Contract disputes, from first letter to trial.
Breach of contract, warranty, agency and supply disputes for businesses and individuals. Members of our panel are authorised to conduct litigation, so a barrister can run the claim without a solicitor on the record.
Most contract disputes are won or lost long before trial. The written terms, the course of dealing between the parties, the notices given and the way loss is measured usually decide the outcome, and each of those points is easier to fix at the outset than to repair once positions have hardened in correspondence.
Clerk&Counsel places independent barristers on contract disputes of every size, from a five figure supply argument between two small companies to a substantial claim under a bespoke framework agreement. We are a clerking agency rather than a chambers or a firm of solicitors, so every instruction is direct between the client and the barrister we introduce.
The important point for anyone without a solicitor is that some barristers on our panel hold a litigation extension from the Bar Standards Board. That means they can be on the court record, issue the claim, serve statements of case, deal with disclosure and correspond with the other side, as well as doing the advocacy. Where that fits your matter, one professional can carry the case from the letter before claim to judgment.
Contract claims we take on.
- Breach of a written or oral contract, including supply, distribution and services agreements.
- Unpaid invoices and sums due where the debt is genuinely disputed on contractual grounds.
- Warranty and indemnity claims following a share or asset sale.
- Termination disputes, repudiatory breach, affirmation and wrongful termination damages.
- Disputes about incorporation of terms, battle of the forms and exclusion or limitation clauses.
- Agency, franchise and commercial agent claims, including compensation under the 1993 Regulations.
- Misrepresentation claims running alongside a contractual case.
- Rectification, implied terms and construction of ambiguous drafting.
A barrister who can run the whole claim.
A barrister with a litigation extension can do everything a solicitor would do on the procedural side of a contract claim. They can issue proceedings at the County Court or in the Business and Property Courts, sign and serve the particulars of claim, handle the directions questionnaire, run disclosure and witness statements, instruct experts where a quantum or industry issue needs one, negotiate, and then conduct the hearing.
This route suits claimants and defendants who want a single point of contact and a predictable cost base. It is not right for every case. Where the volume of documents is very large, or the matter needs a team handling day to day correspondence, a solicitor led structure is usually more efficient and we will say so before you commit.
Where litigation is not yet the plan, the same counsel can advise on merits, draft the letter before claim under the Practice Direction on Pre-Action Conduct, and appear at mediation. Many contract disputes settle at that stage once each side has seen a realistic assessment of its position.
Fees for a contract dispute.
Discrete pieces of work are quoted as fixed fees. A written advice on merits, a set of particulars of claim, an application notice with a supporting statement, or attendance at a case management conference can each be priced in advance so you know the figure before work starts.
Longer trials and multi day hearings are quoted as a brief fee plus refreshers. Where the claim is likely to run for several months, we can agree a staged structure so fees fall due at recognised points in the timetable rather than in one block.
The relevant comparison is not the fee on its own but the sum in dispute and the costs risk under CPR Part 44. A losing party in a contested contract claim usually pays a large share of the other side's costs, which is why an early and honest merits view is the most valuable thing counsel can give you.
How a contract claim usually runs.
Pre-action correspondence comes first. The letter before claim sets out the contract, the breach, the loss and the remedy sought, and the defendant is given a reasonable period to respond. Courts expect this stage to be taken seriously and can penalise a party who ignores it.
If the claim is issued, it is allocated to the small claims, fast, intermediate or multi track depending on value and complexity. Directions follow, then disclosure, witness statements, any expert evidence, a pre-trial review in heavier cases and finally trial. Interim applications, such as summary judgment or strike out, can shorten that timetable considerably where the defence is weak.
Settlement remains available throughout. Part 36 offers, without prejudice negotiation and mediation all shift costs risk, and counsel will advise on the timing and level of an offer as carefully as on the merits themselves.
Specialist areas within this practice.
- Debt recovery claims
Recovering sums due where the debt is disputed on contractual grounds.
- Professional negligence claims
Claims against advisers whose failings caused you loss.
- Commercial litigation barristers
Counsel for wider commercial disputes and Business and Property Court work.
- Commercial mediation
Settling a contract dispute without a trial.
Have a contract dispute? Send us the contract.
Send the agreement, the key correspondence and a short summary. We will come back with counsel options, fee basis and whether a litigation authorised barrister can run the claim for you.
Common questions.
Can a barrister run my contract claim without a solicitor?
Yes, where the barrister holds a litigation extension from the Bar Standards Board. They can go on the court record, issue and serve proceedings, handle disclosure and correspondence, and conduct the hearings. We confirm at the outset whether the counsel proposed for your matter is authorised to conduct litigation.
How long do I have to bring a breach of contract claim?
The usual limitation period in England and Wales is six years from the date of breach, or twelve years where the contract was executed as a deed. Some contracts contain shorter contractual notification periods, so the agreement itself should be checked early.
What can I recover in a contract dispute?
Damages to put you in the position you would have been in had the contract been performed, plus interest and, in most cases above the small claims track, a proportion of your legal costs if you succeed. Specific performance and declaratory relief are available in some cases.
Do I have to try mediation first?
It is not a formal precondition in every case, but refusing alternative dispute resolution without good reason regularly attracts costs sanctions, and the court can order parties into ADR. Most contract disputes benefit from a mediation once the issues are pleaded.
What does it cost to get an initial view?
A written advice on merits and next steps is quoted as a fixed fee based on the papers involved. Send the contract, the key correspondence and a short chronology and we will come back with a figure and a timescale before any work begins.