I’m a one-man limited company provided consulting services to a New York-based company under a contract agreed by e-mail. It has recently stopped paying invoices. How can I get paid?
International contracts give rise to three problems that you should address when drafting contract terms. (1) Where can I sue? (2) Which law applies? And, (3) if successful, can I enforce the judgment overseas? Although your contract is probably subject to English law (the Rome Convention 1980 presumes this is the service provider’s country of residence) you may have to sue in NY, the defendant’s domicile. Even if you could sue in the UK, you would still need to enforce it in NY against his assets. You will find a number of online dispute resolution (ODR) sites that may be a cheaper option worth pursuing but they require the parties’ agreement to use them. Resolving these issues in contract terms (eg, by making such arbitration compulsory) saves pain later. English law, incidentally, does allow interest on late payment at 8 per cent above base rate but businesses often put debt collection in the hands of professional debt collectors or factors, which saves hassle. For the future you could also think about getting payment in advance or taking out credit insurance. There are more such tips available on the website payontime.co.uk
Branches from my neighbour’s hedge spread over the boundary. Can I cut them back to the boundary or even to the trunk of each tree?
Advertisement
Branches growing on your side of the fence are a potential nuisance. You can therefore cut them back to the boundary and, where necessary, even cross the boundary to do so — but unless you give notice first this will be trespass. However, neighbourly relations decree that you try to reach agreement. The branches belong to your neighbour so hand them back. You can send disputes over high hedges (taller than 12ft or 2m) to your local authority, which can impose a settlement, but this does not cover your problem. For more on this see www.odpm.gov.uk/treesandhedges.
The local council has removed more than three miles of hedgerows. Is this not illegal?
Advertisement
Removing hedgerows usually needs council permission (contact the tree officer) under the Hedgerows Regulations, 1997. Permission to remove important hedgerows (as there defined) will be refused unless there are exceptional reasons, and any unlawful removal attracts fines and an order to replace the hedge. Important hedges include those marking old boundaries or containing defined species of plant, trees or wildlife or with archaeological links. The landowner must notify his intention to remove, with the council usually having 42 days to reply, after which work can start. Refusal can be appealed (like other planning matters) to the Secretary of State. The council’s failure to act, however, may be considered maladministration by the Local Government Ombudsman, who can if appropriate make awards to affected citizens, including wasted expenses in going to the LGO (see www.lgo.org.uk).
We regret that we cannot reply to individual queries. The above commentary must not be taken as legal advice; readers should consult a solicitor. Readers can e-mail queries to tde@easynet.co.uk