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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25440
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I am hosting a launch party in a bar. I have already paid my deposit last week. I

Resolved Question:

hello
I am hosting a launch party in a bar. I have already paid my deposit last week. I have called the owner a week later in order to clarify some details and he wishes to cancel my event due to him feeling 'nervous'. However I have already started marketing y event and sold over 200 tickets.
Can I take legal action?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Joshua :

Have you signed or agreed any formal terms regarding the booking please or was the booking agreed informally between you?

Customer:

it was informal. however their is records of the payment being withdrawn from my account

Joshua :

Thanks. Was anything discussed by email prior to paying your deposit or only verbally?

Customer:

only verbally

Joshua :

Thanks. Would the club owner dispute that you made the booking for the specific date time do you think?

Customer:

i don't think so. I have recordings of the conversation of me looking to book the venue. Also, I can record my next conversations with him getting him to admit it.

Joshua :

Reference recordings to the record you discussing the date and timing of the booking and his agreeing and setting out costs and deposit etc?

Customer:

yes.

Customer:

?

Joshua :

Thanks.

Joshua :

On this basis you have a contract with the nighclub owner which the club owner cannot simply cancel because he has changed his mind. You do not have a formal written contract with the club owner but based on what you say, you do have recordings which clearly set out the terms of your agreement and you have unequivocal evidence of payment to the owner of the bar of the deposit which he has accepted. The combination of these two pieces of evidence is sufficient to establish a clear and (providing the provisions of the recordings are sufficiently clear) unambiguous contract.

Customer:

sooo...

Customer:

if he cancels can i sue?

Joshua :

(Sorry I am limited by my typing speed - still typing...)

Joshua :

accordingly, the position you can take with the owner is that you have a binding contract with him from which he has not reserve the right to withdraw unilaterally and if he changes his mind and refuses to make the premises available for hire has agreed on the terms agreed, you reserve your right to claim damages from him before any losses you suffer and the loss of profit. You would have a basis of claim for profits you could reasonably sure you would have made from ticket sales and such other revenues had the owner not changed his mind.

Joshua :

from here on in, it is important that any communications with the owner are made in writing such as by email. If you have conversations verbally, consider following these up immediately with an email confirming what was discussed and agreed. it is also important that you retain copies of the recordings you have made - if the matter proceeds to court, you may need to make transcripts of the recordings as well as make the recordings available.

Joshua :

If he refuses to reconsider his position, you will need to make it clear to him that this leaves you little option but to issue proceedings in the County Court for breach of contract on his part. You will need to be able to reasonably demonstrate the number of tickets you would have expected to sell at a profit margin in respect of each ticket together with any other revenues from which you can demonstrate you would have likely made profit in order to calculate the amount of your potential claim

Joshua :

if necessary, the simplest way to issue proceedings is by using the courts online issuing service at the following link:

Joshua :

https://www.moneyclaim.gov.uk/web/mcol/welcome

Joshua :

assuming you are successful, you able to recover court fees paid and any travel expenses and loss of income if you attend a hearing. One would hope however if you make the above position clear to the owner he will reconsider his position without the need for action through the courts

Joshua :

is there anything about clarify for you?

Customer:

no thanyou

Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

I hope that above allows you to encourage the owner to alter his position without need for formal action.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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