Breach of Contract Solicitors

A breach of contract in UK law arises when one party fails to fulfil their obligations as set out in the agreement, whether the agreement is written, verbal, or implied.

In simple terms, a breach of contract is when promises made within a contract are not kept. There are several types of breaches recognised under UK law:

1. Material Breach: This is a substantial failure to perform one’s duties as set out in the contract, often impacting the contract’s core purpose. In such cases, the aggrieved party can claim damages and may be freed from their own obligations under the agreement.
2. Anticipatory Breach: Here, one party indicates, either through actions or words, that they will not fulfil their end of the deal. This gives the other party the right to take legal action immediately rather than waiting for the actual breach to occur.
3. Nominal Breach: This happens when there is a minor failure that does not significantly affect the contract’s outcome. Damages may be minimal or non-existent in these scenarios.
4. Partial Breach: When one party does not completely fulfil their contractual duties but does perform a part of it, it is considered a partial breach. The affected party can typically claim damages but must continue their own obligations under the contract.

Understanding the nature of a breach is very important. If you suspect a breach of contract, seeking timely legal advice is paramount. At Go Legal, our breach of contract solicitors offer clear advice and solutions so that you get the best result in your breach of contract dispute.

Please call us on 0207 459 4037 or complete our booking form below for a Free Consultation with one of our expert breach of contract solicitors today.

Contracts are fundamental to any business. They define the expectations and obligations of all parties involved. A breach can occur when one party fails to fulfil its end of the agreement. In our experience, our lawyers have seen so many breaches occur in business and we have successfully settled several cases for clients. The common examples of breach of contract claims are:

1. Non-Payment for Goods or Services: This is perhaps the most straightforward breach. If one party does not pay as agreed, they are in breach of the contract. This includes paying less than agreed or not paying at all. Our firm has a dedicated debt recovery team that has a high success rate in recovering unpaid debts, interest, and costs.
2. Late Delivery or Non-Delivery: If a supplier promises to deliver goods on a particular date but delivers them late, or not at all, it constitutes a breach.
3. Substandard Goods or Services: Delivering goods or services that do not meet the agreed-upon quality or specifications is a breach. For example, if a business agrees to supply Grade A products but delivers Grade B products.
4. Misrepresentation: If a party provides false information or misrepresents facts during the negotiation phase, and the other party relies on that false information, it can be a breach.
5. Violation of Confidentiality or Non-compete Clauses: Many business contracts have clauses preventing the involved parties from sharing confidential information or competing in specific markets. Violating these clauses can result in a breach of contract claim.
6. Unauthorised Assignment of Contract: If a contract specifically states that it cannot be assigned to a third party without consent, doing so without permission can be a breach.
7. Termination Without Cause: If one party terminates the contract without a valid reason or without following the contract’s defined termination procedure, it is a breach.
8. Failure to Act in Good Faith: Contracts often have implied terms that parties will act in ‘good faith’ or ‘fair dealing.’ Taking actions that intentionally harm the other party’s interests, even if not explicitly prohibited in the contract, can be considered a breach.
9. Not Providing Agreed-Upon Support: For example, a software vendor might breach a contract if they fail to provide customer support as stipulated in the agreement.
10. Infringement on Intellectual Property Rights: Using copyrighted materials, patents, trademarks, or trade secrets without permission can result in a breach of contract claim.

Business contracts are designed to safeguard interests and ensure clarity in business relationships. However, breaches can occur, leading to financial losses or damaged relationships.

If you believe you have experienced a breach of contract or are accused of a breach, it is vital to seek legal advice to understand your rights and potential remedies. At Go Legal, our breach of contract solicitors specialise in navigating the complexities of contractual breaches under UK law, offering expert guidance and representation.

Please call us on 0207 459 4037 or complete our booking form below for a Free Consultation with one of our expert breach of contract solicitors today.

In the UK, establishing a breach of contract in court requires a systematic approach, laying down specific elements to make a compelling case. Our lawyers have extensive experience in successfully settling at trial and resolving breach of contract disputes at mediation/ADR.

