Contractual disputes
Contracts are the life blood of commercial relationships, but when that contractual relationship breaks down, our Commercial Disputes team will be there to assist. We provide practical advice from the outset that is focused on resolving the dispute as swiftly and as economically as possible. When an early resolution is not possible, we are able to advise our clients on the options available to them, and when necessary, we can guide our clients through the litigation process from pre-action formalities all the way through to a High Court or Country Court trial.
In conjunction with our Commerce & Technology Team, we can also advise clients at the pre-contractual stage, so that covenants can be reviewed, and governing law and jurisdiction clauses can be considered in the event that contractual relationships break down. This will help to ensure that our client’s best interests are safeguarded from the outset.
Our focus always remains on meeting specific client objectives and acting at all times in their best commercial interests. If we are brought in early enough, we can advise on pre-emptive dispute avoidance measures that aim to prevent a dispute becoming litigious, or at least assist in bringing the matter to an early commercial resolution. We are also highly experienced in all forms of Alternative Dispute Resolution (“ADR”), including mediation, arbitration and early neutral evaluation, which can be used as an alternative, or compliment, to Court proceedings.
The types of contractual disputes which arise for our clients are too numerous to list in full, but notable instructions have included:
- advising a UK motor vehicle distributor on the contractual liability of parties following contract renewal procedures
- acting for a major plc client within the automotive sector in respect of claims arising out of high profile motor racing agreement with top driver
- acting for a major travel portal client in respect of issues arising out of a major outsourcing contract and the successful resolution of those issues
- advising a multinational corporation on cross-jurisdictional issues in relation to the control and management of a potential product liability issue
- advising the purchaser of a business on claims against the seller for misrepresentation and breach of warranty arising from the share purchase agreement
- acting for an engineering client in relation to a dispute with its insurers over the scope of the indemnity provided under the insurance contract.
For further information on this or any other litigation issue, please contact Stuart Evans by emailing Stuart or by calling him on 08450 990045, or speak to your usual contact in the Commercial Disputes Team.
Here is a selection of articles we have written on issues relating to contractual disputes:
No Chance – Court of Appeal rules not to extend “loss of chance” to commercial valuations
Exception that proves the Rule – Supreme Court extends Exception to Without Prejudice privilege
"I'll hold you to that" – the dangers of pre-contractual sales promises
The Jackson Review on litigation costs - the winners and the losers
The rising tide of litigation funding
Can't pay, won't pay - protecting your assets in the supply chain
Confidentiality in mediations - when can a mediator be called to give evidence in court?