Chances of success with small claims court and verbal agreement/contract

[Pupstar]

An acquaintance has backed out of a verbal agreement we had. She agreed to sign a licence to use part of my business premises for her own business, and after I have had the expense of building work to accommodate her business, has decided that she no longer wants the space.

I have email correspondence to show that there was no indication of dissatisfaction with the area created for her, and she had given me a date which she intended to move in, then has emailed to back out, before signing the licence, though I had provided her with a copy of the licence several weeks ago.

Do I need to give her warning of the fact that I intend to go to the small claims court? Any advice please?

[fortheloveof01]

I wouldn't think you'd stand a chance of getting anywhere with this as there is no written contract between the two of you. You could end up with a very expensive court battle but all you'll potentially gain is a moral victory. Look for another partner.

[prh47bridge]

If this is a small claim you would certainly not end up with a very expensive court battle. Court costs are low, you can represent yourself and you would not be liable for your acquaintance's legal costs even if you lose. And I have no idea why the previous poster thinks that all you will potentially gain is a moral victory. If you win you will be able to get your money from the acquaintance.

The lack of a written contract is not necessarily fatal to your case either. There does not have to be a written contract to prove the debt. The issue will be whether or not the court thinks there was a genuine verbal contract under which she agreed to pay. They may take the view that you have undertaken this building work speculatively in the hope that the acquaintance would move in but with no actual commitment from her, in which case she is not liable.