Contractual disagreements in business are not uncommon, but they can interrupt the smooth running of your commercial operations and divert resources in unhelpful ways. It is better that disputes are avoided in the first place, which can often be achieved with careful and precise drafting of business contracts.
Reassuringly, most contract disputes can be resolved quickly with the right legal support, avoiding the stress and expense of costly litigation.
Commercial relationships are governed by the agreed express and/or statutory implied contractual terms which establish each party’s rights and responsibilities. Where your business relationship has fractured, we will review the applicable contract documentation and facts and discuss the steps we can take to robustly protect your interests.
The Commercial Litigation Team at mfg Solicitors can provide early, strategic advice on how we can help you resolve the issues. Our clients instruct us across a wide range of contractual disputes - from debt claims and construction disputes, to licence breaches and landlord & tenant disputes.
Early settlement
Regardless of the nature and complexity of a dispute, it is in everyone’s best interests to strive to resolve differences straightforwardly and quickly to avoid court action. In our experience, few parties involved in a commercial dispute want to go to trial, and our aim is to reach a mutually acceptable resolution without compromising your interests.
Disputes typically arise because of misunderstandings of contractual provisions, how a term should apply to a given set of circumstances and whether external factors affect the contract.
Whatever the key issues in dispute, resolving them is essentially a matter of contractual interpretation (requiring an examination of the contract to determine its meaning and the parties’ respective responsibilities). If one party is simply refusing to perform its side of the bargain, we will act firmly to secure compliance and/or seek damages on your behalf.
Interpreting the contract
Our key task is to determine the objective meaning of the contractual words the parties used at the time the contract was entered into, in the context of the contract as a whole.
The starting point is to assume that when the parties use particular words and expressions, they intended these to have their natural meanings at the time they entered into the contract. The courts are unlikely to deviate from this principle save in certain situations, such as where doing so would otherwise lead to an unreasonable outcome (e.g. it would make no commercial sense or even produce an absurd result).
Often, it becomes apparent that a contract term or provision is unclear or ambiguous. We will carefully consider what the parties’ common intentions were at the time to determine the interpretation that makes commercial business sense given the overall context.
You may be able to rely on evidence as to the circumstances in which the contract was agreed, to determine the intended meaning of the contract. This could be email exchanges, records of telephone discussions and meeting notes.
Overall, it is important that you provide us with anything that you think could help support your case but also which might negatively impact your case so that we can carry out an objective assessment of merits and provide circumspect advice.
Will litigation be necessary?
The courts actively discourage litigation and has moved towards an increased focus on costs and case management; and most cases are resolved before litigation becomes unavoidable.
Where litigation becomes likely, we will guide you through the process and protect your interests throughout, vigorously advocating on your behalf.
How we can help
Our specialist Commercial Litigation Team supports companies, partnerships and individual clients across a diverse variety of contractual matters. For prompt advice, please get in touch with Reuben Grimshaw at mfg Solicitors on 01562 820181 or email reuben.grimshaw@mfgsolicitors.com.