In our experience, there are several key elements to prove a breach of contract:

1. Existence of a Valid Contract:  You must prove that a legitimate contract existed between the parties. This can be in the form of a written agreement, a verbal agreement, or even through conduct which implies an agreement was in place. It would be ideal to have and retain a copy of the agreement that is signed by the parties.
2. Terms of the Contract: Identify and present the specific terms that the parties agreedd. This can involve explicit terms (clearly defined roles and responsibilities) and implied terms (obligations imposed by law, custom, or conduct). It would be sensible to have a lawyer draft these contracts so that there can be no ambiguity in the wording of the terms of the contract, and to ensure that the contract is written on favourable terms to you (and seeks to avoid any issues in the future).
3. Demonstrate the Breach: With the terms clarified, pinpoint and evidence how the other party failed to meet their obligations. This can range from not delivering goods or services, late delivery, delivering subpar quality, or any other deviation from the agreed-upon terms.
4. Losses Suffered: Highlight any financial or other losses you have incurred as a direct result of the breach – this can include direct losses, consequential losses, interest and other associated losses which you may have suffered as a result of the breach of contract. This is critical, as compensation in breach of contract cases is usually linked to tangible losses suffered by the aggrieved party. Our lawyers work with our in-house accountants  to calculate all your losses to optimise the amount of compensation you can recover for breach of contract.
5. Attempted Resolution: It is beneficial to show that you have made genuine attempts to resolve the dispute before issuing a Court claim. This could be through negotiation, mediation, or any other form of alternative dispute resolution.
6. Defences and Counterclaims: Your opponent will have an opportunity to put in a defence (and counterclaim) to your breach of contract claim (typically within 14-28 days of serving the breach of contract claim).

Our breach of contract solicitors, we have extensive experience in assisting clients with these challenges and have a proven track record of successful outcomes.

Please call us on 0207 459 4037 or complete our booking form below for a Free Consultation to discuss your breach of contract dispute.

When a contract is breached in the UK, the law provides several remedies to the injured party or the party that has suffered loss as a result of the breach, ensuring justice and fairness. These are the most common remedies that we see in our experience:

1. Damages: This is the most common remedy. Damages aim to compensate the injured party for the loss they have suffered due to the breach.
   • Compensatory Damages: Designed to put the claimant in the position they would have been in had the contract been performed correctly.
   • Liquidated Damages: Pre-agreed amounts to be paid in the event of specific breaches, often outlined in the original contract.
   • Nominal Damages: Awarded when a breach is proven, but no actual financial loss has occurred.
   • Punitive/Exemplary Damages: Rare in contract cases, they are designed to punish the breaching party for particularly egregious behaviour.
2. Specific Performance: The court orders the breaching party to fulfil their obligations under the contract. It is typically used when damages would be inadequate, like in the sale of a unique item.
3. Injunction: A court order preventing a party from doing something. For example, it might stop someone from breaching the contract further or from taking actions that would exacerbate the situation.
4. Rescission: This sets the contract aside, returning both parties to the position they were in before the contract existed. It is usually applied in cases of misrepresentation or fraud.
5. Restitution: Ensures that one party is not unjustly enriched at the other’s expense. If one party has conferred a benefit upon the other (outside the scope of the contract), they may be entitled to be reimbursed for the value of that benefit.
6. Rectification: If the written terms of a contract do not reflect the actual agreement made between the parties due to a mistake, the court can amend the terms to reflect the true intention.

Navigating the complexities of contractual remedies in the UK requires expert legal guidance. At Go Legal, we pride ourselves on our deep understanding of contractual laws and our commitment to ensuring our clients receive the justice they deserve. Whether you are facing a breach or seeking to understand your rights, our team is here to assist every step of the way.

Understanding time limits is crucial when considering any legal claim; legal time limits are often referred to as the limitation date. If you start a claim after the limitation date has passed, you run a significant risk that your claim will be time-barred and struck out by the Court. In this unfortunate circumstance if a time-barred claim is pursued, you will be liable for the losses, and you will lose any entitlement to pursue a claim.

It is therefore important to take prompt action when a breach of contract has occurred; early action can significantly improve the prospects of success and the options available to you, and ensures that the opponent that has breached the contract does not seek to deplete funds.

