I've had a long-running dispute with a plumber which eventually went
to court for a small claims hearing three months ago. The DJ decided
that the dispute was compromised by a meeting the plumber and I had in
late 2006 in which we agreed on a course of remedial work and a
payment regime, all on the understanding that we wouldn't then need to
go to court.

I paid 50% up front, the plumber then failed to do the work, and we
ended up in court anyway. The DJ "generally adjourned" the case as he
declared that the original contract had been compromised by the 2006
meeting which was, in essence, a replacement contract, and that the
court proviso wasn't relevant. He also declared that we hadn't made
"time of the essence" so there was no time limit on how long the
plumber had to do the work. I asked how we do that, and it was agreed,
in court, that the work would be complete within two months.

This hasn't happened, so we're back to being in dispute, but my
question is whether I can now reinstate the original counterclaim.
There was a provision for damages in the original counterclaim which
were lost with the second contract, so obviously I'd like to being
those back into play, if possible.

Gorf wrote:

> I've had a long-running dispute with a plumber which eventually went
> to court for a small claims hearing three months ago. The DJ decided
> that the dispute was compromised by a meeting the plumber and I had in
> late 2006 in which we agreed on a course of remedial work and a
> payment regime, all on the understanding that we wouldn't then need to
> go to court.
> 
> I paid 50% up front, the plumber then failed to do the work, and we
> ended up in court anyway. The DJ "generally adjourned" the case as he
> declared that the original contract had been compromised by the 2006
> meeting which was, in essence, a replacement contract, and that the
> court proviso wasn't relevant. He also declared that we hadn't made
> "time of the essence" so there was no time limit on how long the
> plumber had to do the work. I asked how we do that, and it was agreed,
> in court, that the work would be complete within two months.
> 
> This hasn't happened, so we're back to being in dispute, but my
> question is whether I can now reinstate the original counterclaim.
> There was a provision for damages in the original counterclaim which
> were lost with the second contract, so obviously I'd like to being
> those back into play, if possible.


The original contract no longer exists as you reached an agreement (a
new contract to relace the old one)

You cant reinstate the old contract but you can sue on the new contract 

seems rather a messy situation though

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Thanks for your reply, Steve

> The original contract no longer exists as you reached an agreement (a
> new contract to relace the old one)
>
> You cant reinstate the old contract but you can sue on the new contract
>
> seems rather a messy situation though

It's far, far messier than the post above would suggest. there's an
awful lot of detail left out, for brevity.

Is there any point in requesting a fee exemption for any return to
court?

Gorf wrote:

> Thanks for your reply, Steve
> 
> > The original contract no longer exists as you reached an agreement
> > (a new contract to relace the old one)
> > 
> > You cant reinstate the old contract but you can sue on the new
> > contract
> > 
> > seems rather a messy situation though
> 
> It's far, far messier than the post above would suggest. there's an
> awful lot of detail left out, for brevity.
> 
> Is there any point in requesting a fee exemption for any return to
> court?

not really , if its as complicated as you say you really need to
present the nfomation to a solicitor and get a paid opinion

Any info you get from this newsgruop will only be as accurate as the
info you supply , the devil is often in the detail

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