Contract Disputes

2 Matter Plans Included

ALERTS - Nil
Full Commentary - Contract Disputes - Acting for the Claimant
Reference materials
- Electronic Signing and Witnessing
- Looking to the Future
- Article: Alternative dispute resolution
- Article: Costs actually
Overview and limitation periods

This guide deals with agreements between two or more parties on a commercial issue, usually business-to-business. Consumer contracts for personal, domestic, or household transactions are beyond the scope of this guide. Contractual disputes arise when one party to a contract alleges that the other ...
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Summary of the process

The usual steps in acting for a claimant in a contract dispute are:
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A. Getting the matter underway
- File cover sheet - Contract disputes
- To do list - Contract disputes - Acting for the claimant
- First steps
- Retainer instructions - Contract disputes
- Compliance documents
  - Client Due Diligence and Anti-money Laundering Guidance
  - Client Details, Identity Verification and Source of Funds
  - Conflict of interest check
  - Client and matter risk assessment
  - If required - Reporting an issue
    
    Anti-money laundering internal disclosure
- Initial letter to client enclosing Client Care and Terms of Business
- Enclosures for initial letter to client
  - Client care information
  - Terms of business
  - Scope of work - Contract disputes - Acting for the claimant
  - A summary of the dispute resolution process
- Funding
  
  Standard retainer Under a standard retainer, the solicitor’s costs and all disbursements and expenses are paid to the solicitor as they fall due.
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- If required - Conditional fees and damages-based agreements
  - Conditional fee agreements
    
    A conditional fee agreement is a no-win, no-fee arrangement based on the premise that a client is not responsible for the solicitor’s costs if the case is unsuccessful. Section 58(2)(a) of the Courts and Legal Services Act 1990 defines a conditional fee agreement as:
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  - Conditional fee agreement
  - Letter to client explaining barrister's fees
  - Letter to client giving informed consent to conditional fee agreement
  - Enclosure - Conditional fee agreements explained
  - Damages-based agreements
    
    A damages-based agreement is a contract between a solicitor and client that, if the client’s claim is successful, the solicitor will be entitled to a share of the recoveries. Damages-based agreements are different from conditional fee agreements in that they can be used only with claimant clients.
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  - Damages-based agreement
  - Letter to client enclosing damages-based agreement for signing
  - Enclosure - Damages-based agreements
  - Notice of funding of case or claim
- Time and costs estimates
- If required - Letter to client varying the Client Care and Terms of Business
  - Letter to client varying the Client Care and Terms of Business
- General deeds, agreements, statements, declarations, consents, and execution clauses
  - Deeds and agreements
  - Deeds
    
    Deed for general use
    
    Deed of assignment of agreement
    
    Deed of assignment of agreement with consent
    
    Deed of assignment of an insurance policy
    
    Deed of assignment of equitable interest in residential land
    
    Deed of gift
    
    Deed of guarantee
    
    Deed of release
    
    Deed of release and grant
    
    General deed of indemnity
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
  - Agreements
    
    Agreement for general use
    
    Boundary agreement
    
    Confidentiality agreement
    
    Construction agreement
    
    Heads of agreement
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
  - Statements and declarations
    
    Statement of truth
    
    Statement of truth - High Court
    
    Statutory declaration
    
    Statutory declaration of solvency
    
    Affidavit - General
    
    Exhibit sheet for affidavits - General
    
    Witness statement - Family matters
    
    Exhibit sheet to witness statement - Family matters
    
    Witness statement - Civil matters
    
    Exhibit sheet to witness statement - Civil matters
  - Execution clauses
    
    Execution clauses - Agreements and contracts
    
    Execution clauses - Deeds
    
    Execution clauses - Overseas companies
  - Consents
    
    If required - Personal data consent - General
    
    Letter to client enclosing consent - General
    
    Letter to third party enclosing consent - General
    
    General letter enclosing client consent
    
    General letter enclosing third party consent
    
    Consent to provide information - General
    
    Consent to provide information - General - Third party
    
    If required - Personal data consent - Health professional
    
    Letter to client enclosing consent - Health professional
    
    Letter to third party enclosing consent - Health professional
    
    Letter to doctor enclosing client consent
    
    Letter to doctor enclosing third party consent
    
    Consent to provide information - Health professional
    
    Consent to provide information - Health professional - Third party
    
    Change of name
    
    Change of name deed for an adult - Concise
    
    Change of name deed for a minor - Concise
    
    If required - Enrolment by an adult
    
    Change of name deed for an adult - For enrolment
    
    Statutory declaration - Enrolment of adult change of name deed
    
    Notice for the London Gazette on the change of name of an adult
    
    Consent to enrolment of change of name of an adult
    
    If required - Enrolment by a minor
    
    Change of name deed for a minor - For enrolment
    
    Statutory declaration - Enrolment of minor change of name deed
    
    Affidavit of best interest for the change of name of a minor
    
    Consent to enrolment of change of name of a minor
B. Preparatory casework and letters before claim
- Initial considerations for contract claims
  