There are specific time frames within which a breach of contract claim must be initiated, or you may lose the right to pursue remedies:

1. Statutory Limitation Period (primary limitation date): Under the Limitation Act 1980, the general rule for breach of contract claims is that you have six years from the date of the breach to commence proceedings. If you do not start a claim at Court within this period, you typically lose the right to claim.
2. Special Contracts – Deeds: If the contract is a deed (a particular type of formal document), the limitation period is extended to twelve years from the date of breach.
3. Latent Damages: If the breach causes damages that are not immediately apparent or if you are not aware of the breach, the clock may start ticking from the “date of knowledge” under section 14 of the Limitation Act – the day you realised (or reasonably should have realised) you had a claim.
4. Extension & Exclusion: Parties can agree to modify the standard limitation period for example by adopting a standstill agreement, but such changes must adhere to specific legal requirements to be enforceable.
5. Taking Action: If you believe you have suffered a breach of contract, it’s vital to seek legal advice promptly. The sooner you act, the better positioned you will be to gather evidence, assess your position, and pursue remedies.

Time is of the essence. At Go Legal, we combine swift action with comprehensive expertise to ensure your rights are upheld. If you suspect you have experienced a contract breach, do not delay. Reach out to our experienced team today. Please call us on 0207 459 4037 or complete our booking form below for a Free Consultation with one of our expert breach of contract lawyers today.

A breach of contract can result in substantial financial and reputational damage to businesses. By taking proactive measures, businesses can significantly reduce the risk of breaches. In our experience, the following course of action may help in preventing breaches and may put you in a better position should any breach occur:

1. Clear and Comprehensive Contract Drafting: Begin with a well-drafted contract. Ensure that the terms are clear, specific, and leave little room for ambiguity. The clearer the terms, the less chance there is for misunderstanding or disputes.
2. Mutual Understanding: Before finalising a contract, ensure that all parties understand their obligations, rights, and the consequences of breaches. Open communication can help in clarifying any ambiguities.
3. Robust Due Diligence: Understand the party you are contracting with. A thorough due diligence process can help in determining their financial stability, reputation, and track record, ensuring that they are capable and willing to meet their contractual obligations.
4. Regular Monitoring and Oversight: Regularly review performance against contractual obligations. This helps in early detection of potential breaches, allowing for corrective action to be taken before the situation escalates.
5. Flexible Exit Clauses: Consider incorporating flexible termination or exit clauses for scenarios where continuing the contract becomes unfeasible for either party.
6. Dispute Resolution Clauses: Clearly define the mechanisms for resolving disputes, such as mediation or arbitration. This can provide a clear path to resolution without immediately resorting to litigation.
7. Regular Contract Reviews: As businesses evolve, so do their needs. Periodically review and update contracts to ensure they align with the current business environment and objectives.
8. Training and Education: Ensure that employees and stakeholders understand the significance of contracts and the importance of adhering to their terms. Regular training can reinforce this.
9. Insurance: Consider obtaining contractual liability insurance, which can protect your business from potential financial losses arising from breaches.
10. Engage Legal Counsel: Before entering into significant contracts, seek advice from legal professionals experienced in contract law. They can provide insights, identify potential pitfalls, and draft robust contracts.

By taking a proactive approach and implementing the above strategies, businesses can significantly reduce the risk of breaches. The key lies in clear communication, thorough understanding, and regular monitoring of all contractual obligations.

If you are looking to draft, review, or strengthen your business contracts, our team of expert contract lawyers is here to help. Please do not hesitate to call us on 0207 459 4037 or complete our booking form below to schedule a Free Consultation with our expert breach of contract lawyers and ensure that your business agreements stand strong against potential breaches.

One of the primary and most common remedies for a breach of contract disputes is monetary compensation or ‘damages’ to indemnify the injured party and to put it back in the position it would be had the breach not occurred. However, depending on how a claim is pleaded, there are several ways in which a claim for damages could be calculated (and in some cases expert evidence may be required to bolster and support a breach of contract claim):

1. Expectation Loss (or ‘Loss of Bargain’): The most common form of damages, it aims to put the claimant in the position they would have been in had the contract been performed correctly.
2. Reliance Loss: This aims to put the claimant back into the position they were in before the contract was made. It is often used when expectation loss is hard to determine. For instance, if you spent money preparing for a service that was never delivered, you would claim back your preparation costs.
3. Restitution: This is designed to prevent unjust enrichment. If one party benefits unfairly due to the breach, they might have to pay back the benefits received.
4. Liquidated Damages: Some contracts have predetermined, or ‘liquidated’, damages set out for specific breaches. These amounts should represent a genuine pre-estimate of loss and not act as a penalty, or they may be unenforceable.
5. Mitigation: It is essential to note that claimants have a duty to ‘mitigate’ or minimise their losses. If you can take reasonable steps to reduce the loss you suffer, you are expected to do so. Any damages awarded will consider this mitigation.
6. Caps and Limitations: Some contracts have caps on liability or exclude certain types of losses, so always check your agreement.
7. Special vs. General Damages: Special damages cover direct, quantifiable financial losses, such as lost earnings or repair costs. General damages cover non-monetary losses, like pain and suffering or loss of reputation.

