Corporate Disputes Over Goods or Services

Corporate disputes over goods or services can arise when transactions do not run smoothly. If your company is involved in such a dispute, JMW Solicitors will guide you through the resulting legal issues.

Commercial disputes regarding goods and services are frequently complex to resolve, as all parties are eager to safeguard their own interests. The commercial litigation team at JMW has an in-depth understanding of these challenging cases, meaning that we can deliver the best possible outcome for you while minimising the negative impact on your business.

Speak to our contract disputes experts today to find out more about JMW’s services in this area. Call us on 0345 872 6666, or complete our online enquiry form to request a call back at your convenience.

How JMW Can Help

Our solicitors provide advice and representation for businesses facing goods and services disputes of all kinds. We understand the disruption these issues can cause and will work with you to resolve matters quickly and with minimal disruption, with the aim of protecting your commercial interests and reputation.

Depending on the circumstances, our assistance may involve interpreting the relevant legislation, reviewing the parties’ contractual obligations, and providing informed advice and a practical perspective on the applicable laws and established business customs.

We will guide you from initial consultation to resolution, using the most effective method available - whether through negotiation, alternative dispute resolution or court proceedings. If your business is involved in a goods and services dispute, you should seek legal advice from JMW at the earliest opportunity.

Meet Our Team

JMW’s team provides expert guidance and support for businesses involved in goods and services disputes, helping you resolve conflicts efficiently and protect your commercial interests.

Understanding Your Rights in Commercial Disputes

In business-to-business (B2B) transactions, your legal rights differ significantly from those of consumers. While your primary rights stem from the contract you have agreed, several legal frameworks also govern how commercial disputes are assessed and resolved. These include:

• Contract law: the agreed terms and conditions form the foundation of any claim, covering payment schedules, delivery obligations, quality standards and liability.
• Sale of Goods Act 1979: for contracts involving goods, this Act implies terms that goods must be of satisfactory quality and fit for purpose. In B2B contracts, these terms are often limited or excluded.
• Supply of Goods and Services Act 1982: this Act implies that services will be delivered with reasonable care and skill. Again, B2B contracts often vary or restrict these terms by express agreement.
• Unfair Contract Terms Act 1977 (UCTA): UCTA governs the enforceability of exclusion and limitation clauses. It provides a framework for assessing whether such clauses are reasonable and legally valid in a business context.
• Misrepresentation Act 1967: this applies where a contract was entered into because of a false statement, allowing for remedies such as damages or rescission of the contract, depending on whether the misrepresentation was fraudulent, negligent or innocent.

These frameworks often interact in ways that require detailed legal analysis, especially where contracts seek to exclude statutory protections. A commercial litigation solicitor can review your position, assess the strength of your claim or defence, and guide you through the most effective course of action.

Different Types of Goods and Services Disputes

Disputes between businesses often present legal challenges that require timely intervention to prevent them escalating into court proceedings. Our expert legal team can provide practical advice and resolve disputes in a way that protects your commercial position and works towards a fair resolution.

• Late payment for goods or services. When a company fails to meet agreed payment deadlines, it can place a strain on cash flow and disrupt finance agreements. In some cases, payment disputes also involve debit or credit card transactions, which may give rise to separate claims against providers.
• Refusal to pay for goods or services. A complete refusal to pay is often linked to allegations of defective products or unsatisfactory services provided. This kind of consumer dispute in a commercial setting often requires legal services to enforce payment or defend against unjust claims.
• Poor-quality workmanship. If work is not completed to the agreed standard, it can cause disruption, additional costs and reputational harm. Legal action may be required to secure compensation or to hold a supplier to their contractual obligations.
• Substandard service. Services that fail to meet agreed expectations can damage long-term relationships with clients or suppliers. Our professional team can advise on remedies available to businesses, particularly in regulated sectors where service levels are critical.
• Defective goods. Faulty or unsafe goods present risks not only to business operations but also to wider regulatory compliance. Identifying liability and pursuing a fair resolution often requires careful legal analysis of contracts, warranties and statutory rights.
• Deliveries delayed or incomplete due to damaged packaging or missing information. Disruptions to the supply chain can affect your ability to meet client obligations. Where delivery failures persist, legal services may be needed to compel performance or recover losses.

Whatever form your dispute takes, our expert legal team is here to help. We provide clear, practical advice and support you through every stage, from initial discussions to mediation or legal action if required.