  Before issuing proceedings or even sending a letter of claim, also known as a letter before action, confirmation needs to be sought that:
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- Pre-action protocols
  
  Pre-action protocols are specified in the Civil Procedure Rules, including the steps the court expects parties typically to take before commencing proceedings. There is no specific protocol for contract disputes so the Practice Direction – Pre-action conduct and protocols applies. The objectives of ...
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- Letter to client advising on protocols
- Practice direction - Pre-action conduct and protocols
- Letter to client confirming instructions to issue proceedings despite non-compliance with protocols
- Letter of claim
  
  Under the protocols, every case begins with correspondence between the opposing sides to establish the basis of the claim, allowing each side to have enough information to decide where they stand and attempt an early settlement of the matter without recourse to the courts. A letter of claim – also ...
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- Letter of claim to defendant - Contract disputes
- Letter of claim to defendant's solicitor - Contract disputes
- Certificate of service
- The defendant’s reply
  
  A letter of response should state whether the claim is accepted or denied, either in part or whole. If the letter of claim does not comply with the protocol and does not give the defendant enough details to assess the claim’s merits, it is appropriate to reply that the letter of claim is not ...
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C. Settling the matter
- Alternative dispute resolution
  
  A court has discretionary power to order parties in court proceedings to engage in alternative dispute resolution (ADR), James Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. Mr Churchill claimed against his council for damage caused to his property by Japanese knotweed. ...
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- Cost consequences without ADR
  
  If the case proceeds to litigation without ADR being considered, there are cost consequences. The Court of Appeal has clearly stated that no dispute is too intractable to be mediated: N J Rickard Limited v Holloway & Anor [2015] EWCA Civ 1631. The court’s position is summed up in Halsey v ...
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- Letter to the other side’s solicitor suggesting alternative dispute resolution
- Mediation settlement agreement
- Offers to settle
  
  There are opportunities to settle disputes, even when the parties’ relationship has soured. Settling the dispute can reduce costs and stress for all parties.
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- Letter to defendant’s solicitor making Calderbank offer
- If required - Part 36 offers
  - Enclosure - Part 36 offers
  - Letter to client suggesting making a Part 36 offer
  - Offer to settle (Section I Part 36)
  - Letter to other side's solicitor making Part 36 offer
  - Letter to client enclosing copy Part 36 offer made
  - Letter to client enclosing copy Part 36 offer received
- Settlement agreement
- Letter to client with draft settlement agreement
- Letter to other side's solicitor with settlement agreement
- Letter to court confirming settlement
- General form of judgment or order
- Library of example consent orders
  - Clause - Consent order for judgment notation of agreement
  - Clause - Consent order payment inclusive of costs
  - Clause - Consent order judgment in favour of one party
  - Clause - Consent order for proceedings to be dismissed with no order as to costs
  - Clause - Consent order for acceptance of lesser sum
- Letter to other side's solicitor sending draft consent order
- Letter to court filing draft consent order on settlement
D. Court practice and procedure
- Prior to issuing proceedings
  
  It is important to consider whether:
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- Limitation issues
  
  If a matter is close to its limitation date, it is possible to issue but not serve the proceedings as a protective measure. This allows for further instruction or investigation where required, or further negotiation if possible. The claim form can be sent for issue with a covering letter requesting ...
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- If required - Limitation issues
  - Standstill agreement to extend limitation
  - Standstill agreement to suspend limitation
- Electronic filing
  
  Courts and tribunals are continually developing ways to commence and manage cases electronically. In the Royal Courts of Justice and Upper Tribunals, the Courts Electronic Filing System (CE-File) allows for the digital issue and management of cases. The system incorporates electronic filing ...
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- Online portals
  
  Damages Claims Portal The Damages Claims Portal is governed by Practice Direction 51ZB and is for legal practitioners to use when making a claim for damages.
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- Issue a claim for damages with MyHMCTS
- Money Claim Online (MCOL)
- Paper proceedings
  
  Multiple claims and claimants Unlike an online claim, r 7.3 permits any number of claims and claimants to be covered by one paper claim form. Multiple claims which can be dealt with in this way are subject to the following criteria:
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E. Statements of case, filing and service
- Starting a claim online with MCOL
  
  See Practice Direction 7E for further information about starting a claim. Logging into MCOL opens a homepage with the option to start a new claim. To request the issue of a claim form, the online form needs to be completed and submitted, and the appropriate fee paid electronically.
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- Starting a paper claim
  
  The claim form for disputes in the County Court is form N1 which requires the following information.
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- Claim form (CPR Part 7)
- Claim form (N1SDT)
- Clause - Particulars of claim - Contract disputes
- Letter to court filing claim
- Letter to client confirming issue of proceedings where service is to be delayed
- Service
  
