Small Claims Query

gizz_mo

Hi there
I am hoping someone on here will be able to answer a few questions I have in relation to a Small Claims case.

Last year I hired an architect to draw up plans for planning permission, and represent me in obtaining it. Our contract stated that it included multiple revisions until planning was granted, including if it went to appeal. As soon as the architect was paid, he lost interest in working on my case and it was very difficult to get hold of him. He had drafted some documents which were still not complete, but was not returning any of my calls etc. In the end I took him to Small Claims Court for breach of contract, and the judge found him in breach of contract and ordered him to repay me half the fee I had paid him. I had claimed the whole fee back, but when setting out the judgement, the judge stated that he believed I could still use the work that had been done by the architect to further my application, and therefore I should pay something towards that which is why he only awarded me only half the fee back plus costs. The architect did not make any objections at this point.

I was happy with this judgement, as by this time I just wanted that awful architect out of my life. He paid up, albeit a little later than he was supposed to and I believed that to be the end of the matter. I then took the diagrams which were incomplete, had them amended with the help of a friend, and submitted them to the council for permission. The council displays these on their planning website and they are visible for all to see.

I later received an e-mail from the architect advising that by using his plans I was in breach of his copyright, and he would therefore be taking me to court to claim his full fee all over again. His very brief e-mail stated a letter would follow in the post. No letter came. Two weeks later I got another e-mail stating that since I had not replied to his letter, he has now filed a claim using Moneyclaim online.
However I have still received nothing in the post from either him or moneyclaim online.

I believe that he has deliberately used an incorrect address (the address of the property I am applying for permission on), despite the fact that he knows my residential address is different. It is the same residential address which was used for all correspondence we had in the previous small claims case, yet he has not sent anything to the address he knows to be my residential address. He also visited me here on a number of occasions to drop off documents etc, so he knows full well it is where i live. I therefore think that he has deliberately used the other address believing that I may not get the papers so he can apply for a judgement against me before I have a chance to file a defence. That address is now rented out to another family and I have set up a re-direction with royal mail, but I still have not received anything either from him or Money Claim online addressed to either address.

I am unsure what to do...

1) Either his e-mails are empty threats and he is just trying to scare me. So should I wait until I receive some hard evidence that a claim has been filed against me? What if it never comes and I end up with a CCJ against me?

2) Is it true that if he has used the wrong address and a CCJ is recorded without my having knowledge I can apply to have it set aside, and this should be successful since he knowingly used the wrong address? If it is set aside, does it remain on my record?

3) Should I be proactive and try and contact Moneyclaim to find out if there is a claim against me? Would they even give me that kind of information?

4) Do copyright infringement cases typically get heard in the Small claims court or would it require a more specialist hearing since he has the burden to prove it, and it could be rather a complex case? Could this be why I have not heard anything from Moneyclaim online? Maybe they have not accepted the claim?

5) Does the fact the judge's verdict in the previous case stated I could use the diagrams to further my application go in my favour as a defence? Can I get a transcript of what he said to use as my defence in court? I really was not aware that the architect still owns the copyright, but this does seem to be the case.

This whole thing has been a nightmare since the beginning, and the worst thing is that now the planning permission has been refused anyway. This has been a very expensive decision to hire this guy. I have since heard that he has done the same with others. I have now lost all confidence in the whole planning process, and am afraid to hire someone else for fear of being ripped off again.

I would be really grateful if anyone can provide any guidance to some of my questions above.
Thanks for your help in advance.

linlin_3

I guess you've kept the original documents and agreement from when you first hired him?

Copyright law........the plans have been substantially altered. It is a derivative work (which is a new work that incorporates aspects of a pre-existing work). E.G. painting a moustache on an image of the Mona Lisa creates a new work but one which is derived from an earlier work.

He's harassing you. Get in touch with the council consumer relations and report him!

Have you got a copy of the earlier judgement? If the judge did not expect you to gain any benefit from the original plans, he would have awarded you the full amount. If the architect gets in touch - and this should be by signed delivery - reply by saying he's welcome to take you to court, but can only do so by overturning the original judgement. In so doing, you will gain 50% of the original fee AND 8% interest from the original date. The architect will need legal representation to proceed.

