Contract solicitors in England & Wales

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Plain-language guide

What a contract solicitor does.

A contract solicitor drafts and reviews agreements so that they say what you mean, and advises when one is broken. English contract law rests on the common law of offer, acceptance, consideration and intention, overlaid by statutes such as the Unfair Contract Terms Act 1977, the Consumer Rights Act 2015 and the Contracts (Rights of Third Parties) Act 1999. When a dispute arises, the solicitor reads the contract as the court would, following Arnold v Britton and Wood v Capita, and advises on termination, damages and specific performance.

When you need one

You have been sent an agreement to sign and do not understand some of the clauses.
The other side has not performed and you want to know whether you can end the contract and claim.
You are being accused of breach and want to know your exposure.
You need an agreement drafted for a transaction that does not fit a standard form.

How fees usually work

Most work is charged by the hour at a rate that depends on the solicitor's seniority, with a written estimate before work starts, as the SRA Code of Conduct and Transparency Rules require. VAT is added and disbursements such as court fees and counsel's fees are charged on top. Ask what would change the estimate and whether a fixed fee is possible for a defined stage.

Questions to ask before you instruct

Is this clause enforceable, and what happens if a court strikes it out?
Does the contract let me terminate for this breach, or only claim damages?
Have I done anything that could be treated as affirming the contract or waiving the breach?
How long do I have to bring a claim, and does the contract shorten it?

See the listed practitioners Check the limitation date on a contract claim

General information about England & Wales law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Contract solicitor questions

When is a breach serious enough to end the contract?

You can terminate for a repudiatory breach, one that goes to the root of the contract or shows the other party no longer intends to be bound, or where the contract gives an express right to terminate for that breach. Terminating without the right to do so is itself a repudiation, so the analysis should be done before the letter is sent.

What damages can I claim?

Damages put you in the position you would have been in had the contract been performed, subject to the rules on remoteness from Hadley v Baxendale and your duty to mitigate. Penalty clauses are unenforceable, but a liquidated damages clause that protects a legitimate interest is upheld after Cavendish Square v Makdessi.

How long do I have to sue on a contract?

Six years from the breach under section 5 of the Limitation Act 1980, or twelve years if the contract is a deed. The period runs from the breach, not from when you discovered it, subject to postponement for fraud or concealment under section 32.

For the practitioners listed here

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