The first step in any contract dispute is to review and consider the terms of the contract between the parties. If there is a written agreement, then this should be relatively straightforward however complications can arise if the contract is oral or evidenced by an exchange of text messages or emails. In such cases it is important to determine as early as possible what the terms of the contract are.
We are great believers in trying to settle disputes at an early stage through negotiation, mediation, or other alternative dispute resolution processes. We are conscious of the investment you make both in terms of cost and management time when dealing with a dispute so, where possible, we will promote alternative dispute resolution as a way of resolving your dispute as quickly and cost effectively as possible.
Generally, court proceedings should be your last resort. However, in certain cases you will be left with no other option but to commence formal proceedings. Before you do however it is important to ensure that you have complied with all relevant ‘pre action protocols’. There are several pre action protocols that apply to disputes and failure to comply with these may result in adverse cost implications. If the parties cannot resolve their dispute, formal court proceedings are usually the only option left.
Formal court proceedings can be time consuming and expensive. They are also complicated with various procedural steps and stages to comply with. These include the preparation of formal court documentation, witness evidence, disclosure of pertinent documentation, and court hearings. If you wish to bring court proceedings against a third party, or are unfortunately being pursued through the court, then speak with our expert contract dispute solicitors today.