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Our team are among the best in the legal marketplace: flexible thinkers, tech-assisted problem solvers and a core of commercial partners whose passion and focus add immense value.
We recognise that property disputes are a headache for your business as they involve additional costs and management time that could otherwise be invested elsewhere. We know that your priority is the smooth running of your business which is, ideally, dispute free.
However, disputes do unfortunately arise for a variety of reasons. In the context of property, whilst collaborative relationships are possible, landlords and tenants naturally have competing interests which can be ignited in the face of a problem with the property, changing circumstances and financial issues.
Our property dispute lawyers focus on resolution; both resolving existing disputes or seeking to prevent them from the outset. We pride ourselves on helping our clients to anticipate, avoid, mitigate or, where that can’t be done, navigate disputes. We take a commercial and practical approach in order to help our clients to reach viable and pragmatic solutions where possible. Whether it’s a break right gone wrong, negotiating rent arrears or holding a landlord to account for its lease obligations, we will strive to do so in the most cost-effective and pragmatic way.
Our property team works in a cohesive and collaborative way. If you instruct us on a non-dispute matter such as new lease, we would include dispute resolution input where appropriate on particular clauses and issues in order to limit to risk of disputes down the line.
A contract does not need to be written to be enforceable (except in certain situations eg transfer of land or assignments of IP), though it helps to have the precise terms in writing so that each party is aware of their obligations.
In order for a contract to be valid, it must have the following elements:
1. Offer - This is a statement of terms by which the offeror agrees to be contractually bound
2. Acceptance - The offer must be accepted, and acceptance of an offer must be unconditional
3. Consideration - Each party must exchange something of ‘value’ for a contract to valid. The consideration doesn’t have to be equal, but a contract will not be valid without some consideration.
4. Intention to create legal relations – It must be clear that the parties intend to create legal relations and are aware of their obligations
5. Certainty of terms - In order for a contract to be binding, all material terms must be agreed. If the agreement is uncertain, a court may not be able to enforce it
The terms of a contract can have differing statuses. Conditions are the most important terms of the contract. A breach of a condition will entitle a party to terminate the contract and claim damages whereas a breach of a warranty will only entitle a party to claim damages.
The contract may set out whether the term is a condition or warranty, or it may be designated in statute (eg Sale of Goods Act 1979). If there is no express classification in the contract or statute, the court will consider the nature of the contract, its subject matter and the surrounding circumstances in determining whether the term is a condition or warranty.
It is also possible to imply terms into a contract, in addition to the terms which are expressly stated. Terms can be implied on the basis of usage or custom, previous course of dealings, the intention of the parties, common law, statute and to give business efficacy. You cannot imply a term if it directly contradicts an express term.
Any loss that is suffered must be a direct consequence of the breach of contract and have been reasonably foreseeable by both parties at the time the contract was entered into.
Find out how our contract lawyers can help with contractual disputes.
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News, Insights & Resources
What The Commercial Rent law means for tenants in arrears
This brief update has been prepared for tenants who find themselves in arrears as The Commercial Rent (Coronavirus) Bill (the “Bill”), currently making its way through Parliament, will change the current situation regarding pandemic arrears and the ban on certain landlord remedies.
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