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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Type your question here. A, B and C attend a wedding venue

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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?

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 4 years 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


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.

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.

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.

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%.

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.

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.

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.

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

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


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.

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

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Customer: replied 4 years 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!!



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.