A self-employed flooring contractor instructed Samuel Okoronkwo Jr. for advice following a breakdown in a longstanding working relationship with a fellow tradesman and director of a flooring company. The client had assisted with nationwide night-time flooring contracts and was permitted to use the company van while his own vehicle was being repaired. The arrangement included a verbal understanding that the client would prioritise the company’s work when called upon. The relationship deteriorated, and the client ceased working for the company in November 2023, alleging £6,500 in unpaid invoices. Subsequently, the company claimed the client owed money for van hire, despite no formal agreement to that effect.
The client disputes the existence of any hire agreement and maintains that the van use was part of the informal working arrangement. He also contests additional claims relating to congestion charges and alleged unsatisfactory work, noting a lack of supporting evidence. A court claim has now been issued against him, prompting a need for legal advice on next steps and potential representation.
Samuel Jr. advised that the alleged van hire arrangement is unlikely to constitute a binding contract, as the essential elements of offer, acceptance, consideration, and intention to create legal relations are absent. The van use appears to have been incidental to the client’s work for the company. Regarding the claim for unsatisfactory work and associated costs, there is no evidence of remedial action or incurred expenses. Similarly, the claims for bailiff and congestion charges lack substantiation, especially given the nature of the night-time work. Counsel will assist the client in drafting the Directions Questionnaire and proposed directions for filing and service by 29 July. While representation is available, the client was advised that legal costs may exceed the value of the claim. Further assistance will be considered once the drafts are reviewed and approved.
Call us – Mon-Fri 8:30am – 6:30pm
+44 (0) 20 3034 0077
By submitting this form, I accept this website’s Privacy Policy