How to SUE (UK)

This is just an intro, and is mainly for the “people break their agreements re content problem”, fights about modest (hundreds to low k) money and other fairly simple disputes.

I am NOT a lawyer. I’ve just been around a while.

The most common complaints are :-

• Failed to provide the footage
• Used the content in a way that was specifically prohibited in the agreement – usually, sharing it in a way that it wasn’t supposed to be shared.

Is it Revenge Porn? : To be Revenge Porn not only must the sharing be without consent, but there must be an intent to embarrass or distress.

If you are a porn performer, it’s a high bar to pass for content similar in nature to stuff that you make and sell, if the sharing wasn’t done in a way designed to cause you strife. Sending to your family, employer, neighbours etc, yes, I, as a non lawyer, think that would clear the intent hurdle. But simply uploading to a Tube site, probably not.

So, usually, not revenge porn.

Usually, a simple breach of contract.

The remedy for this is usually to sue for a sensible amount of money.

CAN THEY PAY IF YOU WIN?

This process is about getting money from the other side. If they don’t have any then even if you win, you might not get any, though you could make life messy for them.

Anyway, have a think, because if it’s just business, and you know they are basically broke, sometimes the easiest thing is to walk away and just learn whatever lessons you can, rather than invest time and effort that might be better spent on business chasing some modest sum.

Good news – no lawyers needed for simple money claims.

To be honest, I find that simply making it clear to the other party that you will sue, and know how to sue, and are pissed off enough to do so, gets things sorted without actually having to sue 🙂 In fact, I have never actually had to sue anyone. When people understand that I am serious, know how to do it, and they will lose, they just fold, because that is the route of least aggro for them, (otherwise I get to force them to waste their time dealing with a case that they know will end up with them paying me anyway, plus my court costs).

The key to successful suing, is to ask for a sensible amount of money. This should reflect your actual costs and actual losses, or numbers that will sound sensible to a judge.

IMPORTANT : This isn’t the USA and we’re not in Suits. In the UK, on a money claim, if you go high, and the courts think you are taking the piss – because you can’t back up your high numbers – they might bin you off even if you are in the right. They would almost certainly cut you right back to whatever number the other side put in.

“I want £10,000 because I’d have made that from my Only Fans if they hadn’t put it on Tube for free”, won’t fly UNLESS you can show that you typically make £10,000 from OF for that type of scene.

A claim might comprise :-

£200 location booking fee (if you paid for the location)

£80 travel

£20 for coffee and lunch on the way

£120 hotel if used before or after

£500 as the fee I would have charged a professional production company if they booked me for a similar scene. This represents my loss of profits. (Use a bigger number if you can back it with evidence).

£35+ court filing costs (judges option re approving)

Other stuff might get added by the judge. A friend who was being contested, the other side weren’t ready so the judge not only found in his favour but also, because he was pissed off at the other side, “and you’ve taken a day off work to come here? £150. And £50 for your petrol, and, it’s coming up lunchtime, £50 for a nice lunch before you go”.

Proof and Evidence

Are useful, but not essential. Courts are used to missing paperwork and it’s not an issue for “normal” type costs.

Travel and such will be an estimate based on mileage. If you lost the hotel paperwork, not really a problem if you are claiming for a Travelodge BnB, but if you claim “The Ritz” then you need proof (and even then, that might get reduced because you NEEDED a Travelodge, the extra was just you treating yourself).

Process

Step 1: read up on Money Claims. and Gov site

Step 2: write to the person showing that you have read up on Money Claims and detailing what will happen if they don’t sort themselves out.

If “not provided footage” you basically say “send the footage, or I’ll sue. The way the suing works is as follows….”

If “shared in breach”, same sort of process but money is the only remedy.

Step 3: court takes over. If the other party ignores it, and your numbers are sensible, you’ll probably get fully in your favour. If the other side does get involved – e.g. “well, yes, I did upload it to a Tube, but she probably only lost X” – , courts look at everything and decide what they decide, but on the basis that you are in the right, and asking for sensible numbers, you should get all/most of your claim.

Keep it Business

I was told to avoid asking for distress or upset in Small Claims. It’s hard to quantify.

If your case is one where you want to bring that in, you need to see a lawyer.

Injunctions

You need these where money is not a solution, and you need to force the other person to do something or not do something . That probably means your case is complicated.

I have never done an injunction, never even needed to threaten one, so see a lawyer.

Penalty Clauses

“If you release it, £5000”, basically are not enforceable.

There are “Liquidated Damages” clauses, but these are really pre-agreed amounts for non performance also grounded in reality, and only really exist in lawyer drafted contacts and T&Cs.