  It is usual for the claimant to request that the court serves the claim. The claim will be issued within two working days from the date it is submitted online, and the claimant will be posted a notice confirming the issue date. The issue date can also be checked online by accessing the claim ...
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- Letter to defendant serving claim
- Letter to defendant's solicitor serving claim
- Enclosures for letter serving claim - Response pack
  - Guidance for defendants replying to the claim form: N1C
  - Response pack
  - Admission (specified amount)
  - Admission (unspecified amount, non-money and return of goods claims)
  - Defence form
  - Defence and counterclaim (specified amount)
  - Defence and counterclaim (unspecified amount, non-money and return of goods claims)
- Letter to defendant providing particulars of claim after MCOL claim
- Letter to court providing particulars of claim after MCOL claim
- Certificate of service
- Defendant’s response
  
  The defendant’s options for responding are set out in Part 9 of the Civil Procedure Rules. They can:
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- Example content - Reply to defence
- Extension of time
  
  If the defendant needs more time to respond, consent for an extension is to be sought from the claimant before the time limits expire. Rule 2.11 provides some capacity for parties to agree on time limit variations between themselves. Rule 15.5 notes that the parties may agree to extend ...
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- Letter to defendant's solicitor responding to request for extension of time
- Counterclaims and additional claims
  
  Part 20 of the Civil Procedure Rules sets out the requirements for counterclaims by the defendant against the claimant or a third party, and other additional claims such as a defendant seeking contributions or indemnity from a third party. The rule reiterates the overriding principle that ...
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F. Interim applications
- Security for costs
  
  As part of a response, the defendant may apply to the court for security for costs under r 25.12. This is an application to require the claimant to pay a sum of money into court to protect the defendant’s ability to claim their costs back if they are successful in defending the claim. The ...
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- Default judgment
  
  Where the defendant has failed to respond to a claim either at all or within time, a claimant may apply for default judgment pursuant to Part 12 of the Civil Procedure Rules. It is a purely administrative procedure and does not require a court hearing. The claimant may obtain default judgment ...
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- Letter to client with advice about default judgment
- Request for judgment and reply to admission (specified amount)
- Request for judgment by default (amount to be decided by the court)
- Summary judgment
  
  The court may give summary judgment when it believes that either the claimant has no real prospect of succeeding, the defendant has no real prospect of defending the claim, or there is no other compelling reason why the case or issue should be disposed of at a trial. If so, the court gives judgment ...
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- Letter to client with advice about summary judgment
- Application notice
- General form of judgment or order
- Clause - Wording for Form N244 requesting summary judgment
- Example content - Draft order for summary judgment
- Letter to court filing documents
- If required - Evidence
  - Letter to court filing written evidence
  - Letter to other side's solicitor serving written evidence
- Letter to client after summary judgment success
G. Case management and directions
- Case management
  
  The court’s approach to case management following the filing of a defence and any counterclaims or additional claims by the defendant reflects the overriding objective of the Civil Procedure Rules that cases be dealt with justly and at proportionate cost.
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- Directions questionnaire (small claims track)
- Directions questionnaire (fast track, intermediate track and multi-track)
- Enclosures for directions questionnaire - Disclosure and costs
  - Disclosure reports
    
    Rule 31.5(3) requires parties to a multi-track case to serve a disclosure report verified by a statement of truth not less than 14 days before the first case management conference. The standard procedure is to do this when returning the directions questionnaire. The report must describe ...
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  - Disclosure report
  - Costs budgets
    
    For most multi-track cases, r 3.13 requires the filing of a costs budget. Unless the court orders otherwise, the parties must file costs budgets:
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  - Costs budget (Precedent H) and budget discussion report (Precedent R)
  - Precedent T - (budget variation summary sheet)
  - Using the automated app – Precedent H – Costs budget
  - Using the automated app – Precedent S – Bill of costs
- Letter to client confirming costs budget
- Letter to defendant's solicitor serving costs budget
- Directions
  
  Directions are given to parties by the court to assist trial preparation. They are intended to:
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- Small claims track standard directions
- Small claims track special directions
- Fast track standard directions
- Multi - track standard directions
- Listing questionnaires
  
  Also known as pre-trial checklists, these apply to fast, intermediate and multi-track cases where appropriate. Effectively a second part of the directions procedure, they seek information from the parties to enable the court to list the case and fill any gaps in getting the case from directions to ...
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- Listing questionnaire (pre-trial checklist)
- Application notice
- General form of judgment or order
- Letter to court filing documents
H. Disclosure and evidence
- Disclosure
  
