Breach of Contract

Breach of Contract? Follow These 5 Steps to Win Your Claim (2025 Guide)

Facing a breach of contract? Don’t panic—take action now! A broken contract can cost you time, money, and business relationships. But with the right approach, you can enforce your rights and recover losses.

In this guide, you’ll learn:
How to prove a breach of contract (key evidence you need)
Step-by-step legal actions to resolve the dispute
When to hire civil law solicitors for maximum impact
Real-world & practical legal remedies (compensation, injunctions & more)

Quick Answer: If a contract has been breached, follow these steps immediately:

Review the contract terms – Identify the exact breach.

Gather evidence – Emails, invoices, witness statements.

Send a Letter Before Action (LBA) – Formal demand for resolution.

Negotiate or mediate – Avoid court if possible.

File a claim in court – Last resort for compensation.

Need urgent legal help? Contact Aman Solicitors for expert contract dispute resolution.

What Is a Breach of Contract? (UK Law Explained)

A breach of contract occurs when one party fails to meet agreed terms—whether by missing deadlines, not paying, or delivering substandard work. Under UK contract law, breaches can fall into three categories:

1. Material Breach (Serious Violation)

Example: A builder abandons a construction project after taking payment.

Impact: The injured party can terminate the contract and sue for damages.

2. Minor Breach (Partial Failure)

Example: A supplier delivers goods one day late, causing no major loss.

Impact: The injured party can claim compensation but might not be able to cancel the contract.

3. Anticipatory Breach (Warning Signs of Future Failure)

Example: A freelancer informs you they won’t complete work before the agreed upon deadline.

Impact: You can terminate the contract early and sue for losses.

Step 1: Review the Contract & Identify the Breach

Before taking legal action, examine the contract carefully:
Specific terms breached (payment dates, quality standards, deadlines).
Dispute resolution clause (does it require mediation first?).
Termination rights (can you cancel the contract immediately?).

Example: If a client hasn’t paid an invoice, check:

Was the payment due date clearly stated?

Were there any conditions (e.g., approval before payment)?

Step 2: Gather Strong Evidence

To win a breach of contract claim, you need solid proof, such as:

📄 Contract copy (signed by both parties).
📧 Emails/texts showing failed performance (e.g., “We can’t deliver on time”).
💰 Invoices & payment records (proof of unpaid amounts).
📸 Photos/videos (if goods/services were defective).
👥 Witness statements (colleagues, clients, or experts).

💡 Tip: “Courts favour documented evidence—keep a paper trail of all communications related to the breach.”

Step 3: Send a Letter Before Action (LBA)

Before going to court, you must send a Letter Before Action (LBA). This formal notice:

Describes the breach in detail.

Demands compensation or performance (e.g., payment or completion of work).

Sets a deadline (usually 14–30 days, which will depend on the type of case).

📌 Example LBA Demand:

“Pursuant to the contract dated [date], you failed to [specific breach]. We demand payment of £[amount] within 14 days, or we will pursue legal action.”

🚀 Need a Solicitor? A civil law solicitor can draft a legally robust LBA to strengthen your case.

Step 4: Negotiate or Try Mediation

Going to court is expensive—settle out of court if possible!

Option 1: Direct Negotiation

Example: Agree on a payment plan or partial refund.

Option 2: Mediation (Cheaper & Faster)

A neutral mediator helps both parties reach a fair settlement.

Cost: £500–£2,000 (vs. £10,000+ in court).

💡 Did You Know? Courts favour mediation—you may face penalties if you refuse it.

Step 5: File a Court Claim (Last Resort)

If negotiations fail, you can sue for breach of contract in:

County Court (claims under £100,000).

High Court (complex or high-value claims).

What Can You Claim?

Compensatory Damages (money for losses).
Specific Performance (court order to fulfil the contract).
Injunction (stop the other party from breaching further).

⏳ Time Limit: You must file within 6 years (or 12 years for deeds).

Why Hire Civil Law Solicitors in Birmingham?

A breach of contract claim can get legally complex. Aman Solicitors can assist by:
Contract Review – Pinpointing breaches & legal strengths.
Strong Negotiation – Settling disputes without court.
Litigation Support – Fighting for maximum compensation.

📞 Need Help? Get a Free Consultation Today.

Final Thoughts: Act Fast & Protect Your Rights

A breach of contract can damage cash flow, business relationships, and reputation. By following these steps—evidence gathering, LBA, negotiation, and legal action—you can enforce your rights effectively.

🚀 Key Takeaway: “The sooner you act, the stronger your case. If in doubt, consult civil law solicitors in Birmingham for expert guidance.”

🔗 Need Legal Assistance? Contact Aman Solicitors Now for a free case review.