Wedding cancelled - breach of contract? Small claims?

mushellemartin

Hi,

In 2012 we booked a wedding venue after visiting and discussion with venue, signed contract etc. we were due to put a marquee on the venues land plus provide catering. We put deposits on marquee and caterer. 11 months later (7 months prior to wedding) the venue cancelled due to planning permission being refused.

They had already held approx 6 weddings here including marquees and outside caterers. We weren't advised that the venue didn't have planning permission at any point. When we boomed the venue were mid barn conversion, in 2012. This was substantially completed in May 2013. Planning was only applied for in May 2013.

The venue returned our non-refundable deposit but we were left out of pocket with deposits to caterers and marquee co. Can I write a breach of contract letter to the venue claiming for losses incurred with other suppliers?

We managed to get another venue but due to short notice couldn't get one nearby to use marquee and caterers otherwise we could simply have transferred to another venue.

Note that the contract with venue stated that they weren't liable for 3rd party losses due to government including local decisions. However, I would have thought that if any gov/council decisions were pending/not applied for then we should have been advised.

Thanks

dunstonh

Can I write a breach of contract letter to the venue claiming for losses incurred with other suppliers?

Has the contract actually been breached?

Many contracts for provision of services in the future often contain clauses that cover unforeseen events. It is known as Force majeure. It appears that yours did.

Whether that contract term is fair or not is only something a court can decide.

How much out of pocket were you by this?

brunettifan

It was reasonable for the poster to suppose that planning for a Marquee existed if there had been previous weddings. I think it is worth testing in court if the deposits were sizeable

themull1

Did you have wedding insurance, if you did you might be able to claim off that?

dunstonh

brunettifan wrote: »

It was reasonable for the poster to suppose that planning for a Marquee existed if there had been previous weddings. I think it is worth testing in court if the deposits were sizeable

If anyone is prepared to put their money on the line for a principle then that is to be applauded. However, it is probably best to find out what loss has been incurred first to weigh up the potential gain vs the potential loss if failed (even small claims can have costs if case lost - albeit small)

Plus, this was nearly 2 years ago. What letters and communication have already taken place between the venue and the OP regarding this. Judges do not like someone going straight to court without first trying to resolve an issue. Especially after a long period. They may even refuse to hear it until it does and a deadlock has occurred.

brunettifan

dunstonh wrote: »

If anyone is prepared to put their money on the line for a principle then that is to be applauded. However, it is probably best to find out what loss has been incurred first to weigh up the potential gain vs the potential loss if failed (even small claims can have costs if case lost - albeit small)

Plus, this was nearly 2 years ago. What letters and communication have already taken place between the venue and the OP regarding this. Judges do not like someone going straight to court without first trying to resolve an issue. Especially after a long period. They may even refuse to hear it until it does and a deadlock has occurred.

Which was why I mentioned "if the deposits were sizeable"

Your last para is a given. They must be able to show evidence of attempting to resolve the situation

mushellemartin

Hi,

The deposits are £2500 in total.

We have wedding insurance but they won't pay as they say the venue sold to us under false pretences as they were advertising wedding venue and services for which they didn't have permission to hold. They had no bar license for example. They had a bar in the barn where our ceremony was to be and were providing a cash bar for our marquee.

The barn has no planning for toilets, flooring, change if use etc. yet it had been converted without all of this. The planning application submitted in May last year, then revised in July has still not been approved and several objections from neighbours have been raised. The venue stopped accepting bookings in September.

We were originally in regular contact but as soon as we mentioned reclaiming losses this stopped.

I have been advised by an ex CAB volunteer to go to the CAB and get help to write a breach of contract letter first off. I can't easily get to one out with work however so may look for a template and send.

Thanks

Buzby

I doubt there will be any template to address your needs, due to the unusual nature. I agree you were blameless in this, but what are your actual provable losses?

A court would need to review this and decide (based on the venue offering services they could not legally provide).

Time is also of the essence as the clock is ticking. Do however check that the entity you booked with is still the one operating the venue today - it may have changed and your action pointless if a Ltd company.

magpiecottage

I presume that the business has used a standard contract.

In that case, I think it probable that simply relying on the contract to get out of the fact that it did not have planning permission and knew it did not have planning permission is likely to be deemed unfair, within the terms of the Unfair Terms In Consumer Contracts Regulations 1999.

Did you pay any of the amount by credit (rather than debit) card at all?

If so then you should be able to claim against the card provider under Section 75 of the Consumer Credit Act 1974.