Breach Of Contract Enforcement

Summary

To enforce a breach of contract in an Employment Tribunal (ET) claim, apply to the ET first. If a settlement agreement was reached and the case withdrawn, enforce it through the County Court. Sending a letter before action is recommended but not mandatory. For non-financial compliance, request specific performance or an injunction. Filing an injunction costs around £308 and processing time varies. You can draft and file claims yourself.

Full Conversation

Yes
Sure! Here are the steps you can take to enforce compliance with a breach of contract in an Employment Tribunal (ET) claim:
- Employment Tribunal: First, apply to the Employment Tribunal for a compliance order.
- County Court: If the tribunal's order is not followed, you can then apply to the County Court for enforcement.
Would you like detailed information on any of these steps?
If the case was withdrawn from the ET due to the settlement agreement being reached?
If the case was withdrawn from the Employment Tribunal due to a settlement agreement being reached, you would generally need to enforce the settlement agreement through the County Court, as the Employment Tribunal typically does not enforce settlements.
Would you like more detailed information on how to proceed with enforcing the settlement agreement in the County Court?
Yes
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To enforce a settlement agreement through the County Court, you can follow these steps:
- File a claim in the County Court using the settlement agreement as evidence.
- If the defendant does not comply, you can seek a judgment and then request enforcement actions like a warrant of control or an attachment of earnings order.
Would you like more detailed information on any of these steps?
Do I need to send a letter before action?
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Yes, sending a letter before action is generally recommended. This letter serves as a formal notice to the other party, giving them a final opportunity to comply with the settlement agreement before you take legal action. It can sometimes lead to compliance without needing to go to court.
Would you like more detailed information on how to draft and send a letter before action?
Is this not mandatory for county court claims?
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Sending a letter before action is not strictly mandatory, but it is highly recommended as part of the pre-action protocol. This can help demonstrate to the court that you have made reasonable efforts to resolve the matter before pursuing legal action.
Would you like more detailed information on how to draft and send a letter before action?
Yes
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Sure! Here are some key points on how to draft and send a Letter Before Action:
- Details: Clearly detail the breach and include a copy of the settlement agreement.
- Deadline: Give a reasonable deadline (usually 14 days).
- Consequences: State that you will take legal action if they do not comply.
Would you like to know more about any specific aspect of drafting the letter?
Can I write the letter and file the claim myself
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Yes, you can write the letter and file the claim yourself. Here are the essential steps:
- Draft the letter before action with all necessary details, deadlines, and consequences.
- File your claim in the County Court if the other party fails to comply with the letter.
Would you like guidance on any specific part of the process?
What if it’s not for financial compensation and just compliance with the agreement?
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For non-financial compensation and just compliance with the agreement:
- Specific Performance: You can request the court to order the other party to comply with the terms of the settlement agreement.
- Injunction: You can seek an injunction to prevent the other party from continuing to breach the settlement agreement.
Would you like more detailed information on how to request specific performance or an injunction?
Yes
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For requesting specific performance or an injunction in the County Court, follow these steps:
- Specific Performance: File a claim requesting the court to order the other party to comply with the agreement.
- Injunction: Request the court to issue an injunction to prevent further breaches.
Would you like more details on how to proceed with either specific performance or an injunction?
Injunction
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To proceed with an injunction in the County Court:
- File a claim form (N1) and include all necessary details about the breach.
- Request the court to issue an injunction.
- Provide evidence to support your claim.
Would you like more details on how to complete the claim form?
How much does it cost?
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The cost to file for an injunction in the County Court can vary. Generally, the fee for filing a claim form (N1) is around £*, but it can depend on the specifics of your case.
Would you like detailed information on the fees or the process?
Yes
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For detailed information on the fees and the process for filing an injunction in the County Court, you can follow these steps:
- Fees: The fee for filing a claim form (N1) for an injunction is generally around £*, but it can vary.
- Process: Complete the claim form with all necessary details and submit it to the County Court.
Would you like assistance with filling out the claim form or any other specific part of the process?
How long does it take?
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The time it takes for the court to process an injunction can vary based on the complexity of the case and the court's schedule. Typically, it can take a few weeks to a few months.
Would you like more information on what factors can affect the timeline?
Draft a letter before action
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Sure! Here’s a draft for your Letter Before Action:
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[Your Name]
[Your Address]
[City, Postcode]
[Email Address]
[Phone Number]
[Date]
[Recipient’s Name]
[Recipient’s Address]
[City, Postcode]
Dear [Recipient’s Name],
Re: Breach of Settlement Agreement
I am writing regarding the settlement agreement dated [insert date] between us in relation to [briefly describe the subject of the agreement].
As per the terms of the settlement agreement, you were required to [detail the specific obligations]. Unfortunately, you have failed to comply with these obligations, which constitutes a breach of the agreement.
Specifically, you have [detail the breach]. This breach has caused [describe any consequences or impact the breach has had on you].
I hereby demand that you remedy this breach and comply fully with the terms of the settlement agreement within 14 days from the date of this letter. If you fail to do so, I will have no alternative but to commence legal proceedings against you to seek appropriate remedies, including but not limited to an injunction to enforce compliance with the agreement.
Please treat this letter as a formal notice before action.
Yours sincerely,
[Your Signature]
[Your Printed Name]
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Would you like assistance with any other part of the process?