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Commercial 
Contract Disputes

CLC draws on members’ experience in working both in the non-contentious and contentious areas to provide advice in relation to commercial contract disputes against other businesses, consumers, insurers, or regulators.

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Because we are drafting, lecturing, broadcasting and litigating contracts, our instructing solicitors have found members to provide cost-effective, prompt and accurate advice before the dispute has progressed to an irretrievable position. Advice includes whether any breach is material or repudiatory, whether termination is wrongful, the calculation of damages and whether a notice (such as force majeure) has been served appropriately by the terms of the contract.

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CLC has provided hundreds of incidences of advice to in-house counsel and to other lawyers over the years across a range of sectors from manufacturing to financial and insurance services, technology transfer, agriculture, aviation and the public sector.

As a BSB regulated entity, the “law firm” approach offers in-house counsel and businesses more than just a single meeting or opinion. CLC is licensed and regulated to conduct litigation including service of any proceedings and advocacy at a court hearing. We work with in-house counsel across industry to provide a  partnered service throughout the litigation, with an emphasis on appropriate dispute resolution and minimising the impact to the business and to busy lawyers.

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Our In-House Counsel Service means that businesses without a legal department have access to a single source of legal advice and conduct of the dispute consistently throughout the dispute from the initial correspondence to a final hearing.

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CLC provides members experienced in adjudication, in certain circumstances as well as the contract, there is a statutory right to adjudicate (the UK Housing Grants, Construction and Regeneration Act 1996) whereby any party to a construction contract (as defined in the 1996 Act) has a right to have any dispute decided at any time by an adjudicator. 

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Other methods of resolving commercial contract disputes include arbitration and mediation as well as expert determination, as alternatives to court proceedings.

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Helpful Links

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To reserve your place on the next CLC Contract Law Update, please follow the link here.

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Adjudication at CEDR: https://www.cedr.com/commercial/otherdisputeresolution/adjudication/

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Chartered Institute of Arbitrators (CIArb): http://www.ciarb.org/dispute-appointment-services/adjudication

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