  Disclosure is the stage in a case at which parties share the information on which they are basing their case, together with anything else that affects the case. In keeping with the overriding objective of the Civil Procedure Rules, this is to enable the case to be dealt with as efficiently as ...
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- Letter to client regarding disclosure
- Standard disclosure
- Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B)
- Disclosure report
- Letter to other side's solicitor enclosing disclosure report
- Letter to other side's solicitor requesting to inspect documents
- Evidence
  
  If the applicant wishes to rely on written evidence at the hearing, they must file the evidence and serve a copy on the respondent at least three days before the hearing. If the respondent wishes to rely on written evidence, they must file the evidence and serve copies of it on all the parties at ...
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- Library of evidence documents
  - Proof of evidence
  - Witness statement - Civil matters
  - Example content - Witness statement for civil matters
  - Exhibit sheet to witness statement - Civil matters
  - General form of affidavit
  - Clause - Affidavit for civil matters
  - Exhibit sheet for affidavits - Civil matters
  - Notice of intention to rely on hearsay evidence
  - Notice to admit facts
- Letter to court filing documents
- Letter to court filing written evidence
- Letter to other side's solicitor serving written evidence
- Vulnerable witnesses and parties
  
  The overriding objective of the Civil Procedure Rules is to deal with cases justly and at a proportionate cost, ensuring all parties are on an equal footing and able to participate fully in proceedings. However, a vulnerable party or witness may face impediments to participation and diminish the ...
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- Expert witnesses
  
  Evidence from an expert who has been instructed to give or prepare evidence on any relevant matter in which they are qualified is admissible, despite the usual rule against opinion evidence being admitted: s 3 of the Civil Evidence Act 1972. See Part 35 of the Civil Procedure Rules and ...
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- If required - Expert witnesses
  - Letter to expert requesting report
  - Letter to court filing expert's report
  - Letter to other side's solicitor serving expert's report
I. Final hearing and costs
- Preparation for the final hearing
  
  Small claims track cases After the case has been allocated to the small claims track and the court has issued the standard or any special directions and held any preliminary hearings under r 27.6, the court will fix a date for trial. The court will give the parties at least 21 days notice ...
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- Letter to counsel enclosing brief
- Brief to counsel - Civil matters
- Letter to client advising of court hearing date
- Letter to court advising client will not attend
- Letter to witness advising hearing date
- Small claims track special directions
- Listing questionnaire (pre-trial checklist)
- Letter to court filing documents
- Court bundles
  
  A court bundle is an indexed collection of documents that the parties will rely on during the hearing. The bundle includes all documents filed in court, leaving out any irrelevant documents even if disclosed in the proceedings. Rule 39.5 and paragraph 27 of Practice Direction 32 ...
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- County Court, High Court and Appeal Court - Trial bundle cover page
- County Court, High Court and Appeal Court - Trial bundle index
- Case summary
- Chronology - Civil matters
- Letter to other side's solicitor enclosing index to trial bundle
- Letter to other side's solicitor enclosing trial bundle
- Letter to court filing trial bundle
- Costs for the final hearing
  
  Small claims track cases Costs on the small claims track are governed by r 27.14, which provides that the following are recoverable:
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- Costs budget (Precedent H) and budget discussion report (Precedent R)
- Precedent T - (budget variation summary sheet)
- Using the automated app – Precedent H – Costs budget
- Using the automated app – Precedent S – Bill of costs
- Final hearing
  
  Preparation for the final hearing
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J. Finalising the matter
- If required - Discontinuance
  - Notice of discontinuance
  - Letter to court filing documents
- Letter to client advising successful outcome and enclosing invoice
- Letter to client advising unsuccessful outcome with advice about appeal and enclosing invoice
- Example invoice
- Invoice recital - Contract disputes - Acting for the claimant
- Enclosure - Explaining the bill
- Letter to client finalising the matter
- Closing the file
- File closing checklist
- File review form - General
Further information
Comments and suggestions for By Lawyers

ALERTS - Nil
Full Commentary - Contract Disputes - Acting for the Defendant
Reference materials
- Electronic Signing and Witnessing
- Looking to the Future
- Article: Alternative dispute resolution
- Article: Costs actually
Overview and limitation periods

This guide deals with agreements between two or more parties on a commercial issue, usually business-to-business. Consumer contracts for personal, domestic, or household transactions are beyond the scope of this guide. Contractual disputes arise when one party to a contract alleges that the other ...
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
Summary of the process

The usual steps in acting for a defendant in a contract dispute are:
This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
A. Getting the matter underway
- File cover sheet - Contract disputes
- To do list - Contract disputes - Acting for the defendant
- First steps
- Retainer instructions - Contract disputes
- Compliance documents
  - Client Due Diligence and Anti-money Laundering Guidance
  - Client Details, Identity Verification and Source of Funds
  - Conflict of interest check
  - Client and matter risk assessment
  - If required - Reporting an issue
    
