Contract disputes often arise from disagreements over how terms should be interpreted or whether obligations have been properly performed. When a breach occurs, the innocent party must establish the breach, show the loss that flowed from it and consider the remedies available, all within the time limits the law imposes.
A dispute can arise where parties disagree about the terms of a contract, how specific wording should be read, or whether a party has done what it promised. Where the answer is that a party has not performed, further questions follow:
- What loss has the innocent party suffered, and can it be proved and quantified?
- Are there enforceable terms that exclude or limit liability for some or all of those losses?
- Must the parties refer their dispute to mediation, arbitration or another form of alternative dispute resolution before starting court proceedings?
- Have any statutory time limits for bringing a claim expired?
How we help
We act for claimants and defendants in disputes arising from commercial agreements, supply and services contracts, agreements for the sale of land or businesses, shareholder and partnership agreements, loan agreements and guarantees. Our work includes:
- early assessment of the merits, the value of the claim and the likely costs;
- pre-action correspondence in accordance with the Practice Direction on pre-action conduct;
- negotiation and mediation, which resolve the majority of disputes without a trial;
- issuing or defending proceedings in the County Court and High Court, including applications for interim injunctions where assets or evidence are at risk;
- enforcement of judgments and settlement agreements.
The department is led by Clive Hyer, who has over 35 years’ experience of commercial litigation, including reported cases.