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Dispute Resolution

When disputes arise, they can often have far-reaching implications for the rest of a business.

Contentious issues need to be dealt with swiftly and appropriately to prevent them escalating, keeping disruption and financial impact to a minimum. Mitigating risk is just as important as robustly fighting a claim in court. There are numerous alternatives to litigation, so pursuing the right strategy is important to ensure disputes are resolved in the most effective way. 

We treat problems as if they are our own, working closely and collaboratively with our clients to provide practical solutions that fit with their commercial objectives. While we have a substantial group of litigators, we are also experts in alternative dispute resolution, mediation and arbitration. In addition, we also provide risk mitigation and investigation services to help clients identify where issues might arise, and where they have in the past, to work out the causes and implement solutions.

Whether it’s handling high-profile, complex cases in the High Court and beyond, or working behind the scenes with a minimum of fuss, clients rely on our first-class insight to help them stay one step ahead.

You can view our latest two Dispute Resolution blog posts below and our full blog here.

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The meaning of words used in contracts is of key importance. The choice of certain words or phrases can significantly impact upon the obligations of one party to another and using them in contracts without thought to their meaning and implications can result in uncertainty, unintended consequences, a mismatch of expectations and, ultimately, legal disputes.

What type of breach?

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Contractual breaches can come in many forms. Some are serious, giving the wronged party the right to terminate the contract. Others will be more minor, and might be easily remediable. It can be useful to think of contractual breaches as a sliding scale, with repudiatory breaches at one end, and minor, remediable breaches at the other.

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When is consent unreasonably withheld?

29 May 2024

The phrase ‘consent not to be unreasonably withheld’ is often seen in commercial contracts. However when is withholding consent actually unreasonable and how can this be determined?

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Unsigned contracts prior to performance

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Though not best practice, it is not uncommon for parties to begin to perform duties under a contract before it is signed. When this situation arises, the question is what terms, if any, are the parties bound by?

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Interpretation of exemption clauses

29 May 2024

Parties often include provisions in their contracts that seek to exclude (in its entirety) or limit (to a particular level) a contracting party’s liability in respect of certain types of liability or loss. These clauses can serve the useful purpose of allocating risk between the parties and thereby giving the parties certainty as to what their potential exposure is under the contract.

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Contractual good faith

29 May 2024

The concept of good faith is something of a problem child in contract law. English law has no general doctrine of good faith in contracts. The law has traditionally prized party autonomy in contract formation. That being the case, contracting parties are free to agree to include duties and obligations of good faith in their agreements. This is frequently done, and so despite the absence of a good faith doctrine, the English courts have nevertheless grappled with the question of what is meant by a duty of good faith when interpreting contracts containing such provisions.

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