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Dispute resolution

Commercial contract dispute solicitors

When a key commercial relationship turns sour, we help you protect the deal and your business.

Legally Sound podcast

What really happens when you go to court?

With Poppy Hawksley

In short

Ansons Law's commercial contract dispute solicitors help businesses resolve disputes over supply, manufacturing, distribution, agency and other trading agreements, from disputed terms and payment to termination. They usually turn on what the agreement actually says, and terminating without a proper right to do so can leave you as the party in breach. Commercial agents may be entitled to compensation or an indemnity when their agreement is ended.

Termination
Without a proper right, you can become the party in breach
Commercial agents
May be entitled to compensation or an indemnity on termination
Time limit
Usually six years, or twelve for a deed
Head of dispute resolution
Jason Alcock, Director

Check your position before you terminate

Termination needs care. Terminating without a proper right to do so, under the contract or the law, can leave you as the party in breach. Check where you stand before you act, not after.

Which terms govern a trading relationship?

Most commercial contract disputes come down to what the agreement actually says and what each side was entitled to expect. That sounds simple, but trading relationships are often run on a mix of signed contracts, standard terms, purchase orders and years of custom and practice.

Working out which terms govern the deal can be the first real question, especially where both sides have their own standard terms. Good records of orders, communications and performance make any dispute much easier to handle.

What happens when a trading agreement breaks down?

The contracts that govern your relationships with suppliers, customers, distributors and agents keep your business running. When one breaks down, the impact can be immediate, from disrupted supply to lost revenue and a relationship that is suddenly adversarial.

The questions are familiar ones. Has there been a breach? What does the contract allow each side to do about it? Can the relationship be salvaged, or should it be brought to a clean end? Some relationships also carry extra legal protections: commercial agents, for example, may have rights to compensation on termination under the Commercial Agents Regulations, which can significantly change the picture.

How do we approach a commercial contract dispute?

We get to grips with the agreement and the commercial reality behind it, then advise on the route most likely to protect the relationship where it is worth saving, or to exit cleanly where it is not.

The commercial relationship often matters as much as the strict legal position, so settlement is frequently the smart route. The aim is to protect your commercial position and resolve the dispute with as little damage as possible.

Going through papers at the round table in the Ansons Law office in Lichfield
What we do

What our commercial contract solicitors can help with

From a supply agreement gone wrong to a disputed set of terms, we help you take the right step.
  • Breach of commercial and trading agreements
  • Supply and manufacturing agreement disputes
  • Distribution and reseller disputes
  • Agency disputes and agent compensation claims
  • Disputes over terms and conditions
  • Service level and performance disputes
  • Termination and notice disputes
  • Disputes over price, payment and variations
  • Exclusivity and minimum purchase disputes
  • Battle of the forms and which terms apply
  • Negotiation, mediation and settlement
  • Court proceedings where needed
Questions

Commercial contract dispute questions

Which terms apply if we both have our own standard terms?

This is the classic battle of the forms. The answer usually turns on whose terms were the last to be put forward and accepted before the contract was performed. It is very fact-specific, so the paperwork and the order of events matter a great deal.

Can I terminate the contract?

Possibly, but only if you have a proper right to do so under the contract or the law. Terminating without that right can put you in breach, so it is worth checking your position before you act, not after.

We are a commercial agent and our contract has been ended. Do we have rights?

You may. Commercial agents often have rights to compensation or an indemnity on termination under the Commercial Agents Regulations, which can be significant. It is well worth taking advice on what you are entitled to.

The other side is in breach. What are my options?

That depends on the contract and the seriousness of the breach. Options can range from claiming damages while the contract continues to ending the contract and claiming losses. We will set out the realistic routes and their consequences.

Should I try to save the relationship or end it?

It depends on the commercial value of the relationship and the conduct involved. We will help you weigh up settlement and continuation against a clean exit, so the decision is a commercial one made with eyes open.

Do these disputes usually go to court?

Not usually. Most are resolved through negotiation and mediation, which protects both the relationship and the cost base. Court proceedings are there for when a fair resolution cannot be reached.

How long do we have to bring a claim?

Most commercial contract claims must be brought within six years, or twelve where the contract is a deed, under the Limitation Act 1980.

Accreditations and awards

Talk to a commercial contract dispute solicitor

Tell us about the agreement and what has gone wrong. We will help you weigh up saving the relationship against a clean exit before you commit to anything.

Offices

Our offices

Our dispute resolution team works from our offices across the Midlands. Every office can take your enquiry.
Contact us