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Enforcing Late Payment of Commercial Debts Act on UK companies from overseas

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11 years 5 months ago #853 by jeremynicholl
Is there any legal reason why in principle the Act can’t be enforced on a UK company even though I’m based and invoicing from overseas? I realise there may be practical issues with enforcement, but I’m assuming the Act applies to every company located in the UK irrespective of where an invoice is issued from. I’m outside the EU, but again I don’t see why that should make any difference to the Act being applied.

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11 years 2 months ago #895 by ashley smith
Interesting Question.
I am going to go on a long shot here as I believe a judge will look to see what legal jurisdiction the contract stipulated. Do you have terms and if so what do they say?

If no legal jurisdiction is stated the next test will be where were the goods and service supplied. Eg. if goods did you supply to Factory Gate or client premises, was VAT charged etc.?

The aboove is a flavour of the kind of questins that will be reviewed to determine whether UK legal jurisdiction applies or not.

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