Judgement Query

[monkquito]

After not being paid for a contract, I have been advised to issue a judgement claim via HMCS Money Claim.

As the client has not paid the agency, should I issue against the agency, or both agency and client?#

Thanks.

[MPwannadecentincome]

You can only claim against someone you have a contract with, so only the agency.

They can counter claim against the client if they want.

IMO seek legal advice!

[TheFaQQer]

Law of contract says that you can only go after the people that you have a contract with, i.e. the agency.

Law of tort says that you can go after the client.

I'd go after the agency, though, as you are more likely to be successful.

[Paddy]

I would strongly advise you to issue against the agent and client. Although the agent is mainly responsible it gives an extra incentive for him to pay up if you do to both. it also save wrangling on who should pay who.

I have done this twice in ten years and won the cases hands down (plus costs awarded to me) even without timesheets. The bottom line is, if you have done the work; they have to pay up.

You are also allowed up to £9 per hour for preparing your case.