Every business enters into contracts. At the time that the contracts are signed, nobody expects things to go wrong, but invariably they do. Default is more common, so is scrutiny of the underlying terms. We are a talented group of partners with significant commercial litigation and ancillary commercial contracts experience, offering expertise in both English and Scottish law.
We advise on a range of commercial legal issues on behalf of insurers, multinational corporations, SMEs, professional regulatory bodies, public sector organisations and private clients.
Commercial dispute resolution
Litigation and dispute resolution are core activities for our lawyers. This includes dealing with contractual disputes and resolving these through all available avenues of dispute resolution. The matters we are instructed to deal with include property litigation, breach of contract (including cases under the Supply of Goods (Implied Terms) Act 1973 and the Sale of Goods Act 1979), breach of warranty, disputes under the Commercial Agency Regulations, debt recovery including recovery of unpaid invoices, fraud, breach of trust, breach of fiduciary duty and injunctive relief (or interdict in Scottish proceedings).
We can also conduct complex commercial litigation disputes at very competitive rates. Depending on the merits of a case, we can offer Conditional Fee Arrangements, After The Event Insurance and third party Litigation Funding (or a combination of all three).
Commercial fraud is unfortunately a reality for many organisations. It can affect you regardless of the sector in which you work, and can range from fraud by employees in a position of trust or the theft of company data to a systematic attack by professional criminals.
We specialise in recovering your losses using the most powerful tools in the court’s arsenal to fight back, frequently freezing the fraudster’s assets and tracing the proceeds with disclosure orders obtained over key bank accounts.
We have acted on multimillion pound cases for major insurers on both straight forward and complex matters, including international claims, and represent many of the leading insurers and their policyholders as well as companies and private individuals.
Our commercial lawyers are instructed to advise on multi-jurisdictional contracts for supply of goods and services, agency and distribution strategies, standard terms of employment and contract variations, warranties, e-commerce, joint ventures and strategic relationships, product liability and consumer law, trade control and after-sales support. Our services include a contract review service to help you identify risks and strengthen your contractual position.
We are experienced in providing advice and representation in proceedings brought under the Public Contracts (Scotland) Regulations 2006 and recently acted for the pursuers in Duncan Mackay & Sons Limited v Comhairle Nan Eilean Siar 2012 WL 2500784 where a successful challenge was taken to the award of a winter gritting contract.
Company director disqualification
If you are a director of a company which has become insolvent you may be facing disqualification as a director. We assist you in putting your case forward during disqualification proceedings. The fact that a company has gone into liquidation is not in itself evidence of misconduct, incompetence or negligence on behalf of the directors. If you have already been disqualified, it is possible to apply to the court for permission to act as a director. Being disqualified from acting as a director can have serious consequences for any individual. Taking control of the situation is vital. Specialist legal advice can dramatically reduce the chances of a disqualification order being made. Our commercial lawyers are experienced in advising individuals on director disqualification issues.
Partnership agreements and disputes
We help you through the whole process - from establishing the expectations of each partner, to the drafting of the partnership agreement itself. In the event of clients wishing to dissolve a partnership, we are able to offer advice and assist in the drafting of dissolution agreements and in the mediation of disputes. Our lawyers are well versed in The Limited Liability Act 2000, which allows for the creation of a Limited Liability Partnership. In the unhappy event that a dispute between partners cannot be resolved by negotiation or mediation we have considerable experience of acting in proceedings relative to the appointment of judicial factors with a view to having the partnership wound up.
Whether you are an Insolvency Practitioner, an individual facing personal insolvency or a creditor landlord faced with a tenant on the verge of administration, we are well placed to advise you on all aspects of insolvency, bankruptcy, administration and liquidation. We will assist you in dealing with all legal issues relating to civil fraud, bankruptcy, individual voluntary arrangements, administrations, administrative receiverships, LPA receiverships, Liquidations and company voluntary arrangements.