We prioritise negotiating realistic solutions to resolve issues before they reach litigation since litigation can be extremely uncertain and very costly.

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Simple and hassle free way to receive commercial legal help from experienced Solicitors. Excellent value for money.

BREACH OF CONTRACT SPECIALISTS

If you have experienced a breach of contract it is likely that you may be feeling stressed, frustrated and worried. As breach of contract solicitors we are here to help.

At Rationabilis we specialise in commercial legal matters. That includes representing individuals and businesses who have suffered as a result of a breach of contract. We are passionate about resolving pending disputes as swiftly and cost-efficiently as possible so you can get on with your life.

As specialist commercial solicitors, we are able to use our unrivalled knowledge of commercial legal matters and negotiation tactics for our clients’ benefit. This level of specific legal, commercial and technical insight enables us to provide our clients who wish to pursue a breach of contract or defend any allegation of a breach of contract with the best possible representation.

When it comes to pursing a third party regarding a breach of contract or defending a claim for breach of contract, expertise is key.

For those clients who have made an error and fully accept that there is a breach of contract, we will use our commercial experience to negotiate a reasonable settlement and save you the stress and significant extra costs of having to defend the case in court.

Every breach of contract is unique, so let us analyse the specifics and help you to put your best foot forward when engaging with the other party.

Our specialists can help you navigate disagreements and pending disputes before they escalate to litigation.

Addressing problems early will save you time and headaches.

These are some of the types of commercial disagreements we can help you resolve:

  • Contractual dispute
  • Cease and desist letter
  • Service dispute
  • Trademark infringement
  • Breach of contract
  • Sale dispute
  • Breach of warranty
  • Contractual misinterpretation
  • Late delivery of goods/services
  • Non-performance
  • Substandard performance
  • Repudiation of the agreement
  • Interference with your performance
  • Mistakes / errors in contracts
  • Misrepresentation in contracts
  • Fraud
  • Copyright / Trademark / Design right infringement

HOW WE WORK

Professional, reliable and transparent legal service

Should we be able to represent you regarding your breach of contract and if you are interested in instructing Rationabilis as your breach of contract solicitor, we will begin with a free consultation to understand and explore your case in detail.

We give our full focus to commercial law. Specialising only in commercial matters enables us to focus on building a robust position on your behalf.

Breach of contract lawyers covering the whole of England and Wales

We are able to serve as a breach of contract solicitor for clients throughout England and Wales, or even companies or individuals abroad with contracts governed by the laws of England & Wales.

We have an excellent track record in expertly negotiating commercial contracts on a range of commercial legal issues including breach of contracts for non-payment, sub-standard performance, late performance, repudiation of the agreement or interference with your performance by the other party.

Whether you are facing a breach of contract in London, Bristol, Bath, Liverpool, Leeds, Manchester, Birmingham, Nottingham, Newcastle, Swansea, Cardiff or anywhere else around the country, we can help you save time and costs to help resolve this matter.

Experts in breaches of contract

Since we specialise in commercial legal matters, we have built up great insight into how to guide companies and individuals through the stressful scenario of a breach of contract. If you have received any correspondence relating to a breach of contract, DO NOT engage any further and contact our team to ensure that you are properly represented. It is a highly tactical process, and implementing a carefully planned strategy is required, rather than impulsive or emotional replies which could jeopardise your negotiating position.

Affordable legal advice

We will explore all possible legal options for you and explain these in a simple manner without legal jargon. Depending on the circumstances in question, there are various legal possibilities in a breach of contract or alleged breach of contract scenario. We will communicate with you in a polite and professional manner, providing a no-nonsense, objective view on your position. We will be direct and not provide false hope if the evidence is stacked heavily against you; but we will aim to strengthen your position and undermine the position of the other side where possible.

Negotiation specialists, not litigators

We focus on negotiating rather than litigating. Disputes can often be emotional and clients think that litigating is their best option.

However, because litigation is incredibly uncertain and costly it is usually the wrong commercial decision for a business both financially and reputationaly.

We will not litigate on your behalf, as we do not conduct reserved legal activities under any circumstances, however if negotiations have broken down or this is your preferred course of action, we will cease acting for you and can guide you on possible litigators who can assist you further.

WHAT HAPPENS NEXT

Breaches occur where one party has not fulfilled their side of the bargain.

What we do: Evaluate what exactly has happened

  • Have the goods/services been provided to the appropriate level or are they defective?

  • Has a buyer failed to pay you if you have?

  • Have you provided the goods/services to an appropriate standard – frustration of contract?

What we do: Evaluate evidence of the breach

  • Has a breach actually occurred?
  • What is the loss/damage incurred by you (the client)?

  • What is the issue here?

    • Late performance?
    • Non-performance?
    • Substandard performance?
    • Repudiation of the agreement?
    • Interference with the other party’s performance?

What we do: Review what process has been followed so far

  • Evaluate what communications/attempts to resolve the breach have been taken so far.

What we do: Review the timings/limitation periods

  • When was the breach?
  • How does this affect the options available to you?

