Summary
Under the Consumer Rights Act 2015 in England, consumer rights cannot be overridden by contract terms. Consumers can reject services not performed with reasonable care and skill, typically after completion. A 6-month defects liability period requires contractors to fix defects post-completion, but consumer rights still apply. Lack of skill and care means not meeting professional standards. Covering costs for damages may indicate responsibility, not necessarily lack of skill. Small claims in county court have varying fees based on claim amounts. The High Court is above the County Court for more complex cases. Legal fees vary by case complexity and lawyer experience, with solicitors charging £150-£450 per hour and barristers £500-£1,500 per day.Full Conversation
Can a consumer operate a right to reject before the work is complete
Under the Consumer Rights Act * in England, consumers may have the right to reject services if they are not performed with reasonable care and skill, and within a reasonable time. However, this usually applies after the work is complete or if it's clear that the service provider will not fulfill their obligations. Are you dealing with a specific service issue?
If there is a 6 months defects liability period after work is complete does this change things
In England, a *-month defects liability period typically means the contractor is obliged to fix defects that appear within this time after the work is completed. However, consumer rights under the Consumer Rights Act * still apply, ensuring services are provided with reasonable care and skill. Do you have concerns about specific defects or issues with the work?
What constitutes or what is the definition of a lack of skill and care
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In England, "lack of skill and care" refers to services not being performed to the standard expected from a competent professional. It means failing to meet the reasonable expectations of skill and diligence required in the service provision. Do you have concerns about a specific service or contractor issue?
In the course of our work we damaged some windows but agreed to cove the cost of replacement. Could this be perceived as unreasonable or a lack of skill and care
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In your situation, agreeing to cover the cost of replacing damaged windows demonstrates responsibility and willingness to rectify mistakes. It may suggest a lack of skill and care, depending on the context and the terms of your contract. If no recurring issues exist, it might not be seen as unreasonable.
What is the typical cost to present a small case in the county court
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The cost to present a small claim in the county court in England typically includes a court fee, which varies depending on the claim amount:
- Claims up to £*: £*
- £*.* to £*: £*
- £*.* to £*,*: £*
- £*,*.* to £*,*: £*
- £*,*.* to £*,*: £*
- £*,*.* to £*,*: £*
- Over £*,*: £*
These fees are subject to change, so it's advisable to check the latest fees on the official UK government website.
What is the next court above this one
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In England, the next court above the County Court is the High Court. The High Court handles more complex and significant cases, including those involving larger sums of money or more serious legal issues. If you need further legal guidance, feel free to ask!
What are typical legal fees
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In England, typical legal fees can vary widely depending on the complexity and type of case, as well as the lawyer's experience. For general guidance:
- Solicitors may charge between £* to £* per hour.
- Barristers' fees can range from £* to £*,* per day.
- Fixed fees or contingency fees might apply for certain cases.
Consider consulting with a solicitor for a more precise estimate based on your specific situation.