That should do it!

gizz_mo

linlin wrote: »

I guess you've kept the original documents and agreement from when you first hired him?

Copyright law........the plans have been substantially altered. It is a derivative work (which is a new work that incorporates aspects of a pre-existing work). E.G. painting a moustache on an image of the Mona Lisa creates a new work but one which is derived from an earlier work.

He's harassing you. Get in touch with the council consumer relations and report him!

Have you got a copy of the earlier judgement? If the judge did not expect you to gain any benefit from the original plans, he would have awarded you the full amount. If the architect gets in touch - and this should be by signed delivery - reply by saying he's welcome to take you to court, but can only do so by overturning the original judgement. In so doing, you will gain 50% of the original fee AND 8% interest from the original date. The architect will need legal representation to proceed.

That should do it!

Hi linlin
Thanks for your reply. I have a huge file with all the original documents and correspondence, including the contract. I also have the judgement which states the amount the judge ruled he should pay back. However that piece of paper doesn't detail what the judge said about the reason he was not going to award me the whole fee back. However I am hoping that would have been recorded by the audio tape in the court.. (would there be one?)...and if it came to it I could get a copy of that? I think there is a cost involved to get a copy of it, which no doubt I could include in the costs I claim back from him if I win.

So if I don't receive anything in the post, should I just not worry for now? This is giving me sleepless nights all over again.

Anihilator

What changes did you make?
If the plans werent very different you may have a case to answer to a degree.

gizz_mo

Anihilator wrote: »

What changes did you make?
If the plans werent very different you may have a case to answer to a degree.

Well, I am not disputing the fact that I used the diagrams he initially created. He hadn't completed the proposed plans, location of windows, sizes of the new extension, and some brickwork and timber cladding was missed off so all these were amended/added. However he was given ample opportunity to complete them and fulfil his contractual obligation yet he didn't, which is why he was found in breach of contract.

However should he not have spoken up when the judge ruled that he believed I could use the diagrams to further my application, and hence would not receive the full fee back. I took the judge's verdict as final and my decision to use the plans was based on this. I had no idea about the copyright at the time.

linlin_3

gizz_mo wrote: »

Hi linlin
Thanks for your reply. I have a huge file with all the original documents and correspondence, including the contract. I also have the judgement which states the amount the judge ruled he should pay back. However that piece of paper doesn't detail what the judge said about the reason he was not going to award me the whole fee back. However I am hoping that would have been recorded by the audio tape in the court.. (would there be one?)...and if it came to it I could get a copy of that? I think there is a cost involved to get a copy of it, which no doubt I could include in the costs I claim back from him if I win.

So if I don't receive anything in the post, should I just not worry for now? This is giving me sleepless nights all over again.

Yes, if need be you could obtain a transcription.
Keep a copy of every communication he makes to you.
Don't reply to him unless he contacts you in the correct manner - checkout Moneyclaim Online and you'll see he should inform you of his intention. IF he proceeds, you will automatically hear from the Court.
If the harrassment gets too much, report him to trading standards or consumer relations at the local council.
Get a good night's sleep!

Takecareofthepennies

Just to add: It is definitely the claimant's (i.e. the architect's) responsibility to make sure he gives the correct address for you when submitting his claim at moneyclaimonline. If the court cannot furnish paperwork on you at the address given by him, they will inform him that the case cannot proceed.

Apart from that, it might be a good idea to ask the tenants in the property the plans relate to to let you know of any relevant letters.

Finally, in my experience the small claims judges do not like to see their time wasted by claimants simply trying to get one over on the defendant - and they will take the time to study any submissions you make.

Relax. If you allow yourself to get upset over this, he has already half reached his objective.

Tozer

linlin wrote: »

I guess you've kept the original documents and agreement from when you first hired him?

Copyright law........the plans have been substantially altered. It is a derivative work (which is a new work that incorporates aspects of a pre-existing work). E.G. painting a moustache on an image of the Mona Lisa creates a new work but one which is derived from an earlier work.

That isn't correct. If the current designs are based upon the work produced by the Architect, then there IS a breach of copyright.

The author of the original work has the exclusive right to make derivative works.

Tozer

linlin wrote: »

Yes, if need be you could obtain a transcription.
!

It was small claims. Not High Court. There will not be a transcript.