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Does the 'Late Payment of Commercial Debts (Interest) Act 1998' from the UK extend to India?
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Does the 'Late Payment of Commercial Debts (Interest) Act 1998' from the UK extend to India?

I signed up for a conference in the UK but am unable to make it due to a few financial issues as well as some client work. The mode of payment I chose was by Invoice (which meant I send them an electronic transfer after I registered on their site). Now since I am unable to make it, I informed them but they have told me that I need to pay atleast 50% of the conference fee for cancellation. The invoice is bound by the Late Payment of Commercial Debts (Interest) Act 1998 which means if I fail to pay, there will be an interest to the amount and any other implications under the act. Kindly advice me if this act can be implemented in India and what will be the repurcussions if I can't pay the amount.


    




vijay m Indian Lawyer
In no way this Act extend to India as firstly there is no treaty between UK & India to extend this Act here in India, secondly if you see section 17 of the Act :- Short title, commencement and extent (1) This Act may be cited as the Late Payment of Commercial Debts (Interest) Act 1998.
(2) This Act (apart from this section) shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different descriptions of contract or for other different purposes.
An order under this subsection may specify a description of contract by reference to any feature of the contract (including the parties).
(3) The Secretary of State may by regulations make such transitional, supplemental or incidental provision (including provision modifying any provision of this Act) as the Secretary of State may consider necessary or expedient in connection with the operation of this Act while it is not fully in force.
(4) This Act does not affect contracts of any description made before this Act comes into force for contracts of that description.
(5) This Act extends to Northern Ireland.

There is no mention about the extend of the Act beyond Northern Ireland.
As far on merits whether the signing up for a Conference to he held in UK amounts to commercial contract & a debt created by virtue of the contract to which the said Act will apply can be checked & confirmed from what all the contract signed by you with this organisation.
In any case to recover any amount even if that amounts to creation of debt against you,they will seek intervention of court in India (unless you reside in UK & not India) where the Act does not extend.





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