Contractual Disputes

Solicitors for breach of contract disputes and claims

Contractual disputes take many forms. If the other party has breached your contract, it’s important to carefully consider t=your position, both legally and commercially. Acting hastily and assuming you can terminate the agreement and recover damages, can prove to be a very costly mistake.

Where suitable possible, our dispute resolution solicitors often recommend looking to achieve a settlement using alternative dispute resolution methods such as mediation. However, when necessary we will pursue legal action robustly to ensure your business interests are protected.

Our specialist litigation solicitors can help you achieve resolution in the event of a breach of contract. We have experience in dealing with contractual disputes arising due to :-

• Non-performance or partial performance
• Rights to terminate a contract
• Breach of sale and/or supply of goods and services agreements
• Agency, distribution and franchise agreement related disputes
• Warranty and indemnity claims
• Retention of title clauses
• Exclusion and limitation clauses
• Contract misrepresentation
• Disputes involving Consultancy agreements
• Cross border disputes

Types of breach, remedies and damages

Breaches of contract can range from minor breaches, to material breaches, to those that are fundamental (not every breach of contract will give the other party the right to terminate). In some cases the breach may be anticipatory, meaning that one party expresses the intent not to fulfil some obligation that is written into the contract.

Common remedies include:

• Damages – the innocent party will need to prove damages, that they were foreseeable and caused by the breach and that they have taken steps to mitigate losses
• A specific performance court order – a discretionary remedy where the court orders the party in default to perform the contract properly
• Repudiation – where the breach is fundamental, going to then very core of the contract, or the innocent party has the contractual right to terminate following certain clearly defined breaches.

Get in contact

We have offices in London, Kent & Surrey but are able to represent you wherever you are in the UK – we can also advise in cross-border and international breach of contract cases.

We aim to achieve a settlement in the most cost-effective manner and understand that litigation is not always suitable given the time and costs involved.

Contact us today for more information.

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