How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 18710
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
Type Your UK Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

Type your question here. A, B and C attend a wedding venue

Resolved Question:

Type your question here.
A, B and C attend a wedding venue and discuss plans for the wedding of A and B. C, A's mother has agreed to pay the cost of the wedding and she, C, signs the contract. All correspondence is with A and B who fall out before the wedding date and A emails the wedding venue to cancel the wedding. The agreement provides that if the wedding is cancelled within 100 days of the event that 50% of the cost is due to the Venue. The venue issue proceedings against A whose defence is that there was no contract between her and the Venue. Was there a contract? Can the Venue sue A or should they have joined in C and possibly B?
Submitted: 8 months ago via InBrief.
Category: UK Law
Expert:  Stuart J replied 8 months ago.

Hello, I am Law Denning and I am a practising solicitor in a High
Street practice. I have been an expert on this website in UK law since 2008.
During that time, as you appreciate, I have answered thousand's of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in
minutes, particularly evenings and weekends. Please bear with me in that case.

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

What are they claiming?
Customer: replied 8 months ago.

£1747.50 Broken down as follows:-


 


Summer wedding Package £9795.00


50% Cancellation fee £4897.5


Payment Received £3150.00


Amount Due £1747.5


 

Expert:  Stuart J replied 8 months ago.




Thank
you. For future reference, it would be worthwhile you being aware that when
legal questions are being posed the parties are generally referred to by a
letter which relates to what they are and in this case those letters would be B,
G and M.

It
makes it much easier to follow, bride, groom and mother. Indeed, in this
particular case, there is no need not to use the actual words.



It is
not a bad with a small question when there are lots of parties and it gets
along, just having arbitrary letters can be confusing.



In
this particular case, I agree that there is no privity of contract between A and
the venue and that is the defence. I cannot see that B has anything to do with
it either.



However
even if C is joined in with the proceedings, I think C can claim against A and
B because I think there is a verbal contract that A&B were going to get
married, and subject to them getting married C would pay the bill.



It is
debatable however whether the venue is entitled to 50% of the cost because that
is an arbitrary figure and the venue is only actually entitled to recover
compensation/damages in respect of its genuine measure of loss. That is
basically the profit that it would have made on the event and I think it
unlikely that would be 50%.



My
suggestion therefore would be to offer something and to divide that cost
between the three.





If the three parties agree to that, then if nothing
had already been paid
, In cases like this, I never suggest making an
offer. I suggest sending a cheque. Armed with a cheque in the hand for some of
the amount they want, compared to an argument over the whole of the amount,
(and arguments that they may win or lose) the cheque in the hand is a pretty
powerful incentive to accept it.



So
consider deciding how much you would like to pay the (you need to make it
attractive enough) and send it with a covering letter headed "without prejudice
save as to costs". That means that they cannot produce the letter in court as
any proof that you admit owing them any money at all.



Tell
them in the letter that you are offering this money in full and final
settlement of all claims against you, past, present and future, and that by
cashing it they accept it as such. Tell them that if they do not accept it,
they should return the cheque to you and if they issue legal proceedings, you
will defend them on the basis of A, B, C, whatever.



Tell
them that if they do not understand the significance of the letter. They should
take independent legal advice.



I
can tell you this approach works nine times out of 10, provided the offer is
reasonable and not derisory.





For legal reasons which I will not bore you with but which
go back several hundred years, the cheque must not come from you, but was come
from a third party, friend, relative, solicitor, our accountant, neighbour,
girlfriend, wife, husband, whoever, just not from you all.



Here is some rather heavy reading http://www.voltimum.co.uk/news/2312/cm/the-law----full-and-final-settlement-.html



 



Remember
I have not had to provide all the facilities so have not had all those costs.



So it
then comes down to how much. I think they are probably working on about 10-20%
net profit and therefore, they are entitled to between 1000 and £2000. However
they have already had £3150 so I think I would probably be counter claiming 1150
quid from them on the basis that they have already had more than in the deposit
than they have lost by the cancellation.



Depending
on how close the actual event was before calculation, will affect the amount of
damages because obviously, if it was cancelled months before, they may relet
the venue but it was cancelled days before, they would not



Does
that answer the question? Can I help further? Can I answer any specific points?



Please don't forget to
positively rate my answer service even if it was not what you wanted to hear. You
should now see a series of buttons which enable you to rate my answer service
formally.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask.

The thread does remain open for me to answer follow-up questions after rating
my answer service.



Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 18710
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 7 other UK Law Specialists are ready to help you
Customer: replied 8 months ago.

OK but just to make it clear we are the venue and we have issued proceedings against the bride. She has put up the defense of 'no contract'. We are trying to recover the remainder of the 50% which you seem to think we would be hard put to justify in court. Would you suggest that we drop the action in order to avoid finding ourselves liable to pay back rather than receive more money?


Just to reassure you I will give you a positive rating!!


Regards


Marcus

Expert:  Stuart J replied 8 months ago.

I have no interest in giving an answer on way or the other.

If they had paid nothing, then you would have a claim for loss of profit, not 50%.

50% is an arbitrary figure and not a genuine estimate of loss unless you work on 50% net profit.

If the judge thought it was a penalty not measure of loss, the judge would not enforce it.

It really depends on what the defendants put forward because the judge shouldn’t be telling them how to plead.

You would have to prove that your net profit if the whole thing had gone ahead, was 50%.

If the defendants counterclaim I think they would possibly get some money back.

Of course they might not counterclaim.

I do think that if proceedings are issued they should be against the mother.

More?

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8154
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8154
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    4351
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3849
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2581
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    321
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24307
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6444
    LL.B (Hons), Higher Prof. Dip. Law & Practice