My company is involved in a contractual dispute

Unpaid invoices can have an enormously detrimental effect on your business, particularly in relation to maintaining a healthy cash flow.

Vardags advises business on all aspects of debt recovery and will work with you to formulate a strategy to recover the money owed to your business. The Vardags team will advise on tactics and pressures you can apply to recuperate your losses and recommend whether to initiate court proceedings either for the unpaid debt or under the Insolvency Act.

Vardags will also advise on any entitlement to interest whether under contract, Late Payment of Commercial Debts (Interest) Act 1998 or applicable court interest rates.

Entering into a contract with another party, whether in writing or verbally, constitutes a legally binding agreement in most circumstances. If one party to the agreement fails to meet their responsibilities in accordance with the agreement, this could result in a breach of contract.

Vardags can assist companies dealing with a breach of contract or companies accused of breaching a contract. In any instance, the first step will be to check whether the breach is capable of being remedied and whether the contract allows for this. Vardags are conscious that on some occasions, commercial relationships are equally as important as the contract itself so will work to preserve those relations whilst protecting your company’s position.

In instances where a breach cannot be remedied, Vardags can assist in bringing or defending court actions for breach of contract. Vardags will assess the merits of your case and advise on the most suitable course of action to protect your business.

A company is deemed insolvent if they cannot pay their debts as they fall due. If you suspect that a customer or client may be unable to pay sums owing to you, Vardags can assist.

When a client or customer goes into administration or is subject to insolvency proceedings you may be concerned about your ability to recover money owed to your business.

Vardags advises companies on all aspects of insolvency whether you are looking for advice on recovering money from an insolvent company or advice on your obligations under an agreement where the other party look to be/are insolvent.

Entering into a contract with another party, whether in writing or verbally, constitutes a legally binding agreement in most circumstances. However, verbal contracts can be more difficult to evidence particularly when it comes to enforcing the terms. It is therefore important to gather as much evidence relating to circumstances surrounding the oral agreement as possible to bolster your chances of proving the agreed terms.
Without a written agreement, the court will not know what terms were agreed when the oral contract was made. Therefore, witness evidence and industry practice will be relied upon by the court.

In today’s world, it is not unusual for businesses to contract with international parties domiciled outside of the UK, particularly in relation to the provision of goods (importing and exporting) and outsourced services.

Where a dispute arises, the key is to check for governing law and jurisdiction provisions within the agreement. Vardags advises clients on a variety of cross-border contractual disputes where the agreements are governed by the laws of England and Wales. In cases where governing law is not expressly stated, Vardags can advise on the application of relevant international regulations like Regulation 593/2008 on the law applicable to contractual obligations (Rome I).

Misrepresentation occurs when one party induces another party to enter into an agreement based on an untrue statement of fact or law. Misrepresentation can be fraudulent, negligent or innocent whether given by written or oral statement.

Vardags assists companies with all areas surrounding misrepresentation. Vardags can advise you on ways to limit your liability for misrepresentation, can assist you with bringing a claim for misrepresentation or defending allegations/proceedings for misrepresentation. Vardags can also advise you on the remedies available under the various elements of misrepresentation.