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the factors driving the trend is that many older contracts include provision for inflation-linked rises based on the outdated retail prices index rather than the consumer prices index, which is more commonly used nowadays.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

St Annes improvements move forward with major investment and phased delivery The site in St Annes which is set for transformation

St Annes improvements move forward with major investment and phased delivery

21 Nov 2025

2

MHA announce interim revenues up 13 per cent Rakesh Shaunak MHA

MHA announce interim revenues up 13 per cent

20 Nov 2025

3

Blackburn College serves up its own scholars brew Bowland Brewery, of the James’s Places hospitality business headquartered in Clitheroe, have created a special IPA ale for Blackburn College's Scholars training restaurant as part of a unique project with the catering and hospitality students

Blackburn College serves up its own scholars brew

20 Nov 2025

4

Totally Wicked Group announce new fulfilment and distribution centre The Blackburn unit sold to Totally Wicked Group

Totally Wicked Group announce new fulfilment and distribution centre

19 Nov 2025

5

Lancaster University to create £2m nuclear facility control room simulator The new simulator will sit alongside the University's Data Immersion Suite, where these Lancaster students are pictured

Lancaster University to create £2m nuclear facility control room simulator

19 Nov 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

Preston Freelancer Meet-Up: November
NovFreelancer version 2 .png.png
LBV Hub Networking
26 Nov 2025 - 26 Nov 2025

Preston Freelancer Meet-Up: November

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget event East Lancashire
LBV Hub Seminars
27 Nov 2025 - 27 Nov 2025

The PM+M Autumn Budget seminar - East Lancashire

Crow Wood Hotel, Burnley, BB12 0RT

08:00 - 10:30

Lancashire Construction Connections
LLC Logo Main.jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Nov 2025

Lancashire Construction Connections

Blues Bar, Ewood Park, Blackburn, BB2 4JF

14:00 - 16:00

Lancashire Business Day 2025
241122lbvlancashiredaylhp0647web
Networking
27 Nov 2025

Lancashire Business Day 2025

Burnley FC , Burnley, BB10 4BX

12:00 - 17:00

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

Blackburn Budget Breakfast Seminar
1.jpg.jpg
LBV Hub Seminars
28 Nov 2025 - 28 Nov 2025

Blackburn Budget Breakfast Seminar

Premier Suite, Blackburn Rovers, Ewood Park, Blackburn, BB2 4JF

07:30 - 10:30

Navigating making tax digital for Income Tax
mtd event LinkedIn.jpg.jpg
LBV Hub Seminars
03 Dec 2025 - 03 Dec 2025

Navigating making tax digital for Income Tax

Junction 4 Skatepark , Darwen, BB3 0AJ

08:00 - 10:30

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin