Inflation woes spark rise in contract disputes

By Tim Aldred

28 Mar 2023

Stuart Farr Of Taylors Solicitors

Blackburn-based Taylors Solicitors has recorded a rapid increase in the number of commercial contract disputes resulting from rising inflation - and the methods used to calculate it.

The law firm's commercial disputes partner Stuart Farr says that business owners are increasingly 'at loggerheads' with suppliers about longstanding or rolling contracts after reaching a ‘tipping point’ following a dramatic hike to their fees.

Taylors has seen a 25 per cent surge in the number of new commercial contract dispute cases over the last year.

Some involve advising clients on the receiving end of these rises while others involve acting for suppliers to recover lost profits after customers have terminated agreements without notice.

Among the factors driving the trend is that many older contracts include provision for inflation-linked rises based on the outdated retail prices index rather than the consumer prices index, which is more commonly used nowadays.

Stuart said that using RPI – which is typically higher than CPI – is now considered an unreliable reflection of actual inflation and is largely discredited.

He said: “Since around 2011, it has not been used as a national statistic except in limited cases. However, it will not be officially phased out completely until 2030.

“Problems tend to arise in relation to contracts which are ongoing and long-term, or have routine roll-over provisions so they are renewed automatically.

“The intention of these long-term arrangements was to create certainty for the parties and when the inflationary effects were low or stable, as they were for many years, these contracts did not give rise to any major issues.

“Minor adjustments to prices due to inflation were arranged and implemented without much fuss or financial pressure. However, when inflation starts to rise to high levels and beyond the parties’ expectations, as we have been witnessing, the adverse impact caused by contractual obligations to increase payments can cause considerable angst even within an established commercial relationship.

“The effect can render the contract pricing altogether uncommercial and one-sided in favour of the supplier. There comes a tipping point, with businesses being overwhelmed by the pricing of the contract, and we are seeing a significant rise in disputes as a result.”

Stuart added: “A classic example involves a client who has rented electrical equipment over a fixed period of 20 years, with some time still left to run on the contract. The client has been paying increases based on RPI, so has effectively been overpaying for many years.

“As the equipment has aged and become obsolete, the contract price has increased out of all proportion to the value of the goods and the service being provided.

“What started out as a contract value in the region of £20,000 per year has now become an obligation to pay a substantial six-figure sum, entirely due to the effects of RPI-based inflationary increases imposed cumulatively year-on-year.

“This has led to them and others in similar situations trying to get out of the contract altogether, which is often impossible without incurring hefty exit payments or penalties.”

Stuart added: "Clients have said they have gone along with their contracts for years because inflation has been so low, and they have not really noticed an increase of, for example, one per cent. They’ve budgeted for this type of increase and have cracked on.

“But it has come as a nasty shock to them when their bills have gone up by 10 per cent or more. Many are lumbered with outdated equipment which needs upgrading. They want rid of the contract but are often stuck with it.

"The lesson is that the law will not intervene to protect a party from a bad bargain. Companies should now be wary of longer-term contracts which include a formula for automatic inflationary increases, especially those based on RPI.

“They should regularly review contracts to see whether a provision for price adjustment due to economic conditions is necessary, and they should ensure the contract balances that with terms providing protections for the benefit of the paying party.”

Enjoyed this? Read more from Tim Aldred

Latest news

1

Music festival draws thousands to Burnley town centre Burnley Live 2024

Music festival draws thousands to Burnley town centre

10 May 2024

2

Royal recognition for globally-successful manufacturers AMS Neve Team

Royal recognition for globally-successful manufacturers

09 May 2024

3

Preston's £45m Animate leisure complex on tenterhooks Bonnie Craig.jpg.jpg

Preston's £45m Animate leisure complex on tenterhooks

10 May 2024

4

Swim school launches in two new venues ahead of summer rush Puddle Ducks

Swim school launches in two new venues ahead of summer rush

10 May 2024

5

Accrington Stanley thanks Farleys for continued support Partner at Farleys Solicitors Reta Rose and Accrington Stanley Commercial Manager Lynn Donohoe.jpg.jpg

Accrington Stanley thanks Farleys for continued support

10 May 2024

Background image for hub sign up block

LBV Hub

Reach 50,000 members of the Lancashire business community

Post your news
Post your events
Post your offers
Company profile
Social reach
Magazine coverage
Sign-up
Events
Business Networking in Blackburn - BNI Infinity
EVENT LISTING BNI Infinity.png.png
LBV Hub Networking
10 May 2024

Business Networking in Blackburn - BNI Infinity

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:30 - 08:30

Business Networking in Preston - BNI Brunch
EVENT LISTING SIZING Brunch .png.png
LBV Hub Networking
10 May 2024

Business Networking in Preston - BNI Brunch

Samlesbury Hotel, Preston, PR5 0UL

09:30 - 11:00

Business Networking in Chorley - BNI Endeavour
EVENT LISTING SIZING Endeavour.png.png
LBV Hub Networking
14 May 2024

Business Networking in Chorley - BNI Endeavour

Oak Royal, Bury Lane, Chorley, PR6 8SW

06:30 - 08:30

Business Networking in Blackburn - BNI Vista
EVENT LISTING SIZING Vista.png.png
LBV Hub Networking
14 May 2024

Business Networking in Blackburn - BNI Vista

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:45 - 08:30

LBV116 Magazine Launch Event
DSC9389
Networking
15 May 2024

LBV116 Magazine Launch Event

Fence Gate, Fence, BB12 9EE

16:00 - 18:00

Business Networking in Lancaster - Eden Business Network
EVENT LISTING Eden Business Network.png.png
LBV Hub Networking
15 May 2024

Business Networking in Lancaster - Eden Business Network

The Borough, 3 Dalton Square, Lancaster, LA1 1PP

18:30 - 20:30

Business Networking in Accrington - BNI Zeus
EVENT LISTING SIZING Zeus.png.png
LBV Hub Networking
15 May 2024

Business Networking in Accrington - BNI Zeus

The Mill House, Corn Mill Yard, Accrington, BB5 5HX

06:45 - 08:30

Business Networking in Preston - BNI Diamond
EVENT LISTING BNI Diamond.png.png
LBV Hub Networking
15 May 2024

Business Networking in Preston - BNI Diamond

The Marriot Hotel, Garstang Road, Broughton, PR3 5JB

07:15 - 09:00

How to save money, carbon & energy - FREE 30 minutes online event
BU 2024 Events4.jpg.jpg
LBV Hub Webinar
15 May 2024

How to save money, carbon & energy - FREE 30 minutes online event

Online, Blackpool , FY4 1EW

10:00 - 10:30

How to save money, carbon & energy - FREE 30 minutes online event
BU 2024 Events4.jpg.jpg
LBV Hub Webinar
16 May 2024

How to save money, carbon & energy - FREE 30 minutes online event

Online, Blackpool , FY4 1EW

14:00 - 14:30

6 Step Seminar
Chamber Logo1.png.png
LBV Hub Seminars
16 May 2024 - 16 May 2024

6 Step Seminar

Lancaster & Morecambe College, Lancaster, LA1 2TZ

09:00 - 12:00

Business Networking in Burnley - BNI Kudos
EVENT LISTING BNI Kudos.png.png
LBV Hub Networking
16 May 2024 - 16 May 2024

Business Networking in Burnley - BNI Kudos

Prairie Sports Village, Windemere Avenue, Burnley, BB10 2FU

06:45 - 08:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more Lbv115 Online Graphic
Subscribe now

Weekly news bulletin