    Anti-money laundering internal disclosure
- Initial letter to client enclosing Client Care and Terms of Business
- Enclosures for initial letter to client
  - Client care information
  - Terms of business
  - Scope of work - Contract disputes - Acting for the defendant
  - A summary of the dispute resolution process
- Funding
  
  Standard retainer Under a standard retainer, the solicitor’s costs and all disbursements and expenses are paid to the solicitor as they fall due.
  This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
- If required - Conditional fees and damages-based agreements
  - Conditional fee agreements
    
    A conditional fee agreement is a no-win, no-fee arrangement based on the premise that a client is not responsible for the solicitor’s costs if the case is unsuccessful. Section 58(2)(a) of the Courts and Legal Services Act 1990 defines a conditional fee agreement as:
    This excerpt is a preview of the full publication. You can Subscribe Now and gain immediate access to the complete publication.
  - Conditional fee agreement
  - Letter to client explaining barrister's fees
  - Letter to client giving informed consent to conditional fee agreement
  - Enclosure - Conditional fee agreements explained
- Time and costs estimates
- If required - Letter to client varying the Client Care and Terms of Business
  - Letter to client varying the Client Care and Terms of Business
- General deeds, agreements, statements, declarations, consents, and execution clauses
  - Deeds and agreements
  - Deeds
    
    Deed for general use
    
    Deed of assignment of agreement
    
    Deed of assignment of agreement with consent
    
    Deed of assignment of an insurance policy
    
    Deed of assignment of equitable interest in residential land
    
    Deed of gift
    
    Deed of guarantee
    
    Deed of release
    
    Deed of release and grant
    
    General deed of indemnity
    
    Library of standard clauses for deeds
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
  - Agreements
    
    Agreement for general use
    
    Boundary agreement
    
    Confidentiality agreement
    
    Construction agreement
    
    Heads of agreement
    
    Library of standard clauses for agreements
    
    Amendment
    
    Confidentiality
    
    Confidentiality - Extensive
    
    Costs
    
    Counterparts
    
    Dispute resolution
    
    Events beyond control
    
    Governing law and jurisdiction
    
    Interpretation
    
    No assignment
    
    Notices
    
    Severance
    
    Third parties
    
    Waiver
    
    Whole agreement
  - Statements and declarations
    
    Statement of truth
    
    Statement of truth - High Court
    
    Statutory declaration
    
    Statutory declaration of solvency
    
    Affidavit - General
    
    Exhibit sheet for affidavits - General
    
    Witness statement - Family matters
    
    Exhibit sheet to witness statement - Family matters
    
    Witness statement - Civil matters
    
    Exhibit sheet to witness statement - Civil matters
  - Execution clauses
    
    Execution clauses - Agreements and contracts
    
    Execution clauses - Deeds
    
    Execution clauses - Overseas companies
  - Consents
    
    If required - Personal data consent - General
    
    Letter to client enclosing consent - General
    
    Letter to third party enclosing consent - General
    
    General letter enclosing client consent
    
    General letter enclosing third party consent
    
    Consent to provide information - General
    
    Consent to provide information - General - Third party
    
    If required - Personal data consent - Health professional
    
    Letter to client enclosing consent - Health professional
    
    Letter to third party enclosing consent - Health professional
    
    Letter to doctor enclosing client consent
    
    Letter to doctor enclosing third party consent
    
    Consent to provide information - Health professional
    
    Consent to provide information - Health professional - Third party
    
    Change of name
    
    Change of name deed for an adult - Concise
    
    Change of name deed for a minor - Concise
    
    If required - Enrolment by an adult
    
    Change of name deed for an adult - For enrolment
    
    Statutory declaration - Enrolment of adult change of name deed
    
    Notice for the London Gazette on the change of name of an adult
    
    Consent to enrolment of change of name of an adult
    
    If required - Enrolment by a minor
    
    Change of name deed for a minor - For enrolment
    
    Statutory declaration - Enrolment of minor change of name deed
    
    Affidavit of best interest for the change of name of a minor
    
    Consent to enrolment of change of name of a minor
B. Preparatory casework and replying to letters before claim
- Initial considerations for contract claims
  
  As going to court can involve the client in high costs, the first consideration is whether the problem can be solved in another way – perhaps by negotiation or mediation. Consider the defendant’s ability to pay a judgment. If they are a struggling company, they may not have the assets at hand or ...
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- Express and implied terms
  
  Express terms An express term in a commercial contract is a term that is explicitly agreed between the contracting parties. It is often wrongly assumed by parties to a contract that an express term only exists if it is in writing.
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- Remedies
  
  Other than termination, remedies for breach of contract are designed to give effect to the transaction that the parties agreed on in the first place.
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- Commercial insurance contracts
  
  The Insurance Act 2015 applies to claims under contracts for insurance and when an insurer is allowed to reject a claim. In insurance contracts, a warranty is a pre-contractual promise given to the insurer by the insured for the insurance policy to remain valid.
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- Pre-action protocols
  
