Contract disputes practical guides

Welcome to the home page for our series of contract disputes practical guides, designed to provide clients with practical guidance on some key issues that feature in disputes relating to commercial contracts under English law. This page will be updated with future editions as they are published.

Each edition comprises:

  • a PDF guide (linked below); and
  • an hour-long webinar for clients and contacts of the firm (you can register to access the archived versions by contacting Jane Webber).

Issue 1, June 2015: 

When do you have a binding contract? It may be more (or less) often than you think

Tim Parkes, Chris Bushell and Robert Moore

PDF guide

Issue 2, September 2015: 

What does your contract mean? How the courts interpret contracts

Gary Milner-Moore, Natasha Johnson and Steven Dalton

PDF guide

(Note: Since this guide was published, the Supreme Court has clarified the law on implication of contractual terms, in a landlord/tenant dispute involving Marks and Spencer. See our post on the decision: Supreme Court clarifies test for implying terms into a contract.)

Issue 3, November 2015: 

Pre-contractual statements: When can they come back to bite you?

Kirsten Massey, James Norris-Jones and Sarah Pollock

PDF guide

Issue 4, February 2016:

How far can you act in your own self-interest? The role of good faith in commercial contracts

Chris Parker, Gregg Rowan and Nick Pantlin

PDF guide

(Note: Since this guide was published, the Court of Appeal has departed from the High Court’s reasoning in MSC Mediterranean v Cottonex, referred to in section 9 of the guide. See our post on the decision: Court of Appeal finds innocent party could not affirm contract following repudiatory breach where defaulting party unable (not just unwilling) to perform.)

Issue 5, March 2016:

Endeavours obligations: How hard do you have to try?

James Farrell, Ann Levin and Gavin Williams

PDF guide

Issue 6, June 2016:

Defining your liability in advance: Liquidated damages, limitation and exclusion clauses

James Baily, David Nitek and Gillian Fairfield

PDF guide

Issue 7, September 2016: 

English law contracts post-Brexit: What changes should commercial parties expect?

Anna Pertoldi, Neil Blake and Alex Kay

PDF guide

Issue 8, January 2017: 

Terminating your contract: When can you call it quits?

Tom Leech QC, Gregg Rowan and Robert Moore

PDF guide

Issue 9, November 2017:

Getting your just deserts: Remedies for breach of contract

Natasha Johnson, Rachel Lidgate and John Ogilvie

PDF guide