Digital disputes: Be careful what you say over WhatsApp!

How to handle work-related communications in the digital age

The way we communicate has transformed dramatically over the past decade. What once required formal letters and signed documents can now happen in seconds through WhatsApp, email, or text message.

Whilst this convenience has revolutionised how we do business; it’s also created new legal complexities that many business owners don’t fully appreciate.

A recent High Court case demonstrates just how seriously the Courts take digital communications. When informal messages replace traditional contracts, the legal consequences remain very real.

Understanding these implications isn’t just about avoiding disputes – it’s about protecting your business whilst embracing the efficiency of modern communication.

This article examines the recent case of Javee Homes v. Fincham [2025] EWHC 942 (TCC) and what happens when a casual WhatsApp exchange becomes the foundation of a quarter-million-pound legal dispute.

Overview of of Javee Homes v. Fincham [2025] EWHC 942 (TCC)

The dispute arose between a contractor and a property developer about the terms of a contract for demolition works at a former nightclub in Norwich. The property developer relied on a written “subcontract” which had been emailed to the contractor on 26 May 2023.

The contractor relied on the following WhatsApp exchange of 17 May 2023:

[17/05/2023, 16:34:43] Steve Fincham: Hi Ben How did you get on mate is the job mine mate.
[17/05/2023, 16:38:32] Ben James: Can you start on Monday?
[17/05/2023, 16:55:06] Steve Fincham: I can start with getting the scaffolding sorted and stuff on Monday mate but men will start the following Monday Tom needs to get the scaffolders there on Monday too mate to alter the scaffolding with ladder beams above the door way and make gates into the hoarding to get the equipment in He will know what we are talking about mate Appreciate this work I really do Ben.
[17/05/2023, 17:43:15] Steve Fincham: Ben Are we saying it’s my job mate so I can start getting organised mate.
[17/05/2023, 20:06:42] Ben James: Yes.
[17/05/2023, 20:06:51] Ben James: Monthly applications.
[17/05/2023, 20:11:50] Steve Fincham: Are you saying every 28 or 30 days from invoice that’s a yes not on draw downs then good d) call you at 8.30 mate Thanks mate appreciated Ben.
[17/05/2023, 20:12:12] Ben James: Ok.
[17/05/2023, 20:12:16] Ben James: Chat in the am.
[17/05/2023, 20:17:49] Steve Fincham: Thanks Ben.

The High Court decision

Mr Roger Ter Haar KC, sitting as a Deputy High Court Judge held at paragraph 81 of his Judgment: “In my judgment, the exchange of WhatsApp messages, whilst informal, evidenced and constituted a concluded contract.”

Commentary on Javee

In Javee, the simple question “Are we saying it’s my job mate” and the reply “Yes” sent via WhatsApp, were held to be sufficiently clear to constitute an offer and acceptance, together with the rest of the WhatsApp exchange (set out above), which outlined price, scope and payment terms, a legally binding contract was created.

The fact that it wasn’t set out in a signed document or formal contract didn’t matter. It is also of note that this was a substantial claim worth a quarter of a million pounds so the implications of that WhatsApp exchange were significant in financial terms.

In a world where circa 25 billion texts and 140 billion WhatsApp messages are sent every day, it is important to recognise that the convenience of this form of communication has crept into increasing use for business as well as pleasure.

Javee Homes represents a warning to anyone involved in business that informal email, text and WhatsApp exchanges may feel relaxed but, from a legal perspective, they can have serious repercussions.

On a practical level in Javee, the Property Developer would have been well advised to mark all his pre-contract correspondence “Subject to Contract”. Better still, rather than rushing through negotiations using casual social media, the Property Developer should have taken the time to protect his interests using a carefully crafted professional contract.

How to use digital platforms for work-related communications

The fact that emails, social media and instant message platforms are increasingly being used for work-related communications means that vast amounts of information are stored on those platforms. This means that these platforms can be an important source of evidence in disputes.

The instant nature of messaging and the fact that people are familiar with using it for social communications, means that they often communicate in a much more informal and unguarded way than they usually would when conducting business.

Nevertheless, if a dispute arises then disclosure will extend to all “relevant” documents which can include messages stored on mobile devices such as texts, WhatsApp’s and social media.

Key takeaways of how to use Whatsapp for business needs

This case serves as a timely reminder to individuals and business owners that digital written exchanges can have the same legal effect as those set out in formal letters and agreements.

The lesson isn’t to abandon digital communication – it’s to use it wisely. Simple precautions can protect your business whilst maintaining the efficiency you need. Consider marking preliminary discussions “subject to contract”, establish clear communication protocols for your team and recognise when a conversation has moved beyond casual discussion into commercial commitment.

When significant business decisions are at stake, taking time to formalise agreements properly will always serve you better than rushing through negotiations via instant message. The few extra steps involved in creating clear, comprehensive contracts can save considerable time, money and stress later.

Digital communication will continue to evolve and the law will adapt alongside it. What remains constant is the need for clarity, intention and understanding of the commitments you’re making – regardless of the platform you’re using.

How Morr & Co can help?

If you have any questions or would like any further information on the content of this article, please do not hesitate to contact our Dispute Resolution team on 0333 038 9100 or email info@morrlaw.com and a member of our expert team will get back to you.

Disclaimer
Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position.