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In Place of Strife

The Mediation Chambers

Civil and Commercial - Commercial contract

Background
The case was a claim for payment of unpaid invoices, the amounts of which had been offset by the defendant to cover their expenses in putting right the damages caused by the alleged failure of one product. In addition to these damages, the defendant also counter claimed for lost profits from a lucrative forward contract because of this product’s failure.
 
Both sides had engaged experts who did not agree on the cause. Trading relations between the two companies had stopped because of this dispute; this is after a long and profitable relationship. Insurers had become involved and this meant more stakeholders.
 
The claimants had lost a significant client and wanted to continue to trade with them – but needed their bills paying.
 
The defendants had lost a highly professional supplier, the leader in the market place, and needed to reopen their account – but not until the claimant rectified the damage caused by the failure of one of their products.
 
Outcome
The parties agreed terms to address the claim and counterclaim and in particular the agreement was underpinned by an agreement to restart trading. This agreement was something that could never have been achieved by going to Court. 

Mediator: Mark Linnell