How a Solicitor Can Help Resolve a Goods or Services Dispute

At JMW, we will first review your contracts, supporting documents and correspondence to assess your position. We will then advise on the most appropriate route to resolution, with options including:

Alternative dispute resolution (ADR)

ADR methods are often quicker, more cost-effective, and less disruptive to commercial relationships than court proceedings. These include:

• Negotiation: informal discussions aimed at reaching a settlement.
• Mediation: involving an independent mediator to help both parties agree terms.

ADR schemes are widely encouraged by the courts, and failure to attempt ADR can affect the outcome of a later claim. Resolving a claim without resorting to the courts is also much more cost effective, and allows you to keep the details of the dispute away from the public domain.

Court claims

If ADR does not resolve the issue, we can prepare and issue court proceedings. This involves:

• Drafting and filing the claim.
• Managing disclosure of evidence.
• Representing you throughout hearings and trial if necessary.

Court claims provide a legally binding resolution, but they can be lengthy and costly, which is why ADR is usually considered first.

Q

When do corporate disputes over goods or services occur?

A

Disputes regarding goods and services often arise when the terms of a commercial contract are not adhered to. This might involve one party failing to supply the agreed goods or services in accordance with the terms of a contract or not being perceived to have done so by the other party.

Commercial organisations are free to draw up contracts with one another on any mutually agreed terms. However, problems often arise when these terms are either not recorded or only partially recorded in writing.

Likewise, unforeseen issues may arise due to a lack of detail in the contract, resulting in one party being accused of failing to keep its part of the deal due to ambiguities in the wording. When situations like this occur, it is important to seek expert legal assistance at the earliest opportunity to resolve the issue efficiently.

Q

When should I seek legal advice for a dispute regarding goods and services?

A

It’s sensible to speak to a solicitor as soon as problems start to appear, whether that’s a missed payment, a defective delivery or a service that hasn’t been carried out properly. Getting advice early can stop the situation from escalating, protect your contractual position, and make it more likely the dispute can be resolved through negotiation or mediation rather than going to court.

Q

What is the timeframe for resolving a goods and services dispute?

A

Timeframes vary depending on the complexity of the case and the method of resolution. Negotiation or mediation can conclude within weeks, while court proceedings may take several months or longer. Seeking advice quickly can reduce delays and strengthen your case.

Q

Can I use alternative dispute resolution instead of going to court?

A

ADR methods such as negotiation or mediation are often the first step in resolving goods and services disputes. They are usually faster, less expensive, and less disruptive to business relationships than litigation. Courts actively encourage ADR, and in many cases, parties are expected to attempt it before pursuing a formal claim.

Q

What happens if the other company refuses to engage in ADR?

A

If the other party declines ADR, you may still proceed with court proceedings. However, courts can take a refusal to consider ADR into account when awarding costs, meaning the uncooperative party could face penalties even if they succeed at trial.

Q

Can I recover costs if I win a goods and services court claim?

A

Successful claimants can usually recover legal costs and expenses from the losing party. The court will assess whether the costs claimed are reasonable and proportionate, so full recovery is not guaranteed. This is another reason why businesses often seek early resolution outside of court.

Q

Do business-to-business disputes fall under consumer protection law?

A

Consumer protection law is aimed mainly at individual consumers rather than companies. However, businesses are not without protection. Statutes such as the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 apply to business contracts by implying terms about quality, fitness for purpose and reasonable care, although these can often be limited or excluded in B2B agreements. In addition, certain regulations, such as those prohibiting misleading or aggressive trading practices, may affect how businesses deal with one another.

Q

What is the difference between a consumer complaint and a business goods and services dispute?

A

A consumer complaint typically involves an individual raising issues about faulty goods, poor service or unfair treatment. A business goods and services dispute, on the other hand, arises between two companies where contractual obligations have not been met, or payment and performance are contested. The remedies and legal frameworks differ, with business disputes more likely to involve contractual law and litigation.

Q

Can I bring a claim against a card provider for failed goods or services?

A

Section 75 of the Consumer Credit Act 1974 gives consumers the right to claim against a credit card provider where goods or services are defective, not supplied or misrepresented, provided the purchase was between £100 and £30,000. This protection is generally designed for individuals acting in a personal capacity, but sole traders or small partnerships may benefit in limited circumstances, such as if the credit agreement is regulated. For most businesses, Section 75 will not apply, but card providers may still offer remedies through chargeback schemes, and legal action can be taken directly against the supplier.