We are often appointed to handle disputes which hinge on the same fundamental question: did a contract exist?
In a typical scenario, a contract is under discussion between two companies who want to do business – but commercial imperatives mean they actually start trading before the draft is finalised and signed.
Later on, when there’s a bust up, the parties involved are forced to scramble around, looking at the legal basis of their relationship. That’s when it gets messy.
Clearly, you are much better having the protection of a contract, but it’s amazing how often people proceed without a proper legal agreement that sets out their business relationship.
I don’t expect this situation to change any time soon. The tension between commercial demands and legal security is as old as the hills. When it goes wrong, we are here to pick up the pieces.