The Contract Dispute Process
Contestor Legal guides you through the steps to resolve contract disputes or draft enforceable agreements:
Contract Review and Advice:
- We analyse your contract, including terms, conditions, and any related correspondence, to identify breaches or issues.
- For new contracts, we draft or review terms to ensure they are clear, fair, and legally robust, minimising future disputes.
Pre-Action Negotiation:
- We follow the Civil Procedure Rules’ Pre-Action Protocol, sending a Letter of Claim to the other party outlining the breach and seeking remedies like damages or performance.
- We negotiate to resolve disputes without court action, saving time and costs.
Evidence Gathering:
- We collect critical evidence, such as emails, invoices, or witness statements, to support your claim or defence.
- For consumer contracts, we gather proof of purchase or service agreements to enforce your rights under the Consumer Rights Act 2015.
Court Proceedings:
- If negotiations fail, we file a claim in the County Court or High Court, depending on the claim’s value (e.g., under £100,000 for County Court).
- We prepare court documents, such as Particulars of Claim, and represent you at hearings, arguing for remedies like damages or specific performance.
Alternative Dispute Resolution (ADR):
- We explore mediation or arbitration to resolve disputes amicably, particularly for commercial contracts or high-value disputes.
- We prepare for ADR sessions, ensuring your case is presented effectively.
Enforcement or Appeals:
- If you win but the other party fails to comply (e.g., non-payment of damages), we pursue enforcement actions like bailiffs or charging orders.
- If the court’s decision is unfair, we advise on appealing to a higher court.