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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 1693
Experience:  Freelance Solicitor at Self Employed
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I live in the isle of man and was due to get married in May

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Hi I live in the isle of man and was due to get married in May 2020 at Peckforton Castle in Cheshire. Due to Corona this was obviously cancelled and our borders remain shut here on the island , so we cant give notice either . The venue offered us another date in 2021 ( feb) due to Boris last announcement on the 1st October
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: sorry hit on send before i finished !
JA: What steps have you taken so far?
Customer: he said that gatherings and weddings over 6 cannot take place, now we agreed with peckforton that feb 2021 was looking unlikely as well and they contacted us yesterday to say they could give us a date in 2022 but we dont want that date as we cant ask everyone to re book flights etc so we asked for a refund which they have refused to give until feb 2021 - can they do this
JA: Anything else you want the Lawyer to know before I connect you?
Customer: yes - if peckforton turn around and say in feb well we can do the wedding but your choosing not to go ahead they get to keep the money - they know our situation here on the island and know we cant do anything short notice so its a win win for them and loss for us

Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

Hi there,

Sorry to hear about this.

could you please confirm if this re-scheduling of the wedding to Feb 2021, was mutually agreed between you and the venue?

Customer: replied 20 days ago.
Hi for the feb 2021 yes it was , they are now saying that they cannot refund us until then as they dont know how the restrictions are going to pan out

Right, as the re-scheduled date was agreed by both the parties, now venue need to see if the wedding can safely go ahead or not, before refunding the full amount.

As the doctrine of frustration would be applicable here, as the contract is not possible to complete , thus has frustrated. Discharging both parties of their contractual obligations, and returning any consideration ( money) taken for the performance of the contract.

Customer: replied 20 days ago.
by them saying they cannot refund us till Feb is wrong on their part ? I'm afraid they will turn around to us say in Feb and say well we can go ahead , your the ones saying you cant so we keep all the money ?

No, as the date is yet to come so can not say if the contract has been frustrated or not.

If instead of re-scheduling the date, in May 2020 you would have asked for full refund , then the venue would have to give it to you as they could not have completed their part of the contractual obligation,

Customer: replied 20 days ago.
ahh right ok so we are caught between a rock and a hard place ,( probably shouldve cancelled in May) they have offered to reschedule in 2022 so might be best to go for that- what a nitemare !

Yes, or you could have cancelled in May , have gotten your full refund , and then decide when to re-book , rather than re-scheduling on their given dates.

If the contract can not be performed in Feb 2021, ask for your money back.

Thank you and all the best.

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