Background: A Wedding Turned Legal Battle
Marriage is undoubtedly one of the most significant milestones in a person’s life. Our client meticulously planned an extraordinary celebration for her special day, inviting 750 guests from across the world, from the West Midlands to India. Every detail was carefully considered, from stunning décor to a lavish banquet.
However, what was meant to be a joyous occasion turned into a devastating experience when her wedding was cancelled due to the global Covid-19 pandemic. The impact of the lockdowns on personal finances and the economy was severe, with the hospitality sector particularly affected. Fixed costs and overheads remained payable despite the significant loss of income.
Most of our client’s contractors rightfully refunded her payments, recognising that she had paid well in advance for services that could no longer be provided. However, due to the scale of her wedding, the event was set to take place at a prestigious football stadium, the Ricoh Arena in the West Midlands, where catering services were exclusively provided by an appointed contractor, Mahirs Experience Limited.
The Dispute: A Partial Delivery and a Refused Refund
Our client had paid £24,000 in advance for a wedding banquet service comprising 750 meals and a soft drinks package. Instead, she received only 100 vegetarian curries delivered to her home address. For over a year, she attempted to negotiate with Mahirs and later their solicitors to recover some of her money, yet they persistently refused to refund her.
Determined to assert her legal rights, our client—despite not having formal legal training—drafted her own pre-action correspondence and later pleadings. Litigation should always be a last resort in such matters. She initially invited the opposing party, who was legally represented, to engage in mediation to avoid unnecessary litigation costs.
However, they refused, dismissing her claim as meritless and incorrectly pleaded. Unfortunately, some legal representatives adopt an overly defensive approach, making it difficult to narrow the issues and reach a resolution.
Trial Outcome: A Victory Based on Frustration of Contract
Our firm was instructed just after proceedings had been issued and Mahirs Solicitors had filed and served their Defence. The case proceeded to trial, where the evidence was described by the judge as “voluminous” for what was, in essence, a straightforward and common-sense issue.
The judge found that the contract had been entirely frustrated, and our client was therefore entitled to compensation.
What Is the Legal Test for Frustration of Contract?
The doctrine of frustration applies when an unforeseen event occurs, rendering contractual obligations impossible to perform or radically different from what was originally agreed, without fault from either party. In this case, the unforeseen event was the Covid-19 pandemic, which imposed strict restrictions on human contact and gatherings.
The defendants argued that the contract could still have been performed. However, our client’s amendments had altered the contract so significantly that it no longer resembled the original agreement. Our barrister meticulously examined the details, demonstrating that the caterers were contractually bound to provide a full-service banquet at the named football stadium. Given the government restrictions in place at the time, it was impossible for the contract to be performed as intended.
In an unexpected turn during closing submissions, the defendant’s barrister attempted to argue that our client was not a party to the contract. However, our barrister swiftly directed them to the opening paragraphs of their client’s own defence, where they had expressly admitted the contrary.
In the end, judgment was awarded in favour of our client, who successfully recovered £15,700 in compensation—bringing closure to an incredibly stressful ordeal.
Key Takeaway: Know Your Contractual Rights
This case serves as a powerful reminder: never shy away from asserting your basic contractual rights.
We would like to thank Mr Peter Harthan of 7 Harrington Street Chambers for his skilful submissions during the trial which undoubtedly resulted in a successful outcome to the case.
If you require assistance with a contractual dispute, contact Phoenix Solicitors today for a discussion about how our experienced team can help you.
You can email Alisha Butler, our Director, at ab@phoenixlegalsolicitors.co.uk or call 0151 306 3694.
Rebecca Beesley
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