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Commercial Contract Disputes

Contractual issues and disputes are inevitable, albeit unwelcome, in business. Managing disputes swiftly and effectively prevents disruption, saves costs and could prevent damage to your reputation or your business. Our highly experienced and commercially minded solicitors have a hands-on approach, making every effort to understand your business objectives to allow us to provide solutions tailored to your needs. We provide proactive, tactical advice in line with your business interests. Contact us today to find out how we can help.

We are a partner-led, niche litigation practice based in Central London and in order to provide an exceptional service for our clients, we only offer strategic, high-level advice and representation. As a result, we cannot cost effectively handle claims with a value below £10,000. However, if you are involved in a commercial dispute exceeding this amount, and want a team of fierce litigators determined to get you the results you need, contact Saunders today. Call us on 02076324300 or make an enquiry online.

Commercial Awareness

We advise companies and individuals alike on contractual disputes and have expertise across the business sectors. From large multinational organisations to sole traders, and with experts in commercial, employment, regulatory, health and safety, debt and insurance, and contract and media law, and in depth sector knowledge, we understand what is required to resolve any contractual dispute. Saunders Law is renowned for being implacable and resolute in litigation, ensuring the best outcome possible for our clients.

Applying this same determination on behalf of our business clients, we ensure the best and most robust solutions are also achieved in their corporate and commercial affairs. As an experienced and renowned litigation and dispute resolution firm, we regularly represent high-profile clients and handle complex commercial litigation and civil litigation cases in the High Court, Court of Appeal and Privy Council.

We deal with disputes involving all types of commercial contracts including:

  • Agency and distribution
  • Financial obligations
  • Contracts of sale
  • Contracts of hire
  • Trade finance
  • Delivery logistics?
  • Banking
  • Mergers and Acquisitions
  • Agency and distributor contracts
  • Franchise agreements
  • Warranty and indemnity matters
  • Retention of title 
  • Exclusion and limitation clauses
  • Restrictive covenants
  • Breach of confidence
  • Professional negligence
  • Misrepresentation claims

Recent example cases

The firm has advised and settled a number of recent high value contract disputes, including:

  • Successfully defending against an injunction in a distribution contract dispute between two specialist global technology and advertising firms;
  • Litigating a six figure contract dispute between a former financial trader and private individual investor including allegations of fraud;
  • Advising tactically on settlement offers in a £500,000 construction contract dispute otherwise destined for the Technology and Construction Court;
  • Advising a charitable organisation on a breach of contract dispute involving in a specialist architectural dispute;
  • Advising a consumer in high value sports car contract dispute;
  • Litigating a million pound negligence claim against a firm of surveyors for a disputed contract for services;
  • Arranging tactical advice in a contract dispute with Swiss jurisdiction aspects for a high value consultancy agreement for a financial project manager.

We focus on resolving issues in the most cost-effective ways and will always explore resolution thoroughly by way of negotiation or alternative dispute resolution. Where this is impossible, our highly experienced litigators will be on hand to robustly represent you in court.

Often, having advisors with a detailed understanding of how contracts arise and are constituted can help you better understand your position when disputes arise. The following information may assist should you find yourself embroiled in a commercial contract dispute.

Forming a Contract

A contract is formed when an offer which is sufficiently clear and certain is made, the offer is accepted and consideration (broadly, something of value) is provided. There has to be an intention on both sides to create a legally binding contract.

A contract can be formed in writing, or orally, or a combination of both. Oral contracts are just as legally binding and enforceable as written ones, but it is helpful to set any contracts out on paper as this will help to prove the contract should the need arise. In certain circumstances, a written contract is required by law.

It is also possible for a contract to absorb unexpected terms which can be implied by the actions or conduct of the parties involved. Terms can be implied into a contract: on the basis of previous similar dealings; where it was the intention of the parties to do so?; by custom; or by legal obligation in statute or common law.

Breach of Contract

A breach of contract may occur where one party fails to meet its obligations under the agreement, but is often a matter of degree: not all failures of obligation constitute a breach; when the breach has little or no practical effect on the contract as a whole it may not considered a “material breach” in the eyes of the law and may not be worthwhile pursuing.

A dispute about a breach of contract can be remedied in a variety of ways, either through negotiation outside of court or as decided on conclusion of a court case. Usually, compensation is sought from the party who has breached the contract to cover the loss caused to the innocent party. Additional factors that will be taken into account include the respective bargaining power of the parties, whether there is ambiguity in the contract, the business efficacy of the contract, and the loss suffered. We always encourage parties to try and negotiate a remedy outside of court where possible to ensure costs are minimised as well as any risk to business relationships. See our breach of contract page for more information and how we can help keep things in perspective and on track.

Alternatives to Litigation

At Saunders Law, we are committed to finding the best solution tailored to our clients’ needs and will consider a broad range of methods to resolve commercial disputes. If court proceedings are necessary, we will use our extensive advocacy and tactical skills to tirelessly fight your corner, but we recognise that disputes can be time consuming, expensive and harmful to business relations and we are well equipped to advise on all mediation and conciliation methods where appropriate.

ADR is not suitable for every dispute, but the courts do increasingly expect that those involved in civil and commercial litigation take steps to resolve the dispute before taking legal action. The court has the power to impose sanctions if one party to a dispute unreasonably refuses to negotiate. At Saunders Law, our expert Commercial and Civil Litigation Solicitors will always seek to resolve your dispute in a commercial and cost-effective way.

The benefits of instructing expert litigators for your commercial dispute are considerable and cannot be overstated. Instructing the right firm can mean the difference between winning and losing a case. At Saunders Law, our expert partner-led team of dedicated litigators has over 40 years of knowledge and experience to draw from, and is perfectly equipped to offer straightforward, commercially-sound and practical legal advice on any type of breach of contract dispute.

Contact our Expert Commercial Dispute Lawyers London

We are a team of experienced litigators, recognised for our advocacy skills and for tirelessly fighting our clients’ corners. We are well known for our high-profile work and excellent client satisfaction.

We provide transparent advice regarding the costs involved, are adept at offering commercially tailored funding arrangements, including potential conditional fee arrangements depending on merits, and we have excellent relationships with third party litigation funders. Call us on 020 3811 4850 or make an enquiry online.

Valuing your claim

Saunders Law is a renowned, litigation-only London law firm, based in the City of London. Undertaking only litigation and dispute resolution, the firm has the expertise, knowledge and determination, to protect your interests and achieve your commercial goals.

We attract enquiries from all over the world due to our reputation, but we can only act for you or your organisation if we both agree we are the right law firm to advise. You can find out more about the firm, its teams and its typical work here.
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