party landlords. Following two months of non-payment by the Defendant estate agent, access to the software was stopped by the Claimant.

The Claimant had subsequently brought an action against the Defendant estate agent, who in response raised a defence that the cessation of the software had resulted in a loss not only to their business but also to the third-party landlords.

As part of the Claimant’s case, the Claimant also relied upon terms of business which set out that the Defendant would be liable for additional charges if they defaulted on payment. The Defendant estate agent alleged that said terms of business had never been served on them and did not form any contract that they may have entered in to.

Sophie was able to cut through the complex contractual issues involved within the case and deal with such issues in a practical and thorough manner. Throughout the trial, Sophie was able to extract important information from the witnesses and deal with late evidence adduced during the course of the trial.

At the conclusion of the trial, Sophie secured a judgment in favour of the Claimant for the full balance of the unpaid invoices along with additional charges in accordance with the terms of business.