At Go Legal, our dedicated team ensures that you receive the compensation you deserve while guiding you seamlessly through the legal intricacies. If you are navigating the aftermath of a contractual breach, trust our expertise to illuminate the path ahead. Please call us on 0207 459 4037 or complete our booking form below for a Free Consultation with one of our expert breach of contract lawyers today.

There are several valid defences that could be used to counter and defend breach of contract claims. In our experience some of the most common are:

1. Lack of Formation: The basic elements of a valid contract—offer, acceptance, consideration, intention to create legal relations, and certainty—must be present. If any of these elements are missing, the contract might not have been formed and could be challenged.
2. Misrepresentation: If a party entered the contract based on a false statement made by the other party, they might be able to avoid the contract due to misrepresentation.
3. Mistake: Sometimes, both parties are under a common misconception regarding fundamental aspects of the contract. In such cases, the contract may be deemed void and a party may ask the Court for rectification to make sense of the contract if it has not been drafted properly.
4. Duress or Undue Influence: A contract is voidable if one party can prove they were coerced into entering it, whether by physical threats (duress) or improper pressure (undue influence).
5. Incapacity: Contracts made by individuals lacking capacity (e.g., minors, those suffering from mental disabilities) may be considered void or voidable.
6. Impossibility or Frustration: If unforeseen events render the contract’s performance impossible or significantly different from what was envisaged, the contract may be ‘frustrated’, and parties might be relieved from their obligations.
7. Illegality: If the contract involves illegal acts, it is unenforceable, and neither party can claim a breach.
8. Limitation Period: In the UK, the general rule is that a breach of contract claim must be brought within six years from the date of the breach. If the claim is made after this period, it might be time-barred.
9. Waiver: If the claimant has waived their right to complain about the breach or has affirmed the contract after the breach, they might be prevented from bringing a claim.
10. Exclusion Clauses: Some contracts include clauses that exclude or limit liability for certain breaches. However, the application of these clauses can be complex and may be subject to scrutiny for fairness and reasonability.

It is crucial to remember that the context of each breach claim is unique. Our experienced and dedicated breach of contract lawyers will meticulously examine every facet of your breach of contract case, offering a robust defence strategy and will tailor each aspect of the claim to your specific situation.

Even if you have an oral or verbal agreement it can still be legally binding. However, you must be clear on the terms i.e. who said what and what was agreed, when the conversation took place and provide any evidence that you have to support the contract, this could be demonstrated by correspondence or conduct.

1. Formation of a Verbal Contract: Just like written contracts, a verbal agreement requires the fundamental elements of a contract: offer, acceptance, intention to create legal relations, and consideration. If these elements are present, the verbal agreement is legally binding.
2. Proving the Agreement: The primary challenge with verbal agreements is proving their existence and terms. Without written evidence, it relies heavily on the credibility and consistency of witness testimony, any subsequent actions that align with the agreement, and any other supporting evidence (like emails, text messages, or call recordings).
3. Memory and Ambiguity: Over time, memories fade, and there can be genuine disputes over what was agreed upon verbally. Without a written record, parties might have different interpretations or recollections of the agreement’s terms, leading to disputes.
4. Remedies: If a breach of a verbal contract is proven in court, the remedies are generally the same as those for written contracts. This includes damages, specific performance, and injunctions.
5. Prevention: To avoid potential disputes, it is advisable to follow up any verbal agreement with written confirmation, even if it is just an email summarising the discussed terms. This can serve as evidence and provide clarity for both parties.

