Small Claim - Settled at Mediation but Breached by Defendant

[macmp419]

Hello All.

I issued proceedings against a large High Street retailer via the small claims track late last year in respect of breach of contract.

The retailer involved agreed to Mediation, and we settled using that process. The date for which the payment was due has now passed, and I have not received my money or had any further communication from them.

My options seem to be to:

1) Apply for judgement for the agreed amount
2) Apply for the case to be reinstated for the full original amount claimed

My understanding is that either option will cost me £50.00.

My questions are:

1) Can I ask for the £50.00 to be added to the final amount owed under either scenario
2) If I opt to ask for the case to be reinstated, would I be at risk of having to accept a smaller settlement

Many Thanks

Mac

[R0b]

Re: Small Claim - Settled at Mediation but Breached by Defendant

It depends, did the court order mediation or was this agreed between both parties prior to proceedings?

Second question, was an agreement drafted which both of you signed? If so then it will be a reach of contract and you will be entitled to commence proceedings against them on that basis and seek damages for breach of that agreement, which you could potentially argue for the original sum you claimed but I'm not sure you'd get it.

If the court made an order you would normally have an agreement signed which is filed with the court and then if they breach the order your entitled to bring a claim under that basis.

It depends on how this all came about and whether you notified the judge of your mediation if you did then it sounds like the claim may have been withdrawn on the basis of it being settled.

I would write to whoever your last contact was dealing with this, advise they are in breach of the agreement if they fail to pay within the next 7 days you shall commence proceedings without further notice for breach of contract.