  Pre-action protocols are specified in the Civil Procedure Rules, including the steps the court normally expects parties to take before commencing proceedings. There is no specific protocol for contract disputes so the Practice Direction – Pre-action conduct and protocols applies. The objectives of ...
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- Letter of claim
  
  Under the protocols, every case begins with correspondence between the opposing sides to establish the basis of the claim, allowing each side to have enough information to decide where they stand and attempt an early settlement of the matter without recourse to the courts. A letter of claim – also ...
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- Initial letter of response to other side's solicitor requesting further information - Breach of contract
- The defendant’s reply
  
  A letter of response should state whether the claim is accepted or denied, either in part or whole. If the letter of claim does not comply with the protocol and does not give the defendant enough details to assess the claim’s merits, it is appropriate to reply that the letter of claim is not ...
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- Letter of response to other side's solicitor - Contract breaches admitted
- Letter of response to other side's solicitor - Contract breaches not admitted
- Letter of response to other side's solicitor - Contract breaches part admitted
C. Settling the matter
- Alternative dispute resolution
  
  A court has discretionary power to order parties in court proceedings to engage in alternative dispute resolution (ADR), James Churchill -v- Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416. Mr Churchill claimed against his council for damage caused to his property by Japanese knotweed. ...
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- Cost consequences without ADR
  
  If the case proceeds to litigation without ADR being considered, there are cost consequences. The Court of Appeal has clearly stated that no dispute is too intractable to be mediated: N J Rickard Limited v Holloway & Anor [2015] EWCA Civ 1631. The court’s position is summed up in Halsey v ...
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- Letter to the other side’s solicitor suggesting alternative dispute resolution
- Mediation settlement agreement
- Offers to settle
  
  There are opportunities to settle disputes, even when the parties’ relationship has soured. Settling the dispute can reduce costs and stress for all parties.
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- Letter to other side's solicitor making without prejudice offer
- Letter to claimant’s solicitor making Calderbank offer
- If required - Part 36 offers
  - Enclosure - Part 36 offers
  - Letter to client suggesting making a Part 36 offer
  - Offer to settle (Section I Part 36)
  - Letter to other side's solicitor making Part 36 offer
  - Letter to client enclosing copy Part 36 offer made
  - Letter to client enclosing copy Part 36 offer received
- Settlement agreement
- Letter to client with draft settlement agreement
- Letter to other side's solicitor with settlement agreement
- Letter to court confirming settlement
- General form of judgment or order
- Library of example consent orders
  - Clause - Consent order for judgment notation of agreement
  - Clause - Consent order payment inclusive of costs
  - Clause - Consent order judgment in favour of one party
  - Clause - Consent order for proceedings to be dismissed with no order as to costs
  - Clause - Consent order for acceptance of lesser sum
- Letter to other side's solicitor sending draft consent order
- Letter to court filing draft consent order on settlement
D. Court practice and procedure
- The County Court
  
  The same law and procedural rules apply whether the dispute is a small or large claim that may eventually head to the High Court. A single County Court operates through several hearing centres across England and Wales, each presided over by a District Judge.
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- Part 7 claims
  
  The issue of proceedings is governed by Part 7 of the Civil Procedure Rules and Practice Direction 7A, supplemented by Practice Direction 7E, which deals with online claims. For more information regarding online claims, see Money Claim Online.
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- Part 8 claims
  
  Part 8 of the Civil Procedure Rules provides an alternative procedure to the usual method of bringing a claim under Part 7. It is aimed at disputes where a claimant seeks the court’s decision on a question unlikely to involve a substantial dispute of fact. For example, a Part 8 claim ...
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- Electronic filing
  
  Courts and tribunals are continually developing ways to commence and manage cases electronically. In the Royal Courts of Justice and Upper Tribunals, the Courts Electronic Filing System (CE-File) allows for the digital issue and management of cases. The system incorporates electronic filing ...
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- Online portals
  
  Damages Claims Portal The Damages Claims Portal is governed by Practice Direction 51ZB and is for legal practitioners to use when making a claim for damages.
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- Issue a claim for damages with MyHMCTS
- Money Claim Online (MCOL)
- Paper proceedings
  
  Multiple claims and claimants Unlike an online claim, r 7.3 permits any number of claims and claimants to be covered by one paper claim form. Multiple claims which can be dealt with in this way are subject to the following criteria:
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- Service
  
  It is usual for the claimant to request that the court serves the claim. The claim will be issued within two working days from the date it is submitted online, and the claimant will be posted a notice confirming the issue date. The issue date can also be checked online by accessing the Claim ...
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- Letter to claimant’s solicitor giving notice regarding service
E. Responding to a claim
- Defences
  
  Time limits The time limits that apply for bringing a case to court vary depending on the type of action. The limitation periods are:
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- How to respond
  