In conclusion, while verbal agreements can be legally binding in the UK, proving a breach can be more complex than with written contracts. If you believe you are a party to a breached verbal agreement or facing allegations of a breach, seeking professional legal guidance is paramount. At Go Legal, we are well-versed in navigating the intricacies of verbal contract disputes and are here to provide expert counsel every step of the way. Please call us on 0207 459 4037 for a Free Consultation with our lawyers today.

Navigating the complexities of a breach of contract can be daunting. Many individuals and businesses worry about the time, costs, and reputational implications of litigating such matters in court. However, there are several alternatives to court proceedings, allowing parties to find common ground in a more amicable and cost-effective manner. In fact, in our experience roughly 95% of breach of contract disputes settle by way of ADR without having to go to trial thereby giving the parties a quick and cost-effective outcome.

1. Negotiation: The simplest way to settle a breach of contract claim out of court is through direct negotiation between the parties. Open communication can sometimes resolve misunderstandings or misinterpretations that led to the dispute in the first place.
2. Mediation: This is a structured process where a neutral third-party mediator assists the disputing parties to reach a mutually acceptable solution. The mediator doesn’t make decisions but facilitates discussions and promotes compromise. Mediation is confidential, and any concessions made during the process cannot be used as evidence if the dispute escalates to court.
3. Arbitration: Unlike mediation, arbitration is a more formal process where an arbitrator (or a panel of arbitrators) listens to both sides and then makes a binding decision on the dispute. The process is quicker than court proceedings and is particularly useful when the parties desire a legally binding resolution without the public exposure of a court trial.
4. Conciliation: Similar to mediation, conciliation involves a neutral third party who assists the parties in reaching a settlement. However, the conciliator often proposes a solution after understanding both sides, making it a middle ground between mediation and arbitration.
5. Contractual Settlement Provisions: Some contracts include clauses that specify how disputes should be resolved. This could be through any of the methods mentioned above. It’s always a good idea to review the contract for such provisions.
6. Pre-action Protocols: In the UK, before certain types of disputes are taken to court, parties are expected to follow specific procedures, which often encourage out-of-court settlements. This includes exchanging information about the prospective claim and potentially reaching a settlement through alternative dispute resolution (ADR) methods.

Choosing the right method depends on the nature of the dispute, the relationship between the parties, the potential costs involved, and the desired outcome. Resolving a breach of contract claim outside of court can save time, money, and stress. Moreover, it often preserves business relationships that might otherwise be damaged through contentious litigation.

If you believe you have a breach of contract claim, or if someone has made such a claim against you, it is always a good idea to seek legal counsel from our expert breach of contract UK lawyers. We will guide you through the options available and help you determine the best course of action for your specific situation. Many of our expert lawyers are also trained mediators and can therefore provide invaluable insight into tactics and strategies to be used during the negotiation and mediation process in order to optimise and increase prospects of a successful outcome for you.

Please call us on 0207 459 4037 or complete our booking form below for a Free Consultation with one of our expert breach of contract lawyers today.

When parties enter into a contract, they often try to put everything in writing, detailing their respective obligations and rights. However, not all contractual terms are explicitly stated. Some are ‘implied’ into the contract, either by law, custom, or the circumstances surrounding the agreement. These are known as ‘implied terms’.

What Are Implied Terms? Implied terms are not directly stated or written in contract but are understood to exist due to their underlying importance in ensuring fairness, efficacy, or because they are simply taken for granted in certain contracts and situations.

Sources of Implied Terms:

1. By Law: Certain terms can be implied by statutes. For instance, in the UK, the Sale of Goods Act 1979 implies terms into contracts for the sale of goods regarding the satisfactory quality and fitness for purpose.
2. By Custom or Practice: If certain terms are customary in a particular industry or type of transaction, they might be implied into contracts within that realm unless expressly excluded.
3. By the Courts: Courts may imply terms to reflect the ‘true’ intentions of the parties, particularly if there is an ambiguous area or an unforeseen scenario not addressed in the written contract. This will be subject to interpretation and what the court may deem as commercial. A party may also be need to apply to the court for rectification if there was a mistake in the drafting of a particular clause in the contract.

Implied Terms & Breach of Contract: Implied terms are as binding in the same way as expressed terms. Therefore, if one party fails to adhere to an implied term, it can lead to a breach of contract. Such a breach carries the same potential remedies as breaches of express terms, including damages, specific performance, or contract termination.

