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Do i have a legal case??


we were due to get married in December but now the church has said it needs to cancel the date (or i can change churches) because the roof needs replacing. Now the roof has needed replacing for a while and they have been appealing for money to complete this for a long time. They have now discovered they can afford it and want to bring the repair date forward as it would cost them less to do it before the winter.

now not only have we spent a lot of money on this but the reason we are having the wedding in December is because our original date (next July) was moved due to the fact they wanted to repair the roof over the summer!!!!

So basically they moved our wedding (well told us to move it forward or back 6 months) because they wanted to fix the roof in July, then they bring the date of the roof fix forward themselves after we have sent out invites, booked photographers, arranged wedding reception etc because they can save a bit of money.

do we have a legal basis to challenge this?/ if so on what grounds etc....... i would be very grateful for any advice you could give

In response, yes we paid a deposit to book the date which is confirmed in writing

They aren't being very Christian, are they?

You need to speak to the Parochial Church Council (the PCC) and explain how upset you are, especially as you moved your wedding date to accommodate their blasted roof repairs in the first place!

Put your concerns in writing.

If you get no reply, or an unhelpful one, take all the correspondence to a Citizens Advice Bureau (addresses on their website) for free legal advice, or to a solicitor. If you go to a solicitor, ask straight away how much their advice is going to cost ... it varies a lot.

You may also want to let the church know that the local newspapers might be interested in their less than Christian attitude and their failure to keep their word to you.

Their roof won't get repaired in December anyway ... Have you ever seen a roofer up a roof in December? There's a good reason why they are busier in July... it's called the weather. And what about Christmas Church Services? They should spend the extra few quid and repair their roof when everyone's away in Majorca etc .... July!

They have entered into a legal contract by accepting your deposit, I would say that you have a case for compensation. I have heard of a similar case and the County Court Judge ruled in favour of the couple and not the church. A letter to the Bishop may be the first step and then I would consult a solicitor, or you could just issue a Summons in the County Court for your losses

If you do not have a written contract then you do not have much of a case. Just try to work it out or go to another church. I would be very hesitant to bring legal action against a church, even if I felt I had a good case.

hmmmm .. i guess it would depend.... did you pay money to use the church on that date?? if you have already paid to reserve the church, you might... but if they are letting you use it free of charge, then prolly not.

Yes, you can sue. I am both an attorney and a former church council member. We had to cancel a number of weddings because of hurricane damage to the church, which is not your situation, but is similar in effect. I'm more than a little stunned the church did not offer an alternative site for the wedding, but instead told you to move the date.

However, what are your damages? Be aware that you have a legal duty to "mitigate," or lessen, your own damages. That means you have to take reasonable steps to keep our damages down.

If the deposit was not returned to you, you can sue for that. The difference between the costs of renting the church and renting another venue is an additional cost you can sue for. Any additional costs you incur for changing the location are also a source of damages.

Legal advice? No, this is all very unfortunate but would you be happy having to resort to some arm twisting on the grounds of what should be correct or not. you are caught in the middle as I see it., it's just one of those things, work round it, or go to another Church afresh and start again, you will not be happy on the day, or looking back in later life having got married under a cloud, that's the last thing you will want for a nice memory of your wedding day, if you insist on taking this further, and I hope you don't, try your local Citizens Advice bureau, and put something in the poor box. good luck anyway.

I would say they had a duty of care, and if their building is not available then having agreed that you would be wed there, it is up to find an alternative venue.

However, there is in all probability a get out clause

Legalities and realities are not always the same. If you go to law you lose money. As long as it can happen on the same day in the same area the wedding venue is really immaterial. In the end you are going to marry each other, of course you want to give her the best day she can have, and you can do that for her can't you?

I think you should see a solicitor asap. It may depend on what country you are in, but generally you have a contract. The church or Diocese are obliged to conduct your wedding on the date agreed. If they are unable to do so then they are liable for all the natural and reasonably foreseeable costs and expenses which you actually incur. However, if they are willing to accommodate you at some other church you will have to accept that. They would still be liable for additional costs associated with the change of venue. I also think it would be a good idea to raise this with the Bishop or whover is the most senior churchman in your church and locality. If you are in England you should raise it with Lambeth Palace.

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