Contract Disputes

Not always. There are several ways of dealing with disputes without going to court. The most popular method is mediation, but there are alternatives such as arbitration, adjudication and expert determination, which can avoid court proceedings.

A sure-fire way to keep any disputes to a minimum is to have watertight documentation. Having clear, concise contracts will help with transparency from a business. On the other hand, make sure that any contract is read fully before signing and any changes made to an agreement are always documented to protect both parties.

Litigation has no fixed definition, but it’s generally understood as to mean a claim brought into the courts and the procedures and rules relating to it.

As disputes can be very complex, especially if you have to go to court, our specialists can guide you through the process and assist in providing the best possible outcome.

Usually, when a contract is in writing, and both parties have signed this agreement, it can only then be inferred that the documentation bounds each party. However, if there is other evidence that sheds light on the intention of either party, a more flexible approach may be taken by courts to resolve the case.

The Limitation Act 1980 provides a six-year period in respect of breach of contract. The cause of action accrues on the date of the breach of contract and the six-year limitation period runs from this date.

This act does have a caveat if parties’ contract out, either by agreeing a different period (longer or shorter) prescribed under the Limitation Act or having an agreement for no limitation.

The only time this will not apply is if the agreement falls foul of the requirements of the Unfair Contract Terms Act 1977.