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

Successful resolution to long-running contract dispute

Paul acted for the Claimant in a long-running contract dispute between two business partners where the Defendant had refused to pay the final instalment of £75,000 due under a Share Purchase Agreement and also sought to argue that the Claimant had acted fraudulently and should repay the £50,000 already paid, plus a further, unspecified, sum Continue reading

When Claimant does not attend, claim is struck out

Cara acted for the Claimant as a result of a road traffic accident. The Claimant’s case was that she believed the Defendant had pulled over and so proceeded past her vehicle. The Defendant pulled back out and there was a collision. The Defendant’s position was that she had not pulled over and had only pulled Continue reading

When Claimant does not attend, claim is struck out

Cara acted for the Claimant in a road traffic accident quantum assessment. Liability had been admitted. Claims were for repair costs and hire charges. Limited evidentiary documentation had been served and the Claimant did not attend, having served a notice under CPR 27.9. Reference was made to case law to justify the limited documentation. Costs Continue reading

Amending particulars of a claim

Cara acted for the Claimant where the Respondent had made an application to set aside which was not opposed by the Claimant. The Claimant sought permission to amend their particulars of claims. Judgment in favour of the Claimant was set aside and permission given to amend the particulars of claim.

Achieving consent order for fee payment

Cara acted for a Claimant solicitors’ firm for non-payment of fees owed for work done. The matter was agreed with a payment plan to pay the outstanding amount outside of the court the morning of the hearing. The payment plan was entered as a consent order.

Contract and Commercial Articles

Title: Reviewing the recent Court of Appeal decision relating to the availability of contractual rectification in cases involving a common mistake in the case of FSHC Group Holdings Ltd v Glas Trust Corporation Ltd

The Court of Appeal recently considered the availability of rectification as a remedy in cases where there is a common mistake in FSHC Group Holdings Ltd v Glas Trust Corporation Ltd [2019] EWCA Civ 1361. In the case the Claimant sought rectification of two deeds against the Barclays Bank plc as security agent for the Continue reading

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

Partnership – To Be Or Not To Be?

Forming a partnership is an act achievable by anyone. Seasoned commercial veterans may enter into lengthy negotiations to determine their specific aims and roles within the partnership, or two friends having a drink in a bar may decide they have come up with a great idea and want to put it into action. The only Continue reading

Contract and Commercial Testimonials

As ever, Sam handled this case with his usual efficiency and expertise.

The clients were highly satisfied with all of the advice they received, leading to  a very advantageous result.

Solicitors Instructing Samuel Davis – September 2021

“A note of thanks for me personally and corporately, from the team

last week began from a position of intransigence and had the potential to be unresolvable – as evidenced by the mediators apprehension.

While the spirit of mediation underpinned the day, the advice and guidance offered by yourself and our excellent barrister were invaluable.

And of course there is no doubt that the outcome was excellent.”

Mr M Instructing John Nee through Solicitors – March 20

“Thank you for doing such an excellent job yesterday. I very much appreciated your concise briefing and support… and of course your expert handling of all the last minute twists and turns in the case.  “

Ms C Instructing Rachel Baker through Solicitors – September 19

“Rachel is always very thorough, helpful and deals with instructions promptly.”

Ms F from Solicitors Instructing Rachel Baker – September 19

“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

“…I was exceptionally happy with the service provided…”

Mr P 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