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Anticipatory Breach Solicitors Essex
When it becomes clear that a contract will not be honoured, early legal advice matters. Our breach of contract solicitors in Essex help you respond decisively to anticipatory breaches, protecting your position and advising on remedies before losses escalate.
Is a contract about to be broken?
An anticipatory breach arises when one party makes it clear they will not meet their contractual obligations. This can leave you uncertain about next steps and exposed to financial risk. Our Dispute Resolution Team advises clients across Essex on how to respond, whether to accept the breach, seek damages or preserve the contract while protecting their position.
Refusal to Perform
A supplier has stated they will not deliver goods or services as agreed.
Inability to Perform
A business partner has indicated they cannot meet future contractual obligations.
Unlawful Termination
You have received notice that a contract will be terminated unlawfully.
Signs of Non-Performance
Delays or conduct suggest a party no longer intends to perform the contract.
Early Intervention
You want to act early to limit loss rather than wait for full breach.
Speak to our team
Anticipatory Breach Services
We advise on all aspects of anticipatory breach of contract, helping clients understand their rights, options and remedies before the breach formally occurs.
Assessing anticipatory breach
Reviewing conduct or statements to confirm whether anticipatory breach has occurred.
Termination advice
Guidance on when and how a contract may be lawfully ended.
Damages claims
Advice on damages for anticipatory breach of contract and how losses are calculated.
Preserving contracts
Supporting clients who wish to keep agreements alive while protecting their position.
Negotiation and settlement
Resolving disputes early through commercial discussion or formal settlement.
Court proceedings
Representation where anticipatory breach disputes escalate to litigation.
Holly Minney
Head of Dispute Resolution
Schedule a call to discuss anticipatory breach options
Make an enquiry
Why choose Mullis & Peake
Anticipatory breach situations require careful judgment and prompt action. Our Dispute Resolution Team combines technical contract law expertise with a practical understanding of risk, helping you decide whether to terminate, negotiate or seek remedies while maintaining control of the situation.
Early strategic advice
Clear guidance before losses increase or positions harden.
Risk focused approach
Advice tailored to commercial and personal consequences.
Strong dispute capability
Confident representation if matters progress to litigation.
Essex based experience
Local solicitors with a strong track record in contract disputes.
Frequently asked questions
An anticipatory breach occurs when one party clearly indicates, through words or actions, that they will not perform their contractual obligations when they fall due. This may involve an outright refusal to perform or conduct that makes performance impossible. An anticipatory breach allows the other party to act before the actual breach occurs. Legal advice is important at this stage, as the way you respond can affect your rights and remedies. We can assess whether an anticipatory breach has occurred and advise on appropriate next steps.
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No. In many cases, you do not need to wait for the breach to occur if an anticipatory breach has been clearly established. Once there is a clear indication that the other party will not perform, you may be entitled to take action immediately. However, acting too early or without sufficient evidence can carry risk, which is why legal advice is important before taking any steps.
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You may be able to claim damages once you have accepted the anticipatory breach and brought the contract to an end. This typically requires a clear decision to treat the contract as terminated. The availability and level of damages will depend on the terms of the contract and the losses suffered. Care must be taken, as terminating incorrectly can itself amount to a breach.
The remedies available following an anticipatory breach depend on the nature of the contract and the circumstances of the breach. Options may include claiming damages, terminating the contract, or in some cases seeking to enforce performance. Choosing the right remedy requires careful consideration of legal and commercial factors, including the risk of further loss.
You may choose to affirm the contract and insist on performance, even where an anticipatory breach has occurred. However, this approach carries legal and commercial risks, particularly if the other party ultimately fails to perform. Affirming the contract may limit your ability to terminate later, so early advice is recommended.
Anticipatory breach can be difficult to prove, as it requires clear evidence that the other party does not intend to perform the contract. Ambiguous statements or temporary delays may not be sufficient. Documentary evidence, correspondence and conduct are often key factors in establishing whether an anticipatory breach has occurred.
Get in touch with our Anticipatory Breach team
If you believe a contract is about to be breached, early advice can protect your position. Our Dispute Resolution Team will assess the situation carefully and help you take confident, proportionate action.
Specialist breach of contract solicitors
– Dedicated solicitors with deep experience.
Fast, confidential advice
– Clear guidance when you need it most.
No-obligation consultation
– Understand your options before you decide.
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