Contractual Disputes

All commercial activity involves the sale by one party of goods/assets and/or services to another party for some sort of consideration, usually financial. The bases (i.e. terms) upon which these goods/assets and/or services are bought and sold will be agreed between the parties (express terms) or to the extent not and (in certain matters) in any event implied by law.

These terms constitute the contract (where at least some of the terms are agreed) can be set out in a document or can remain an oral contract. An oral contract is no less valid than a written one although it is likely to present evidential difficulties as to precisely what was agreed. For the sake of clarity and certainty, all contracts should be recorded in writing.

In the vast majority of cases, each of the parties to a contract perform their obligations under that contract properly. However, in a minority of cases, one or more of the parties does not and a dispute arises. It may be the non-payment of all or some of the contract price or the provision of inadequate services or the supply of defective goods or a number of other types of problems. The disagreement (and at times absolute hostility) between the parties in relation to such matters needs to be resolved, whether between the parties themselves or with the help of lawyers and whether by some form of alternative dispute resolution or by means of arbitration or litigation.

We have the experience and expertise to deal with all types of contractual disputes. We deal with disputes ranging in value from £5,000 to multi-million pound ones and a broad range of different market sectors (from construction to property to energy to professional services); and ranging in nature from simple debt collection to breach of warranty claims and supply of defective goods.

It is not possible to provide a general estimate of costs for these types of applications because of the extent to which they will vary according to the nature and size of the claim involved.

We offer the full range of funding options (other than government funding) to include fixed fees, conditional fee arrangements, after the event insurance and third party funding. We also always provide cost estimates as soon as reasonably practicable and remain within those estimates or, where (for good reason) not possible, agree a revised estimate before the previous one is exceeded. This, together with our regular billing policy and transparency on costs, means you retain a degree of control and certainly over your legal spend. 

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Nicholas Taylor
Partner
T: 01273 669 128 (DDI)
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Robert Johnson
Partner
T: 020 7822 4106 (DDI)
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