Any business depends heavily on its businesses partners, suppliers and contractors for their commercial success. With numerous transactions of varying values and complexities taking place on a day to day basis, it’s no surprise that commercial transaction disputes are commonplace. Whether it is a dispute about an agency introduction, the sale of a business or a contract with a supplier, the costs and disruption of the dispute can often be limited through early intervention.
Having a well written contract in the first place that clearly sets out what is required from both parties will put you in a good position when a dispute arises. In the B2B world these contracts can and should be very robust as the courts are increasingly upholding even the most onerous of clauses. The clearer they are, the less room for disagreement. However if there is a conflict, we can help you achieve the best outcome for your business.
We have experience of advising businesses on both the making and receiving end of claims, which allows us to be one step ahead and secure the best outcome.
As a business, you’ll want to keep any disruption to the running of your business to a minimum and our team will try to find a way of resolving the dispute without going to court. We will unravel the facts, provide realistic advice on the legal issues and strategic commercial guidance as to how the dispute is best resolved either through alternative dispute resolution or litigation. We can also help you learn lessons from the dispute to help avoid similar disputes arising in the future.
Our expertise includes
- contract disputes with suppliers or customers
- disputes over incorporation of terms of business
- disputes over enforceability of contractual terms
- consumer contract disputes
- agency disputes including introduction fee claims
- IT disputes including outsourcing and software disputes
- business sale and warranty claims.
Our approach to commercial transaction disputes involves an analysis of
- the contract – what was agreed, is it clear and enforceable?
- the facts – what are the relevant facts? What are agreed and what are in dispute? Do they go to what was agreed, breach or loss and damage?
- the law – has this particular type of contract or clause been considered by the courts before? Would the facts establish a breach of contract? Are the losses recoverable?