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Jamie-Law
Jamie-Law, Solicitor
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I’m contacting you regarding a contract issue for a private

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Hello,I’m contacting you regarding a contract issue for a private event.First I’m French so you will have to excuse my English  I’m organizing an birthday party at Huntsham court. This venue is renting me the place for 5 days and 4 nights in December (9th till 13th), all my guests (around 50 guests) are coming from aboard (Suisse, France, USA, Singapour and Kenya).I would like to move the date to next year because:• My guests see their flights cancelled now for December
• There is a mandatory self-isolation of 14 days for people travelling from those countries. And my guest can’t take the risk of being self-isolating on their way back.
• The UK law is not very clear on private event, I could find that you can do funeral and weddings up to 30 persons including staff, but apart from that I do not have any other information. On the contract the capacity is for a maximum of 66 guests staying overnight and 130 guests can be on site.So does the situation allow me to brake the contract and get a refund? As he can’t offer me the service he should with the initial capacity?
JA: Where are you? It matters because laws vary by location.
Customer: I live in France but the issue is on the UK law
JA: What steps have you taken so far?
Customer: just emails to ask him in different ways again and again the same question but still no answers he is an attorney himself so he is playing
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I can send you T&C and contract

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

You need to write a letter, set out your losses and request a refund within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not might I invite you to leave me a positive rating before you go, this ensures the site credits me for the time spent answering your question.

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 5 days ago.
ok but, am I in my rights to ask him such a refund

Yes you can ask for a refund as the law say you can't meet in more than groups of 6

Does that clarify?

Customer: replied 5 days ago.
as he is a lawyer he won't be frighten by such a letter.
Customer: replied 5 days ago.
mer. 2 sept. 15:46 (il y a 13 jours)
À Clair, Chris, Catherine
Dear Clair,The situation in Europe and globally continues to worsen with new quarantine rules every day. My guests are having flights cancelled daily. The matter is becoming more pressing and I can't wait much longer to give them some clarity.I am still waiting for a response to my previous email with your suggestions for a mutually agreeable solution.thanks in advance for your reactivity,
best regards
Adélaïde
Customer: replied 5 days ago.
Chris Badham
mer. 2 sept. 20:54 (il y a 13 jours)
À moi, Clair, Catherine
Traduire le message
Désactiver pour : anglais
Dear AdélaïdeApologies for the delay in getting back to you but Clair is away on annual leave and I was on vacation until this morning.As Clair highlighted, your event is 3 months away and whilst none of us anticipated the current situation and none of us want to be in the situation we are in, we do need to keep some perspective and to have in mind the contract that you signed. As you can imagine, we have taken a lot of legal advice and in relation to your point that we cannot deliver what is on the contract you cannot assert that anticipatory breach concept - especially at 3 months prior to your arrival. At the time you booked we were not (and are not) aware of the departure locations of your guests.It is clear from the UK government statements that they want things to be back to some sense of normal by December and it is my belief that the current restrictions are very much a response to the holiday season. We have a house in the South of France and to see how irresponsibly some people have been behaving it is no surprise that there has been an increase in Covid 19 cases. Indeed the red zones in France are limited to prime tourist areas and Paris.However, with the holiday season coming to an end, children going back to school and a sense of a manageable normality returning it is not possible at this stage to move the dates. The situation between now and your arrival may change positively or negatively but we need to have a clearer sense nearer to your arrival as to what the exact and pertinent situation is.My suggestion is that you wait a further month and that we liaise again at the beginning of October.We remain committed to helping you find a solution at that stage if it is appropriate.None of the above affects your ability to exercise the rights that you have under your contract with us.Please let me know if you have any questions.Best wishesChris
Customer: replied 5 days ago.
Dear *****,I am somewhat disappointed by your response as I believe my suggestion of moving the date was a reasonable one.You may not be aware that my guests will be international but Clair certainly was. When we visited First Huntsham Hall. Clair was aware that my partner and I live in France and our guests are going from all over the world and the idea was to provide a taste of the south west.I would appreciate if you can provide as soon as possible the exact date you will make a decision and specific details of what you propose should you not be in a position to fulfil your undertaking of an event for 46 people.I am due to make the final payment but I am sure you can agree that it is unreasonable to expect this until we have some certainty around whether my event will go ahead.kind regards,
Adélaïde
Customer: replied 5 days ago.
Dear AdélaïdeAs I said in my previous email we will liaise again at the beginning of October. Let's agree to speak on the 7th October to review the situation.RegardsChris
Customer: replied 5 days ago.
mar. 8 sept. 13:16 (il y a 7 jours)
À Chris, Catherine, Clair
Dear *****,I am writing to request an alternative date of the 8th till the 12th of December 2021 or a refund in full of moneys paid due to the Supervening Event of the current pandemic and the Supervening Event of the laws and actions imposed by the British government preventing more than 30 people gathering in one place.This is in line with Huntsham Court's terms and conditions (page 7 & 8).
EVENTS OUTSIDE THE OWNER’S CONTROL
The Owner will offer alternative dates to the Client or (if such alternative dates are not accepted) a refund of the Balance paid if The Premises and/or its grounds are unusable or are inaccessible on the date(s) booked as a result of any unforeseen and unavoidable event or circumstance beyond the control of The Owner in each case including but not limited to natural disasters, flood, fire, explosion, accident, collapse of buildings, epidemic or pandemic, interruption or failure of utility service, non-performance by suppliers to The Owner or any law or action taken by a government or public authority (each a “Supervening Event”). Where possible The Owner will notify the Client in writing that a Supervening Event that has taken place before the Arrival Date so that the Client may rearrange or cancel The Booking.Please reply by close of business today or close of business tomorrow.I look forward to hearing back from you.Adélaïde
Customer: replied 5 days ago.
Dear AdelaideUnless I am missing something, could you please point out what is or is likely to be in place (by way of such restrictions) for your booked dates.You are applying unknown principles to unknown circumstances at this stage. Your rights under cancellation are unchanged.RegardsChris

You can ask for a refund using the above and then sue if necessary

Does that assist?

Customer: replied 5 days ago.
He is playing on the fact that TODAY it's not possible but maybe in december it will be. What can I do about that? nothing else than a pre-action protocol letter of claim? How much roughly is going to cost a trial? I gave around 9k£ to the venue.
Customer: replied 5 days ago.
if I win the trial and he needs to send me the refund, will he have as well to pay back my lawyers fees or not?

The trial fee is £335.

If you win the trial then any cost is added to the claim.

But you can not claim all your legal costs back as a small claim.

You should just say you want a refund or you will issue proceedings.

Does that help?

Customer: replied 5 days ago.
ok thank you so much and one last question, do I have a chance to win without a lawyer on my side?

Yes, you do.

You have a valid argument.

Does that assist?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 5 days ago.
thank you very much for your help :)

Can I assist with anything else today?