Contract Interpretation

Contract interpretation disputes turn on the proper construction of specific contractual language. What does this clause mean, what is the consequence of that ambiguity, what would a court conclude on this wording. They are some of the most common commercial disputes and some of the most fact-sensitive.

How interpretation disputes are resolved

The advice involves close reading of the contract, consideration of the relevant principles of construction (the natural meaning, the commercial purpose, the surrounding circumstances, the matrix of fact), and an assessment of the likely outcome on the facts.

It is a discrete, high-value piece of work, a few hours of senior reading and analysis can save months of expensive litigation if it produces a clear answer that both parties can accept.

Suitable for situations where two parties read the same clause differently and need a senior view before deciding how to proceed.

Example: a typical scope and fixed fee

For a single contract interpretation issue, the typical scope looks like this.

What's included

• Review of the contract (up to 30 pages) and any relevant correspondence
• A written advice on the proper construction of the disputed provision
• A reasoned analysis of the likely outcome on the facts
• A follow-up call to discuss the advice

What's outside this scope

• Drafting correspondence to the other party
• Negotiation
• Court proceedings
• Tax advice

Fixed fee: £395, no VAT.

How I will approach your matter

Once you have instructed me, I will be in touch within one working day. I will read the contract and the relevant correspondence carefully and produce a clear written advice on what the disputed provision means and how a court would likely construe it.