Breach of Contract Lawyer Services

When parties enter into a legally binding agreement, it’s usually with shared goals and mutual trust. Disputes are rarely anticipated at the outset, but they can arise when the terms are breached - whether through non-payment, delays, or failure to meet agreed obligations. When this happens, JMW’s specialist commercial litigation solicitors are experienced in guiding clients through contractual disputes with clarity and commercial focus.

We act for individuals, businesses and organisations in breach of contract claims of all types. Our contract lawyers understand the financial and reputational impact these issues can cause, and we work hard to resolve matters quickly, commercially and cost-effectively. Whether you are bringing a contract claim or defending one, we help you understand your legal position, assess the strength of your case, and pursue the most appropriate course of action - from negotiation and alternative dispute resolution to court proceedings where necessary.

If a contract breach has caused your business loss, or the other party is accusing you of breaching contract terms, JMW can help you move forward. Speak to a breach of contract lawyer by calling us on 0345 872 6666, or fill in our online contact form to request a call back.

How JMW Can Help

JMW’s team offers expert advice and tailored solutions for businesses involved in contract disputes, helping you to resolve conflicts efficiently and protect your commercial interests. We understand that the circumstances of contractual claims may differ, but rest assured that our specialist lawyers have significant experience. Whether the issue stems from a commercial contract, shareholders’ agreement or a dispute over restrictive covenants in a share purchase agreement, our breach of contract solicitors provide practical, strategic support aligned with your objectives.

We assist clients at every stage - from assessing the terms of a written contract or implied terms, to identifying when a breach occurs and advising on the most appropriate remedy. If a party fails to perform its obligations, we help you act quickly to limit financial loss, seek damages where appropriate, and secure a settlement agreement or other remedies suited to the breach caused.

Our contract solicitors support claimants and defendants across a wide range of breach of contract claims, including:

• Determining the legal position when one party is accused of a breach.
• Reviewing contractual terms to assess whether a contract exists and if there has been a breach. 
• If there has been a breach, advising on whether the breach amounts to a material breach, anticipatory breach, or minor breach. The difference in severity determines the remedy available.
• Exploring all routes to resolution, including negotiation, alternative dispute resolution and court proceedings.
• Taking urgent steps to pursue specific performance, compensatory damages or injunctive relief when appropriate.

From high-value commercial disputes to individual contract cases, JMW provides clear, effective advice to help you reach a cost-effective outcome. We also advise on the costs involved and potential funding options as part of your initial consultation.

Meet Our Team

Case Studies

What Is a Breach of Contract?

A breach of contract occurs when one party - or more - fails to meet its obligations under a legally binding agreement. These obligations may be set out in express terms, such as payment deadlines or delivery schedules, or implied terms recognised under contract law. A breach may happen when a party fails to do what it promised, does something it agreed not to do, refuses to do something it agreed to do, or prevents the contract from being fulfilled.

Not all breaches carry the same legal or commercial weight. In many situations, the breach may be minor - for example, a customer paying a few days late or a supplier delivering slightly behind schedule. In such cases, the breach is typically capable of remedy, and the parties may choose not to escalate matters for business reasons. Pursuing a contract claim in court for a minor breach could damage an otherwise valuable relationship and incur unnecessary costs.

However, when a breach is more serious - such as complete non-payment, failure to deliver altogether, or conduct amounting to a fundamental breach - the injured party may need to take action. Your breach of contract solicitor will begin by reviewing the contract terms to identify the precise nature of the agreed terms, whether a breach has occurred and the extent of any termination provisions. These provisions may allow the contract to be ended automatically or with notice if a breach arises that is not capable of remedy.

If the breach has caused measurable financial loss or other commercial harm, your solicitor may advise pursuing a claim for compensatory damages. Other remedies may include specific performance (compelling the other party to fulfil their obligations), or an injunction to prevent further breach. The correct approach depends on the nature of the breach, the contractual terms in place, and the wider impact on your business or personal interests.

Common Breach of Contract Scenarios We Deal With

Breaches of contract vary in type and seriousness. Some disputes involve minor technical breaches, while others concern a party’s refusal or inability to fulfil essential obligations. At JMW, our breach of contract solicitors deal with a wide range of contractual claims, from isolated incidents to repeated breaches that cause lasting commercial disruption. Understanding the nature of the breach helps determine the appropriate legal remedy and whether termination or damages may be pursued.

Repudiatory breach

A repudiatory breach is the most serious type of contract breach. It arises when one party acts in a way that deprives the other of the core benefit of the contract - such that it can no longer be performed. This often gives the innocent party a right to terminate the agreement and seek damages for any resulting financial loss.

Even if there is a termination clause in the contract, a repudiatory breach is usually sufficiently serious to justify the immediate termination of the contract by the injured party without further obligations. Examples may include one party refusing to perform its duties under the contract at all or performing them in a substantially different way. For instance, if a contractor delivers an entirely different product or service to what was agreed, this could be classified as a repudiatory breach.

Material breach

A material breach occurs when one party fails to fulfil a key obligation under the contract and, as a result, deprives the other party of a substantial part of the agreement’s benefit. It is more serious than a minor breach, but not always sufficient to justify automatic termination.

