Often when an individual or a company owes money to another individual or company, it can be daunting to figure out the best option available to enable the recovery of that liability.

The aggrieved party suffering from a breach of contract, when wishing to recover money due, obtain the delivery of goods owed, seek damages arising from such breach or any other appropriate remedy to rectify the unsatisfactory situation that has arisen, will invariably be faced with procedural considerations and alternatives requiring expert legal guidance.

Stuart Southall of Kangs Solicitors outlines some of the essential considerations.

The Team at Kangs Solicitors has vast experience assisting clients confronted with disputes of every nature at all levels of the Court system involving, inter alia:

For an initial no obligation discussion, please call our Team at any of our offices detailed below:

Procedural Considerations | Kangs Dispute Resolution Solicitors

  • Initially, the nature of the contract in dispute will have to be identified and considered. Not all contracts are reduced to writing and, inevitably, those concluded orally may well pose clarification issues.
  • Those in writing will, generally, contain a multitude of clauses aimed, inter alia, at determining the manner in which the contract will be construed in the event of dispute. Whilst some may go to great lengths to provide for settlement by way of an Arbitration Procedure, others may be restrictive in nature by, for example, preventing any formal action being taken through the courts, or restricting the Jurisdiction under which proceedings may be taken thereby imposing the law of  a foreign country.
  • Once the nature of the applicable action has been decided, it will be necessary to decide which court is appropriate in which to commence such proceedings, and this is generally according to the value and complexity of the dispute. The court system in England and Wales is divided into various ‘Tracks’ known as the ‘Small Claims Track’, the ‘Fast Track’ and the ‘Multi – Track’. There are many specialist divisions within these ‘Tracks’.
  • Regard has to be given to the length of time proceedings through the court system will be involved. General court guidance is that from the formal issue of proceedings at court, it will take between forty two and forty eight weeks to reach a Final Hearing, depending upon the time it takes for the disputing parties to comply with the required procedures, including any attempt to settle.
  • Where a breach of contract has been established at court, it generally follows that in addition to such damages, or other relief, as the court may award, the successful Claimant may be entitled to claim interest. However, this will only be relevant in circumstances where the contract was concluded in the course of business activity where it will normally be recoverable at a rate of up to eight per cent above the base rate of the Bank of England.
  • Unfortunately, successfully proving the claim at court may not necessarily result in the Claimant receiving any part of the damages, interest or costs awarded should the debtor be unable to pay.
  • Should the debtor become subjected to insolvency proceedings at any time then the successful Claimant may simply become an unsecured creditor of the debtor’s insolvent estate, which may result in eventual full recovery of the amount due, an amount pro-rata to other debts or no recovery at all.
  • In circumstances where the monies claimed represent an undisputed liquidated amount, it may be appropriate to issue a Statutory Demand followed by a Bankruptcy Petition or a Winding Up Petition.

Who Can I Contact for Advice & Help? | Kangs Breach Of Contract Solicitors

Pursuing any form of claim arising from a breach of contract or proceedings seeking to enforce specific performance of a contract involves technical knowledge and considerable experience.

The Team at Kangs Solicitors is accustomed to assisting and supporting clients in respect of contractual issues of every conceivable nature and if you require assistance, please do not hesitate to contact us through any of the following who will be pleased to speak to you:

Stuart Southall
ssouthall@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Tim Thompson
tthompson@kangssolicitors.co.uk
020 7936 6396 0121 449 9888