  The defendant’s options for responding are set out in Part 9 of the Civil Procedure Rules. They can:
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- Letter to court responding to claim
- Response pack
- Defendant admits the claim
  
  A defendant may admit the claim by filing a Form of Admission from the response pack. If the defendant requires time to pay the amount, they will need to complete the parts of the form that require details of their assets, income, and outgoings. They will also need to make an instalment offer.
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- Admission (specified amount)
- Admission (unspecified amount, non-money and return of goods claims)
- Defendant admits part of the claim
  
  A defendant who admits only part of a claim will need to file a defence to the part of the claim that is not admitted to prevent judgment being awarded for the whole claim. Once the defence is filed, the matter progresses to the case management phase. The claimant will have the option of accepting ...
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- Defendant disputes the claim
  
  Defence Where the defendant disputes the claim in whole or in part, they must file a defence within 14 days of service of the particulars of claim or within 28 days if they have first filed an acknowledgment of service.
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- Defence form
- Example content - Defence
- If required - Extension of time
  - Extension of time
    
    If the defendant needs more time to respond, consent for an extension should be sought from the claimant before the time limits expire. Rule 2.11 provides some capacity for parties to agree on time limit variations between themselves. Rule 15.5 notes that the parties may agree to extend ...
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  - Application notice
  - Clause - Extension of time
  - Letter to other side's solicitor requesting extension for time to serve
  - Letter to court confirming extension agreed between the parties
- If required - Counterclaims and additional claim
  - Counterclaims and additional claims
    
    Part 20 of the Civil Procedure Rules sets out the requirements for counterclaims by the defendant against the claimant or a third party, and other additional claims such as a defendant seeking contributions or indemnity from a third party. The rule reiterates the overriding principle that ...
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  - Defence and counterclaim (specified amount)
  - Defence and counterclaim (unspecified amount, non-money and return of goods claims)
  - Claim form (additional claims - CPR Part 20)
  - Application notice
  - Letter to defendant serving claim
  - Letter to defendant's solicitor serving claim
F. Interim applications
- Security for costs
  
  As part of a response, the defendant may apply to the court for security for costs under r 25.12. This is an application to require the claimant to pay a sum of money into court to protect the defendant’s ability to claim their costs back if they are successful in defending the claim. The ...
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- Clause - Wording for Form N244 Application Notice, box 3 - Security for costs
- Example content - Draft order - Security for costs
- Default judgment
  
  It is critical for a defendant who wishes to defend a claim to avoid having a default judgment entered. Where the defendant has failed to respond to a claim at all or within time, a claimant may apply for default judgment pursuant to Part 12 of the Civil Procedure Rules. It is a purely ...
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- Setting aside or varying default judgment
  
  Although there is no right of appeal when judgment has been entered in default, the parties have the right under Part 13 of the Civil Procedure Rules to apply to vary or set aside the order. The court must set aside the order if it was wrongly entered, for example, if it was entered on the ...
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- Witness statement - Civil matters
- Clause - Draft order - Setting aside default judgment on the basis of a real prospect of defending the claim
- Defence form
- Example content - Defence
- Summary judgment
  
  The court may give summary judgment when it believes that either the claimant has no real prospect of succeeding, the defendant has no real prospect of defending the claim, or there is no other compelling reason why the case or issue should be disposed of at a trial. If so, the court gives judgment ...
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- Letter to client with advice about summary judgment
- Application notice
- General form of judgment or order
- Clause - Wording for Form N244 requesting summary judgment
- Example content - Draft order for summary judgment
- Letter to court filing documents
- Letter to client after summary judgment success
G. Case management and directions
- Transfer of claims
  
  Usually, claims are dealt with by the court closest to the defendant’s address or the County Court in Central London. Rule 26.2A enables the transfer of money claims in specific circumstances, including where a court officer considers that the claim should be referred to a judge for directions ...
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- Provisional allocation
  
  The parties will receive a notice provisionally allocating the defended claim to one of four tracks from the court. This occurs before the parties file their directions questionnaires. The four tracks are:
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- Directions questionnaires
  
  Directions questionnaires request information to assist the court in confirming the allocation of a case and enable active management of its progress through the court. Rule 26.8 provides that when deciding the track for a claim, the court will consider several factors, including the financial ...
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- Directions questionnaire (small claims track)
- Directions questionnaire (fast track, intermediate track and multi-track)
- Enclosures for directions questionnaire - Disclosure and costs
  - Disclosure
    
    Rule 31.5(3) requires parties to a multi-track case to serve a disclosure report verified by a statement of truth not less than 14 days before the first case management conference. The standard procedure is to do this when returning the directions questionnaire. The report is required to ...
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  - Disclosure report
  - Costs budgets
    
