Commercial litigation and dispute solicitors in Scotland

Business disputes we handle

We act in commercial disputes of all sizes, for businesses ranging from sole traders to large companies. Whether you want a specific remedy or need to defend a claim, our advice is tailored to your commercial aims, not just the legal arguments. We regularly deal with:

• Breach of contract
• Unpaid invoices and debt recovery
• Shareholder and partnership disputes
• Disputes after a business sale
• Supplier and customer disputes
• Commercial property disputes
• Insurance claims
• Professional negligence
• Construction disputes
• Intellectual property disputes
• Restrictive covenant breaches
• Insolvency and creditor action

The earlier we are involved, the more options you usually have. A short review of the contract and the correspondence is often enough to tell you how strong your position is and what a sensible next step looks like.

Resolving disputes without going to court

Court action is not always the best answer. Many disputes can be settled faster and more cheaply by other means, especially when the parties want to keep working together. We advise on:

• NegotiationA clear letter setting out your position, backed by the documents, is often enough to resolve the matter.
• MediationA neutral mediator helps the parties reach their own agreement, in confidence. Any settlement can be recorded in a binding agreement.
• ArbitrationA private, binding decision by an arbitrator under the Arbitration (Scotland) Act 2010, often used where the contract requires it.
• Expert determinationAn independent expert decides a technical issue, such as a valuation or a rent review.
• AdjudicationA fast, interim decision process used in many construction disputes.

Which court will hear your case?

If a dispute cannot be resolved, we will raise or defend proceedings in the appropriate court. Which court that is depends mainly on the value of the claim:

• Simple procedureA streamlined Sheriff Court process for claims of £5,000 or less, designed to be quicker and less formal.
• Ordinary cause in the Sheriff CourtUnder the Courts Reform (Scotland) Act 2014, claims for payment of £100,000 or less, excluding interest and expenses, must be raised in the Sheriff Court.
• Commercial actionsGlasgow and several other Sheriff Courts run a dedicated commercial procedure before sheriffs nominated for business cases, with active case management.
• Court of SessionHigher value and complex cases can be raised in the Court of Session in Edinburgh, where commercial actions are heard by nominated commercial judges.

The commercial courts expect the parties to engage before an action is raised, by setting out the claim, exchanging key documents and considering settlement. Preparing properly at this stage saves time and expense later. Appeals from the Sheriff Court are usually heard by the Sheriff Appeal Court.

Urgent protection while the case is decided

Some disputes cannot wait. In urgent cases we can ask the court for orders at the very start of an action, sometimes within days:

• InterdictA court order to stop someone doing something, such as using your confidential information or breaching a restrictive covenant. Interim interdict can be sought before the full case is heard.
• Arrestment on the dependenceFreezes money owed to the other side, such as funds in their bank account, so it is available if you win.
• Inhibition on the dependencePrevents the other side from selling or securing their heritable property, such as land and buildings, while the case continues.

The court will only grant these orders where it is satisfied they are justified, so we will advise you on the evidence needed and the risks before applying.

If a claim has been raised against you

If you have received court papers, a claim form or a solicitor’s letter before action, contact us straight away. Court deadlines in Scotland are short. If you do not respond in time, the court can grant decree against you without hearing your side of the story, and the other party can then use diligence to enforce it.

We will check the deadline, review the claim and tell you whether to defend it, settle it or make a counterclaim. If decree has already been granted, it may still be possible to have it recalled, but you must act quickly.