Contract Disputes & Legal Advice

Looking for help with a contract Dispute?

When individuals and SME’s conduct business, they usually enter into contracts. Contracts and commercial agreements are meant to provide a clear framework to govern a commercial transaction or relationship including the distribution of rights, risks and obligations – whether that is with your customers and suppliers; partners; co-shareholders; or your funders. A well negotiated and drafted contract will aim to minimise the imbalance of risks on you or your SME.

Our barristers are available to provide personal and small business legal advice on the drafting and negotiation of contracts. However, not all contracts go to plan and this more often than not leads to a contractual dispute.

This is when a party to a contract has a disagreement with the other party, usually about the contract’s terms or definitions; or if one party is not living up to their end of the bargain. Therefore, it is important that contractual disputes are dealt with at the earliest opportunity, as they can be costly and time-consuming, end up in litigation, adjudication or arbitration and damage a company’s business relationships and reputation.

Our members at Mercantile Barristers are Public Access Trained and are happy to be consulted by and accept instructions directly from professionals and discerning private clients at any time (for direct access barristers). To book a consultation with one of our Direct Access Barristers in London please call us and speak to our clerks who will find the best-placed barrister for you.

WORKING WITH BARRISTERS BEFORE 2004

Historically, barristers in England & Wales could only accept instructions from solicitors and could not be consulted directly by members of the public. Barristers were considered to be too expert and too specialist to deal directly with lay clients.

It was left to a solicitor to first determine whether the legal problem that has arisen required the involvement of the expert barrister. If so, it was only the solicitor that could instruct the expert barrister on behalf of the lay client. Using a medical analogy, it is akin to having to see your GP before being referred to the Specialist Consultant.

NO ISSUES WITH DIRECT ACCESS BARRISTERS METHOD

In this traditional mode of operation the lay client continues to pay for his solicitor while also paying for his expert barrister. While this has always been the case, it is unnecessary in certain modern circumstances and inevitably commercial pressures and modernity has brought a change. Professionals such as company directors, agents, architects, surveyors, construction engineers and other specialist consultants may not require hand-holding by a solicitor in order to consult the expert barrister about their case.

ADVANTAGES OF INSTRUCTING DIRECT ACCESS BARRISTERS

A change in the law in 2004 allowed barristers, who have undertaken additional training, to advise clients without the need for a solicitor and listed below are some of the reasons why it is advantageous to instruct a direct access barrister.

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TESTIMOMIALS

Have Found Mercantile, To Be Honest, Diligent And Willing To Go The Extra Mile With Their Advice.
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