When a dispute arises over an implied term, it can be a complex matter. Determining whether a term should be implied and whether it has been breached requires a deep understanding of the law, the nature of the agreement, and the context in which the contract operates.

If you believe an implied term has been breached or if you have any concerns related to contractual obligations, our team of skilled contract lawyers is here to help. Please call us on 0207 459 4037 or complete our booking form below for a free consultation and ensure that your contractual rights and interests are robustly defended.

Yes potentially. A breach by one party can indeed provide grounds for the other party to terminate the agreement. However, whether a contract can be terminated due to a breach largely depends on the nature of the breach and the specific terms within the contract.

1. Material Breach: If a party has committed a ‘material breach’, it means that the breach is so significant that it undermines the entire purpose of the contract. In such instances, the non-breaching party is typically entitled to terminate the contract and claim damages.
2. Anticipatory Breach: If one party indicates (either through words or actions) that they intend not to fulfil their contractual obligations in the future, the other party might have grounds to terminate the contract even before the actual breach occurs.
3. Contractual Terms: Always refer to the termination clauses in the contract. Some contracts have specific terms that dictate the steps to be taken in the event of a breach, including any notice periods or opportunities to remedy the breach.
4. Minor Breaches: If the breach is minor, meaning it does not significantly affect the core purpose of the contract, it may not provide sufficient grounds for termination. However, the non-breaching party might still be able to claim damages.
5. Waiver of Breach: If a party overlooks minor breaches without taking any action, it might be considered that they have ‘waived’ their right to act on that breach. It is crucial not to delay action if you believe the other party has breached the contract.

Important Considerations:

• Legal Advice: Before making any decision, it’s advisable to seek legal counsel. Wrongfully terminating a contract can lead to legal repercussions and potential damages.
• Documentation: Maintain detailed records of any breaches, communication, or actions taken, as these can be crucial if the matter escalates to legal proceedings.
• Alternative Dispute Resolution (ADR): Consider mediation or arbitration as potential routes to resolve the issue without resorting to court action.

If you suspect a breach of contract and are contemplating its termination, it is paramount to ensure you are on solid legal ground. Our expert breach of contract lawyers are here to guide you through every step, ensuring your interests are protected. Contact us for a Free Consultation to discuss the specifics of your situation and receive tailored advice on 0207 459 4037.

For those involved in international business and contractual relations, understanding the implications of Brexit on breach of contract claims is paramount.

1. Jurisdiction and Enforcement: Prior to Brexit, the Brussels I Regulation provided a framework for determining jurisdiction and the enforcement of judgments across EU member states. Post-Brexit, the UK no longer benefits from this streamlined process. While the UK has acceded to the Hague Convention on Choice of Court Agreements, which can provide some clarity on jurisdictional issues, the enforcement of UK judgments in the EU (and vice versa) has become more complex.
2. Choice of Law: The Rome I and Rome II Regulations, which determine the applicable law in contractual and non-contractual matters respectively, still apply in the UK. This means that, even after Brexit, UK courts will respect the choice of law made by parties in their contracts.
3. Contractual Uncertainties: Given the economic and regulatory shifts resulting from Brexit, some contracts might become more challenging to perform, potentially leading to more breach of contract claims. Clauses such as ‘Material Adverse Change’ or ‘Force Majeure’ might be invoked more frequently, especially if they reference changes in law or circumstances arising from Brexit.
4. Potential Regulatory Divergence: Over time, as the UK starts to deviate or adopt different standards from the EU in various sectors, businesses will need to be increasingly vigilant about regulatory compliance, especially in cross-border contractual relationships.
5. Arbitration: Arbitration, being less reliant on reciprocal arrangements between countries, might see a surge in popularity as a preferred dispute resolution mechanism for international contracts. The New York Convention, to which the UK is a signatory, ensures the enforcement of arbitration awards across its member countries, making arbitration a potentially more predictable avenue than litigation post-Brexit.

Brexit has introduced a level of unpredictability in the domain of international breach of contract claims. Parties entering or already bound by international contracts should review their agreements, considering the potential implications of Brexit and ensuring they are equipped to navigate any challenges.

If you have concerns about how Brexit impacts your contractual obligations or rights, our team of expert lawyers specialises in international breach of contract claims and is equipped to guide you through this post-Brexit landscape. Contact us today on 0207 459 4037 for a Free Consultation and ensure you are prepared.