Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Hi Sorry. I opted out by accident. What would be your ideal outcome in this situation so that I can look at your options. Thank you.
Unfortunately not everyone has the same view. OK, well thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Many thanks for your patience. It is a difficult situation, I appreciate. Not only was your equipment damaged, but there is a more emotional side to it as your attendants were distressed by this incident and also you appear to be brushed off by the bride, when you were hoping for a more sympathetic response. I would say it is best to try and detach yourself from the emotional side and just concentrate on the legal position, which I will try and explain below.
First of all, you cannot force them to disclose details of their insurance. They may not even have any. You can of course ask them for these details but they are entirely free to withhold them. However, if you were to eventually make a claim then they could be forced to rely on such insurance to answer any liability they may have in the circumstances. So it is never too late to get these details, even if you have to take matter further first.
In terms of liability, that would be the difficult one here. You hired the booth out to the couple, or one person, under contract. So your contractual relationship will be with whoever was on the other side of the contract. However, you did not let them use the booth themselves so that you transferred full responsibility of it to them. You had attendants there to operate and look after it. The damage was caused not by the parties to the contract, but by someone else, a third party. So the couple could try and argue that it was not them who caused the damage and they did not have responsibility for looking after the booth at the time as you had attendants doing that job. Therefore, it would be the person who caused the damage that would be responsible – it was their direct negligence that caused the damage to your equipment.
On the other hand, going back to basic contract law, your contract was with the couple, so they would have contractual responsibility in some ways. Just be mindful that a court could decide that it is the party who caused the damage that should be legally responsible rather than the people who hired the booth.
You may however still pursue the couple in the hope that this prompts them to rely on their insurance to resolve this. Alternatively they may supply the details of the responsible party so you can pursue them directly.
This is your basic legal position. I have more detailed advice for you in terms of the formal steps you need to follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. So whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.