What we do: Advise on appropriate resolution options given your goals, timescales, budget and strength of a potential claim/defence:

  • Communicate with and negotiate a resolution directly with other party/their lawyers on a without prejudice basis.
  • Liaise with Mediators/Arbitrators

  • Attend/represent you at a Mediation/Arbitration

What we do: Document via a Settlement Agreement or Settlement Deed & Release before the commencement of any proceedings or litigation.

  • If it is possible to settle before you commence any litigation we will fight for the best settlement for you.

What we do: Liaise with litigators if pre-litigation settlement is not an option and you need to turn to the courts for a resolution.

  • We do not carry out litigation ourselves which is a reserved legal activity and so we will not file any claim forms or manage the litigation process once a claim form has been filed and the litigation process starts. We therefore will not appear as an advocate before a court (i.e. exercising a rights of audience).

  • This will save you time and money and ensure that the litigators, who are notoriously expensively, are only incurring fees for litigation work and not pre-litigation admin.

  • We will guide you on what type of litigator you need; we can bring them up to speed on all of the pre-litigation sequence of events, including attempts to resolve the matter out of court which are required by the courts.

Fixed fees, affordable hourly rates and sensible payment terms

When it comes to funding, we offer all of our breach of contract solicitor services on transparent terms.

The majority of our legal representation services are available on a Fixed Fee basis. We will, where possible, outline your expected legal costs and the timescales for when payments are due.

For more information on any of our legal services with regard to breaches of contract, get in touch with the team here at Rationabilis to discuss how we may be able to help.

Let’s work together

Our significant commercial legal experience, both within companies, leading law firms, and personally provides us with the experience needed to give you the most effective legal advice for your commercial dispute.

We have a highly effective track record in resolving commercial disputes.

Other dispute resolution services:

We can advise you on:

  • whether a contract exists

  • form of a contract

  • mistakes/errors
  • misrepresentation

  • fraud

  • infringement (in an IP context)

Whether a contract exists

Format – We will analyse whether a contract even exists, and if so what the form of the contract is (verbal, written, signed/unsigned, correspondence, by conduct etc.). This may be critical in a dispute scenario if a third party is claiming you are in breach of a contract, or if you are claiming that there is a contract in place and the third party is in breach.

What we do: evaluate whether a contract exists, and why and advise you of your options and position as a result.

Interpretation – Some contracts are drafted poorly and are unclear.

What we do: analyse the contract and advise on what your rights and/or obligations are, and what steps you can take to enforce / remediate it (if needed).

Form of the contract

What we do:

  1. Evaluate exactly what is in a contract (if a valid contract exists), and advise you as to how it affects your position. If needed, help you re-draft ambiguous contracts that are clear, unambiguous and reflect the intention of the parties.
  2. Evaluate the meaning of individual contractual terms and advise you how this impacts your position.

Mistakes, errors – where mistakes or errors have been made which goes against the intentions of the parties in the contract.

What we do: evaluate the facts and contract(s) in question to advise on where mistakes and/or errors have been made and the impact of those mistakes and/or errors on the client’s options for remediation and/or termination.

Misrepresentation – (i.e. where an untrue statement encouraging a party to enter into a contract was made).

What we do: analyse the evidence of the untrue statement(s) and advise you on where you stand regarding your legal commitments to the contract in question and options for redress.

Fraud – where one party is claiming that they were forced into signing a contract.

What we do: analyse the evidence of the fraud and advise you on whether we believe a contract is still in place. We can then also offer a view on the commercial implications as a result, depending on if the contract is still valid or not.

Infringement (in IP context):

  • Copyright infringement

  • Trademark infringement

  • Patent infringement
  • What we do: take your instructions, review the evidence, approach the infringing party, write cease and desist letter(s), negotiate a settlement, draft settlement agreement, manage mediation/arbitration process, liaise with litigators who can seek an injunction, or damages on your behalf or transfer the IP rights to you.

Preventative measures:

  • Commercial contract negotiations

  • Commercial contract drafting to minimise risk of disputes in the first place.

  • Contract reviews to amend existing contracts and align with best practices.

Importance of dispute resolution

  • Reputational risk to your business

  • Financial implications (money to be paid/lost)

  • Time-consuming

  • Very stressful

Objective

  • To find a resolution that:

    1. Minimises stress
    2. Doesn’t affect the running of your business any further
    3. Isn’t overly time-consuming
    4. Minimises costs
    5. Avoids proceeding to litigation (which is very expensive and uncertain – even the strongest of cases can end up losing on a technicality)
    6. Preserves your reputation and other business relationships.

What we do vs What we do not do

What we do vs what we do not do

  • We focus on negotiating rather than litigating. Disputes can often be emotional and clients come to us highly charged thinking that litigating is their best option.

    However, because litigation is incredibly uncertain and costly it is usually the wrong commercial decision for a business both financially and reputationaly. We focus on nipping issues in the bud before they escalate.

  • If negotiations have broken down to the point where there is nothing further to discuss and you are at the point of starting litigation i.e. filing a claim form with the courts, or this is your preferred course of action, we will cease acting for you and can guide you on possible litigators who can assist you further.

  • Under no circumstances will we continue to act for you as we do not conduct reserved legal activities.

    Similarly, if you find that the litigation process has already started e.g. you’ve received a Claim form, then you will need to liaise with a litigator rather negotiation specialists like ourselves.