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Commercial disputes and the economy

ended 02. February 2023

A national newspaper journalist has asked us to find out if any lawyers are seeing a rise in commercial disputes as the economy deteriorates. For example, disputes in relation to companies being forced to let people go or seeking to break contracts with suppliers or landlords due to financial pressure and distress. If you're seeing any signs of this, let us know and we'll wing them across to the journalist in question tomorrow. We'll also issue your responses widely to the media early next week.

2 responses from the Newspage community

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Financial legal disputes are usually a forerunner of a full recession and we saw a spike in enquiries coming through during the final quarter of last year. We have seen a rise in businesses looking to exit contracts but also firms asking us to assess the merits of claims for damages under contract clauses. The other enquiry area that has seen a large increase is that of pricing increase provisions in contracts. Unless these are drafted correctly, a business can find itself tied in to supply goods at a price that has become commercially unviable. Never has it been more important to ensure commercial contracts are drawn up by professionals. We regularly see contracts that have been downloaded from the internet, many of them from US sites, which are at best a struggle to enforce.
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There’s always a direct correlation between the state of the economy and disputes. When the economy tanks, businesses want invoices paying and there’s more disputes, about service delivery, quality or cost.
I’ve seen an increase in enquires in landlords seeking to repossess residential property, employees being made redundant, advice on contracts regarding termination and of course unpaid debts. But frankly all is not bad, and for those that are struggling there’s also opportunities. I’ve had the highest monthly instructions for new business sales in three years, meaning buyers see an opportunity even if the economy isn’t booming.