Contract Disputes
Down-to-earth and pragmatic solutions to disputes
With tens of thousands of business contracts being signed every day, it is not unusual for disputes to arise. They are, however, time consuming to deal with, disruptive and can impact a business’ revenue stream.
If this happens to you, it is a time for cool heads and measured advice.
Our expert litigation team advises a wide variety of clients, including owner-managed businesses, PLCs and high-net worth individuals, guiding them through corporate and business disputes.
We understand how stressful disputes and litigation can be, so we aim to resolve them quickly and effectively, using a range of approaches, depending on your specific situation. No two disputes are the same, so we will work closely with you to gather all the details before advising on the best course of action – whether that’s alternative dispute resolution or litigation.
We are highlighted in the Legal 500 for our commercial disputes and litigation work, being described as a “well-organised and comprehensive” practice that advises on an array of issues. What makes us stand out is our holistic approach, as well as our down-to-earth and pragmatic advice. As a full-service practice, we draw on the expertise across all of our legal departments.
It is why we have a superb track record for getting the optimum results for our clients.
Related experience
Seeking early, cost-effective resolutions
The earlier you seek advice on a contract dispute, the better. As the legal system moves towards alternative dispute resolution (ADR), which includes mediation, arbitration and expert determination, it enables problems to be resolved faster and, importantly for you, in a more cost-effective way.
We believe early intervention is crucial, before any issues turn into a formal dispute, because this can help to preserve any existing business relationship you might have with the other party and will also help to maintain your professional reputation. We always look for ways to resolve a dispute without having to go to court, but we will engage the courts when necessary.
Alternative dispute resolution
Alternative dispute resolution (ADR) includes mediation, arbitration and expert determination. Encouraged by the government and the courts system, ADR is a way of settling a dispute discreetly and efficiently, without having to go to court.
Our expert team has significant experience in dealing with ADR and can advise on the best approach to your specific claim.
Types of contract disputes
Our expert team has experience of a wide range of commercial contract disputes, including IT contracts, share purchase agreements, asset purchase agreements, employment and service contracts (breaches of restrictive covenants), supply of good and service contracts, franchise agreements, distribution agreements, construction contracts and energy contracts.
Grounds to dispute a contract
The Higgs team will be able to advise on termination of a contract, whether you have claim for breach of contract or whether you have grounds to defend a claim.
Remedies for breach of contract
There are three main remedies for breach of contract:
- Specific performance: used more often in land and construction transactions. It is an appropriate remedy when damages alone are inadequate and can force a party to comply with their contractual obligations.
- Injunction: this is a court order that compels a party to either carry out or refrain from carrying out a specific act.
- Damages: these compensate a party for any loss sustained due to the breach. It is incumbent on the party suing for damages to prove, on the balance of probabilities, a causal connection between the breach of contract and the loss experienced.
Time limits for contract disputes
The Limitation Act 1980 states you have six years from the date of the breach to bring a claim for breach of contract. After six years, it is time barred, which means you will no longer be able to bring forward a claim.
We advise clients to contact us as early as possible if there is a potential dispute so we can provide timely, professional advice.
Why choose us as your contract dispute lawyers
As a full-service legal practice, we pride ourselves on providing a holistic service, using the expertise across our multi-disciplinary practice areas. Down to earth and practical, our lawyers are renowned for guiding clients clearly and methodically, providing bespoke advice to achieve the best outcomes.
Our rankings in legal directories speak for themselves.
Meet the contract disputes team
Julia Lowe
Partner - Head of Dispute Resolution
Emily Blakemore
Associate - Commercial Litigation
James Modley
Partner - Dispute Resolution
Jonathan Moss
Senior Associate - Commercial Litigation
Carole Maddock
Legal Director - Commercial Litigation
Matt Dudley
Partner - Commercial Litigation
