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Sale & Carriage of Goods

We have an established team of barristers who deal with all aspects of sale and carriage of goods and provision of services contracts, including such litigation with an international element.

Recognising that such matters are likely to arise at all financial levels, we have barristers at all levels of seniority, who specialise in this area.

Our clients range from individual members of the public with consumer contract disputes, to national and international corporates, dealing with bi-partite and multi-party transactions.

This work includes claims involving issues of:

  • contract interpretation
  • title and transfer
  • buyers’ and sellers’ rights and obligations
  • fitness for purpose and defective goods and services
  • exemption clauses
  • consumer protection
  • associated guarantee and secondary obligations
  • carrier's lien
  • application of the CMR (Uniform Rules for the International Carriage of Goods by Road)

We also have experience in all aspects of overseas sales agreements, including CIF and FOB contracts, documentary credits and commercial agency claims.

We provide expertise and commercial experience at all stages of such litigation, from preliminary pre-issue advice through to mediation (which we find is increasingly appropriate in substantial commercial contract disputes) to representation at trial and on appeal.

Where appropriate we accept instruction under conditional fee agreements, and we are happy to provide an initial view on prospective merits of a claim where our instructing solicitors are themselves considering whether or not to act on a CFA basis in a substantial sale of goods (or similar) claim, which by its nature is likely to involve substantial costs and time resources.

We also act regularly in such claims under legal expense insurance and private/insurer funding.

 


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