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ARTICLE · 16 NOVEMBER 2023

Getting Contract Termination Right

The law surrounding termination of contracts can be a minefield. The decision when, how and on what grounds to terminate a contract is often difficult and complex.

United KingdomCorporate/Commercial Law

The law surrounding termination of contracts can be a minefield. The decision when, how and on what grounds to terminate a contract is often difficult and complex. Entire chapters are devoted in textbooks to the consequences of “getting termination wrong”. Risks will vary according to the facts and terms of each contract but problems can and do arise when parties attempt to terminate a contract without valid justification or when they might lose a right to terminate through delay or continued performance. These issues can lead to very expensive disputes.

Very often our clients come to us for advice about problematic contracts all too late in the day when the dispute has reached a complicated stage. In these cases, we would have liked to provide a guiding hand sooner, because with our expertise, we can assist in “getting termination right”, often maximising a successful claim for damages, or reducing one, depending on which side of the contract our client sits. We were

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