    For most multi-track cases, r 3.13 requires the filing of a costs budget. Unless the court orders otherwise, the parties must file costs budgets:
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  - Costs budget (Precedent H) and budget discussion report (Precedent R)
  - Precedent T - (budget variation summary sheet)
  - Using the automated app – Precedent H – Costs budget
  - Using the automated app – Precedent S – Bill of costs
- Letter to client confirming costs budget
- Letter to claimant's solicitor serving costs budget
- Directions
  
  Directions are given to parties by the court to assist trial preparation. They are intended to:
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- Small claims track standard directions
- Small claims track special directions
- Fast track standard directions
- Multi-track standard directions
- Listing questionnaire
  
  Also known as pre-trial checklists, these apply to fast, intermediate and multi-track cases where appropriate. Effectively a second part of the directions procedure, they seek information from the parties to enable the court to list the case and fill any gaps in getting the case from directions to ...
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- Letter to court filing documents
- Listing questionnaire (pre-trial checklist)
- Application notice
- General form of judgment or order
H. Disclosure and evidence
- Disclosure
  
  Rule 31.5(3) requires parties to a multi-track case to serve a disclosure report verified by a statement of truth not less than 14 days before the first case management conference. The standard procedure is to do this when returning the directions questionnaire. The report is required to ...
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- Letter to client regarding disclosure
- Standard disclosure
- Electronic documents questionnaire (Civil Procedure Rules Practice Direction 31B)
- Disclosure report
- Letter to other side's solicitor enclosing disclosure report
- Letter to court filing documents
- Letter to other side's solicitor requesting to inspect documents
- Evidence
  
  If the applicant wishes to rely on written evidence at the hearing, they must file the evidence and serve a copy on the respondent at least three days before the hearing. If the respondent wishes to rely on written evidence, they must file the evidence and serve copies of it on all the parties at ...
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- Library of evidence documents
  - Proof of evidence
  - Witness statement - Civil matters
  - Example content - Witness statement for civil matters
  - Exhibit sheet to witness statement - Civil matters
  - General form of affidavit
  - Clause - Affidavit for civil matters
  - Exhibit sheet for affidavits - Civil matters
  - Notice of intention to rely on hearsay evidence
  - Notice to admit facts
- Letter to court filing written evidence
- Letter to other side's solicitor serving written evidence
- If required - Expert witnesses
  - Expert witnesses
    
    Evidence from an expert who has been instructed to give or prepare evidence on any relevant matter in which they are qualified is admissible, despite the usual rule against opinion evidence being admitted: s 3 of the Civil Evidence Act 1972. See Part 35 of the Civil Procedure Rules and ...
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  - Letter to expert requesting report
  - Letter to court filing expert's report
  - Letter to other side's solicitor serving expert's report
I. Final hearing
- Preparation for the final hearing
  
  Small claims track cases After the case has been allocated to the small claims track and the court has issued the standard or any special directions and held any preliminary hearings under r 27.6, the court will fix a date for trial. The court will give the parties at least 21 days notice ...
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- Letter to counsel enclosing brief
- Brief to counsel - Civil matters
- Letter to client advising of court hearing date
- Letter to court advising client will not attend
- Letter to witness advising hearing date
- Small claims track special directions
- Listing questionnaire (pre-trial checklist)
- Letter to court filing documents
- Court bundles
  
  A court bundle is an indexed collection of documents that the parties will rely on during the hearing. The bundle for the final hearing includes all documents filed in court, leaving out any irrelevant documents even if disclosed in the proceedings. Rule 39.5 and paragraph 27 of Practice ...
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- If required - Defendant bundle
  - County Court, High Court and Appeal Court - Trial bundle cover page
  - County Court, High Court and Appeal Court - Trial bundle index
  - Case summary
  - Chronology - Civil matters
  - Letter to other side's solicitor enclosing index to trial bundle
  - Letter to other side's solicitor enclosing trial bundle
  - Letter to court filing trial bundle
- Costs for the final hearing
  
  Small claims track cases Costs on the small claims track are governed by r 27.14, which provides that the following are recoverable:
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- Costs budget (Precedent H) and budget discussion report (Precedent R)
- Precedent T - (budget variation summary sheet)
- Using the automated app – Precedent H – Costs budget
- Using the automated app – Precedent S – Bill of costs
- Final hearing
  
  Preparation for the final hearing
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J. Finalising the matter
- If required - Discontinuance
  - Letter to court filing documents
  - Notice of discontinuance
- Letter to client advising successful outcome and enclosing invoice
- Letter to client advising unsuccessful outcome with advice about appeal and enclosing invoice
- Example invoice
- Invoice recital - Contract disputes - Acting for the defendant
- Enclosure - Explaining the bill
- Letter to client finalising the matter
- Closing the file
- File closing checklist
- File review form - General
Further information
Comments and suggestions for By Lawyers

This publication guides practitioners through contract dispute matters, including non-court dispute resolution, court hearings, and enforcement.

Overview

Precedents in this publication include:

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