Key takeaway
Yes. A binding contract can be formed through WhatsApp messages where the parties have objectively agreed the essential terms and intend to create legal relations. In Jaevee Homes Ltd v Fincham [2025] EWHC 942 (TCC), the Court found that the parties had already concluded a contract through emails and WhatsApp messages before formal subcontract documents were sent. The later standard terms did not become part of that agreement merely because they were subsequently provided.
At Barnes Law, we regularly hear a version of the same story from clients. They tell us, with total confidence, that they never actually signed a contract. The deal was done over WhatsApp, the works started, everyone knew what was expected, but the formal paperwork never quite got finished or signed off. They worry that there is no binding contract in place to protect them.