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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 33011
Experience:  Award winning lawyer with over 15 years experience
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Ely, we have a question relating to a wedding photography

Customer Question

Customer: Hi Ely, we have a question relating to a wedding photography contract for services in Italy but contract states it is 'under the jurisdiction of english law' are you able to help?
JA: Thanks. Can you give me any more details about your issue?
Customer: Contract signed between both parties Mar 2015 for wedding photography in May 2016. Contract states deposit: 50% non refundable. No due date for deposit. Deposit not asked for at time of booking. September 2015 we offered to pay deposit, photographer declined said he would said invoice when he was really to collect. Jan 2016 we asked photographer about our need to cancel, he states we will be liable to pay him the 50% deposit per the contract
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Submitted: 1 year ago.
Category: UK Law
Customer: replied 1 year ago.
Please advise if you require more information about the contract
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Thomas Judge replied 1 year ago.

Let me see if I can and please remember to rate positive.

What is your actual question?

Customer: replied 1 year ago.
Are we liable to pay service provider the deposit of 50% outlined in contract if we cancel service? The contract does not state due date for deposit, service provider refused deposit several months ago, informed instead an invoice would be sent to collect it when it was required. No money has changed hands.
Expert:  Thomas Judge replied 1 year ago.

I see. Please remember to rate positive. On the basis of the terms of the contract you would normally be liable to pay him the 50% as this was agrees by you at the time that you entered into the contract. The court looks at the wording of the contract and can be quite strict on this basis. That said you can raise an argument that he changed the terms of the contract when he refused to accept the money and then stated that he should only be paid after the work. That this effectively changed the contract. That he has suffered no loss. Because of his decision to change the term that he is now not entitled to the sum due or any sum. I would suggest that if you went with this plan - you should put this in writing to him. Happy to discuss. Please rate positive. Thanks

Expert:  Thomas Judge replied 1 year ago.

I hope this helps. Please rate positive for me - thanks