Contractual Disputes
Contract Disputes are a common form of claim through the Courts. Agreements, whether in writing or verbal, commercial or between private individuals are entered into upon a daily basis.
Disputes can be on many levels, ranging from whether there is a contract in the first place, to the precise terms of the contract, the performance of the contract, breach of the terms or indeed remedies. Tollers are able to offer effective expert advice on all aspects.
Whilst we will be happy to give you our views on the strict legal interpretation of your position, we temper any advice and recommendations with a commercial realism based on what can be realistically achieved and at what cost.
In deciding whether to bring or defend a claim for breach of contract there are a number of factors to be considered including:
The Merits
We undertake a thorough review of the facts to determine what are the terms of the contract and what is in dispute.
The Evidence
What evidence do you have or need to prove your case.
The likely consequences
We advise on what remedies are available and how realistic your chances are of those remedies being achieved.
Your opponent
We undertake an assessment of your opponent including his ability to bring or defend a claim and his ability to meet any award of damages and/or costs.
Your own costs
An assessment of your ability to pursue or defend the action is essential including an assessment of whether any alternative sources of funding available to you e.g. legal expense insurance, legal aid etc.
In limited cases we are able to offer our clients a discounted fee arrangement coupled with a success fee if you win (Conditional Fee Agreement). However the availability of such arrangements depend on the strength of the case, the ability of the opponent to meet any successful award and the availability of after the event insurance in case of an adverse decision. We are happy to discuss the availability of such funding with you on an individual basis.
Few contractual claims result in a fully contested Court Hearing. We bring our experience to bear in offering our clients alternative methods of dispute resolution including negotiation by way of correspondence, round table meetings or, if appropriate, formal mediation.
