Breach of contract claims | Winston Solicitors (2024)

We have advised clients in relation to breach of contract claims. Some recent examples are set out below:

1. Our client had a contract for the supply of goods and services. The other party to the contract failed to pay invoices for work carried out.
2. Our client purchased a large machine for use in its factory. 6 months after purchase, parts of the machine broke.
3. Verbally our client agreed to loan a sum of money to a friend. A dispute arose as to whether the money needed to be repaid.

We can advise on a wide range of contractual disputes such as:-

1. Supply of Services. Has a party to the contract failed to perform specific duties or carried out defective work?
2. Supply of goods. Has a party to the contract failed to deliver goods on time, or at all?
3. Defective products. Does the product match the description, or is it faulty?
4. Has a party to the contract failed to pay for services or goods you have provided?

What is a breach of contract claim?

Two or more parties have entered into an agreement, but one party does not fulfil their part of the agreement. The parties can either be individuals or companies.

What is the time limit to bring a claim?

6 years from the date the breach occurs. For example, if one party to the contract has failed to pay an invoice by an agreed date, once that date has passed there is a breach.

Do I need to prove there was a signed contract?

No. Ideally, having an agreement signed by all parties does help to prove that a binding agreement did exist. However, some contracts are made verbally. Provided we can evidence that an agreement was made, a written contract is not always required.

What evidence do I need?

We need to know what loss you sustained. What position would you have been in had the breach not occurred.

What can Winston Solicitors do to help?

We can provide advice on the prospects of your claim; how likely you are to succeed, what the risks are and the possible outcome.

We have to follow a specific process. The first step is to send a Letter Before Claim (LBC). This puts the defaulting party on notice of a potential claim against them. Sometimes, this can encourage early settlementby resolving the dispute before it reaches court.

If we cannot reach a settlement after sending the LBC, we may proceed to issue a claim in your local County Court.

Will I have to go to Court?

We will always take steps to try and settle the claim outside of Court. But settlement cannot be guaranteed out of court and therefore attending Court is a possibility as you will need to give evidence.

Will you represent me in Court?

If we cannot settlement the claim outside of court we will need to instruct a barrister who will put your case before the judge. We can attend Court with you to support you.

How much will it cost?

The cost of bringing or defending a claim will depend entirely on the facts. Each party will fund its own side of the claim. Costs may be recovered from the losing party at the end pf the claim.

How can I fund a claim?

1. We encourage our clients to check with any home insurance or credit card provider whether they have legal expenses insurance. This is called Before the Event (BTE) insurance and may cover some or all of your legal costs.
2. Some insurance providers allow you to obtain After the Event Insurance (ATE). This option is usually subject to the facts of the claim and prospects of success.
3. Private fee paying is the most common type of funding. You will pay our legal costs on an hourly rate. Winston Solicitors offers competitive hourly rates.
4. If you are successful, you may be able to recover costs from the losing party.

Will you represent me if I am the party at fault?

Yes. We have represented clients who have breached the terms of a contract. Provided you have a reasonable defence to the claim, we can act on your behalf.

What claims do you not take on?

Unfortunately we cannot help with claims relating to:-

1. Professional negligence
2. Clinical negligence
3. Commercial fraud
4. Civil fraud
5. Landlord and Tenant – Residential or commercial
6. Boundary disputes
7. Trusted related disputes