Contract and Commercial

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Becket Chambers offers expert advice and representation in all areas of Contract Law. Our Barristers have particular experience of resolving disputes through litigation, arbitration or alternative dispute solving procedures.

Equally important is the role we play in advising our clients so that they avoid disputes in the first place. If you are concerned about a potential dispute arising, we can help you prevent it from happening through careful planning, drafting and specialist advice.

We recognise the importance of providing value to our clients and our Clerks will gladly discuss fees in advance of instructions.

Areas of specialisation include:

  • Building Disputes – acting and advising in, for example, construction or conveyancing disputes, rent and lease renewals and dilapidations
  • Breach of Contract – for example non-payment of fees, termination of contract or claims resulting from defective work
  • Fraud – we can advise and act on a number of matters relating to both civil and corporate fraud, in particular those issues relating to the 2007 Money Laundering Regulations. Fraud issues can overlap both civil and criminal investigations and our barristers’ experience spans all areas of practice
  • Misrepresentation – where false or fraudulent claims have been made whether negligently or not
  • Specific Performance – achieving remedies to issues of contract law, for example ensuring appropriate damages are awarded, or challenging levels of damages

Case Studies

Contractual claim for online services

Rachel’s client was a large international company which had previously instructed her, and once again sought her advice and expertise. The client was facing a contractual claim from a user of one of its online services. There was an issue with regards to the identity of the contractual parties and Rachel’s client in any event Continue reading

Securing substantial damages and costs

Rachel acted for a client who had entrusted his prestige car to the Director of a company purporting to specialise in car sales. The agreement had been an oral one and so there was very little documentation to substantiate what Rachel’s client said had been agreed. Rachel’s client had not received the money due to Continue reading

Holiday sickness claim settlement without a court hearing

Rachel was instructed to represent the Claimant in a travel sickness claim against one of the UK’s largest tour operators. The matter had been listed for a full day’s fast track hearing, and the parties had been ordered to prepare skeleton arguments in readiness. Rachel’s thorough and persuasive skeleton argument was provided to the Defendant Continue reading

Protecting a Defendant from credit hire charges

Lavinia represented the Defendant in a small claims road traffic accident. Whilst the circumstances of the accident are unremarkable, an interesting point arose as to the credit hire claim. The Claimant had signed an agreement with the credit hire company whereby it was agreed that, if she took out a credit hire agreement with them, Continue reading

Successfully defending a Data Protection Act claim

Dean represented the Defendant company in a claim brought by an ex-employee in respect of an alleged breach of the Data Protection Act. The Claimant sought considerable damages arising from the alleged distress caused as a result. Dean conducted the trial and following judgment the court dismissed the claim, having found in favour of the Continue reading

Contract and Commercial Articles

Consideration of the Application of the Mitchell/Denton Principles and What Constitutes an Abuse of Process

Following the implementation of the Mitchell/Denton principles compliance with rules and practice directions has become far more important than it previously had been. Whilst the additional clarification given in Denton has provided a greater understanding of what is expected when seeking to apply for relief from sanctions there remain many examples of misunderstandings and misinterpretations. Continue reading

A variation to the law of variations: The Supreme Court gives judgment in Rock Advertising Ltd v MWB Business Exchange Centres Ltd

Summary: In a case of potential relevance to anyone entering into a written contract, the Supreme Court has recently held that oral variations to such a contract may well be invalid. The case has wide reaching implications and changes the approach previously adopted by the courts. In its Judgment in Rock Advertising Ltd v MWB Continue reading

Angry Letters: What’s The Fuss?

In all litigation, any correspondence can be read in (at least) two ways. One of them is often “angry or aggressive”. As a barrister of some little experience, I have, by my own estimate, read several hundred thousand letters between parties and/ or solicitors. These range from amicable and collaborative at one end, through to Continue reading

Part 36: The New Regime

Following the recent series of seminars in civil law, I have reduced my presentation to this short article. A number of the Part 36 offers I see are not valid. Regardless of the seniority of lawyer, or the experience of the individual drafting the offer, there are a number of potential pitfalls. The new Part Continue reading

Contract and Commercial Testimonials

“Mr Nee was superb in his handing of our matter, he was sharp on the ball eminently practical and professional, a pleasure to work with and just as important is the fact that we won”

Miss T from solicitors instructing John Nee – May 19

“The client rang later to say he was very pleased with how you dealt with the case, and they’d learned a lot from you”

Ms M from Solicitors instructing Rachel Baker – March 17

“We also wanted to say that Lavinia was brilliant on the day and we had full confidence in her from the moment we met.”

Mr N from Solicitors instructing Lavinia Glover – February 17

“…Please thank Dean so much as the outcome was exactly what I asked for and I am extremely relieved.  I would not hesitate to refer him in the future…”

Mrs C instructing Dean Thistle through the DPA scheme – October 16

“…Many thanks for your help. You have been very helpful and professional. Once again please extend my thanks to Mr Thistle and regards to Mr Thistle; his help was really appreciated…”

Mr O instructing Dean Thistle through the DPA scheme – October 16

“…We just wanted to thank you for representing us. To reduce a £20 million claim down to £25,000 is quite an achievement. You were an incredible negotiator, and seemed to terrify your opponent! It feels like the weight of the world has been lifted, and we can finally move on. Thanks for everything…”

Mrs H instructing John Nee through Solicitors – July 16

“….Please can you pass on our grateful thanks to Mr Thistle for yesterday, we were in absolute shock and delight with the outcome it’s been an extremely stressful time…. Mr Thistle was absolutely fantastic and would have no hesitation in recommending him…”

Mrs S instructing Dean Thistle through the DPA scheme – May 2016

“…We would like to thank Counsel for all her hard work in this matter, we know the client was very pleased with the outcome…”

Mr M from Solicitors instructing Sophie Gray – May 16

“….Please can you please pass on my big thanks for a superb effort  today by Ed in my Fast Track case in the Canterbury County Court….in all my dealings with him, he dealt with the matter in a thoroughly calm and professional matter….well done Ed in obtaining a superb result for my client….”

Mr P instructing Edward Kenny through Solicitors – April 15

“….we wanted to say a massive thank you for all of your help, assistance and guidance throughout the process….”

Mrs C instructing Melanie McIntosh through the DPA scheme – March 15

“….A big thank you to Dean Thistle for an absolutely cracking result on the case he took care of for me this morning. A+!….”

Mr D from a firm of Solicitors instructing Dean Thistle – October 14