Whether a material breach entitles the other party to terminate the contract depends on the contractual terms and the breach’s impact. Some contracts expressly state that certain material breaches allow termination, particularly if the breach is not capable of remedy. Our contract lawyers can assess your legal position and advise on the next steps in these circumstances.

Minor breach

A minor breach is one that does not strike at the heart of the contract but still involves a failure to meet the terms. These are often technical or time-based breaches - for example, completing work a few days late or delivering goods after the agreed deadline.

Although a minor breach may not justify termination, it still allows the injured party to seek damages if the breach has caused loss. It may also become more serious if it repeats over time or is coupled with multiple failures.

Repeated breach

Even where individual breaches may seem minor, repeated breaches over time can amount to a repudiatory breach of contract. If one party consistently fails to meet deadlines, deliver goods, or provide agreed services, this behaviour may justify ending the contract and claiming damages on the basis that the other party has shown they are unwilling or unable to perform their obligations reliably.

How to Prove a Breach of Contract

To bring a successful breach of contract claim, you must be able to show that a contract existed, that one party failed to meet their obligations, and that this breach caused loss or harm to the other party. Our breach of contract solicitors help clients assess the strength of their claim and gather the evidence needed to support it.

A valid contract exists

The first step is demonstrating that a legally binding agreement was in place. This could be a written contract, a verbal agreement with clear terms, or a contract implied through the conduct of the parties. Even informal messages on messaging platforms may amount to a valid contract. Most contracts include a combination of express terms - which are clearly stated - and implied terms, which the law assumes based on the nature of the agreement.

The other party breached the contract

Next, you must show that the other party failed to meet one or more of their contractual obligations. This could involve a failure to perform at all (such as not providing a service), substandard performance (such as providing the wrong product), or failure to meet agreed timeframes.

Your solicitor will review the contract terms to determine the nature of the breach - for example, whether it is a minor breach, material breach or repudiatory breach - and how that affects the remedies available.

The breach caused financial loss or other harm

There must be a direct loss or other harm flowing from the breach. It is not enough to show that the contract was breached; you must also demonstrate that you suffered loss or other harm as a consequence of the breach. This could include loss of revenue, reputational damage, additional costs incurred to fix the problem, or missed commercial opportunities.  Such loss must be considered to be reasonably foreseeable at the time the parties entered into the contract.

The breaching party had no valid reason

The final element is showing that the other party had no lawful excuse for failing to comply. Sometimes, disputes arise over whether a term was clear, enforceable or subject to conditions. A party may also argue that a force majeure clause or frustration of contract applies. Our solicitors assess whether the contract terms support or undermine the breach claim and advise you on how courts are likely to interpret your legal position.

Whether you're seeking damages, specific performance or another remedy, proving breach of contract requires careful examination of the facts, the terms of agreement, and the conduct of both parties. JMW provides clear advice on the evidence required and how to build a persuasive case from the outset.

Potential Remedies for Breaches of Contract

When a breach of contract occurs, the injured party may be entitled to various legal remedies depending on the type of breach, the terms of the agreement, and the losses suffered. The aim of contract law is to place the innocent party in the position they would have been in had the contract been properly performed. JMW’s breach of contract solicitors help you assess the appropriate remedy and build a strong claim for redress.

Damages

Damages are the most common remedy in breach of contract claims. A party to a contract may be able to claim damages if they have suffered financial loss as a result of the other party’s breach of contract. If no actual loss has been suffered, the court may still award nominal or notional damages to acknowledge that a breach occurred.

However, it is not possible to claim for losses that are considered too ‘remote’. Only losses that flow directly from the breach, or were within the contemplation of both parties at the time of contracting, are recoverable. In addition, the innocent party is expected to take reasonable steps to avoid or reduce the loss - this is known as ‘mitigation’. A failure to mitigate could limit or reduce the damages awarded.

Specific performance

In some cases, rather than awarding damages, the court may order the breaching party to perform their contractual obligations. This remedy is known as specific performance. For example, in a building contract dispute, the court may require that the work is completed despite the breach.

Injunction

Like specific performance, an injunction is an equitable remedy that may be granted where damages alone are not enough to address the breach. An injunction may be used to prevent a party from taking a particular action, such as disclosing confidential information or breaching a restrictive covenant.

How Long Do I Have to Bring a Claim?

If you are considering bringing a breach of contract claim, it is important to understand the time limits involved. Under the Limitation Act 1980, most breach of contract claims must be brought within six years of the date the breach occurred. This applies to standard written or verbal contracts.

Where the contract was made by deed - for example, a formal document signed and witnessed by both parties - the limitation period is twelve years. This longer time frame often applies to commercial contracts involving property, long-term obligations or guarantees.

If a claim is not issued in court within the relevant limitation period, the other party can raise this as a defence, and your claim may be barred, even if it would otherwise have succeeded. For this reason, it is important to seek legal advice as soon as you become aware that a breach may have occurred, or as soon as the impact of the breach becomes clear.