Finding a way forward
Disputes are part of life but resolving them doesn’t always have to mean going to court.
Our collection on disputes and litigation explores the many paths to a fair resolution, such as arbitration and mediation, designed to settle both local and international disagreements efficiently, privately, and with your best interests in mind.
Resource collection
Actions of accounting - count, reckoning and payment
Situations can arise when someone has control of money that is due to you, but their dealings make it impossible for you to work out what they are up to.
Alternative dispute resolution (ADR)
Litigation is not the only way to tackle a dispute. There are many creative alternatives, from mediation to expert determination.
Alternative dispute resolution (ADR) for personal matters
We can use methods from mediation to collaborative law to arbitration to resolve your dispute without the need to go to court.
Arbitration
Arbitration is an effective method of resolving both domestic and international disputes where determination is made in a private tribunal instead of by the courts.
Arbitration - how does it work in Scotland?
Arbitration is a longstanding method of dispute resolution whereby parties can agree to have their disputes determined in a private tribunal instead of by the courts.
Arrestments
An arrestment can be used to recover monies owed in terms of a court judgement. Arrestment is form of diligence which can be utilised in order to recover monies owed in terms of a court judgment (known as a decree or decision form in Simple Procedure actions).
Attachments
An attachment is a means of removing certain goods belonging to the debtor to sell at auction. An attachment is a form of diligence which can be used to recover monies owed in terms of a court judgment (known as a decree in most court actions, or decision form in Simple Procedure actions).
Child abuse and historic claims
Our specialist Child Abuse and Historic Claims solicitors have extensive experience in assisting charities, churches, public sector bodies and other organisations.
Commercial court procedures in Scotland
Court actions are often perceived to be an inherently slow, cumbersome and costly means of resolving disputes.
Company and partnership disputes
We work with a range of commercial entities providing bespoke legal advice and practical solutions to resolve commercial and intercompany or partnership disputes.
Court appointment of insolvency practitioners
We can provide advice regarding the appointment of insolvency practitioners in liquidations, administrations and related orders.
Dilapidations claims
We provide advice to both landlords and tenants regarding the repair and maintenance clauses contained in commercial leases, commonly referred to as dilapidations.
Director responsibilities in an insolvent company
If your company is in difficulty we can advise what duties and liabilities lie with the directors.
Discrimination and equality law
Discrimination and equality law impacts on most walks of life. This is a subject we can advise you on.
Early neutral evaluation
The purpose of neutral evaluation is to test the strength of the legal points in a case. Our team can advise on making it work for your business.
Ending a lease and notices to quit
We provide advice to both landlords and tenants on how to avoid the complexities of terminating commercial leases in Scotland.
Expenses in Scottish court proceedings
It is an unavoidable consequence of raising (or defending) court proceedings that costs will be incurred by all parties engaged.
Expert determination
When a commercial dispute is about a technical matter, an expert can be engaged to investigate. Expert determination can be useful to investigate the background to a dispute if it involves a technical issue, and also when a quick decision is required.
FAQs: Recovering business debt
Recovering debt is an essential part of running any successful business. Here are answers to some common questions which shouldn’t prevent you from taking action.
How and why to use caveats in Scotland
All businesses with interests in Scotland should consider lodging caveats as protection in the event of an interdict (injunction) action or insolvency proceedings being raised against them.
Inhibitions
An inhibition is a form of diligence which can be used to recover monies owed in terms of a court judgment.
Ordinary actions in the Sheriff Court
An overview of the procedures for raising a case in Scotland’s Sheriff Court, including recent reforms expanding its jurisdiction to certain types of cases.
Post insolvency litigation and procedures
We are regularly consulted by insolvency practitioners to assist with post-appointment litigation and procedure.
Prescriptions and limitation
A Pursuer’s Offer aims to bring about earlier settlement in a litigated case. Timings, tactics and procedures are important, and our team can guide you through your options.
Professional negligence
Professional negligence in Scotland is defined by the high bar of "no ordinarily competent professional"; early advice is key to damage limitation.
Property, access, repair and boundary disputes
We can advise on issues that arise between buyers and sellers of properties, and on disputes between owners of neighbouring properties to help reach a resolution.
Public inquiries - FAQs
Public inquiries are major investigations convened by a government minister to prevent the recurrence of an event or set of events which caused major public concern.
Pursuer’s offers in Scottish courts
When do civil actions become time-barred in Scotland, and when does the clock start ticking? Our team can guide you through the rules.
Registration of foreign judgments in Scotland
Summary Scottish court enforcement of foreign judgments is complex; recent treaties now streamline EU and international awards.
Restructuring and insolvency
Our Restructuring and Insolvency team provide pragmatic advice and resourceful solutions in corporate and personal insolvency situations.
Reversing bankruptcy
Bankruptcy (sequestration) in Scotland is not always final. We can assist you with advice on your position and options for routes out of bankruptcy.
Scottish court procedures
Whether you’re based in Scotland, England or elsewhere, we’ll steer you effectively through the procedures for any Scottish court or tribunal.
Simple procedure in the Scottish courts
Simple Procedure was introduced in Scotland in November 2016 for payment actions. It was intended to deliver quicker, jargon-free court actions with electronic court forms.
The Court of Session
Procedures in Scotland’s supreme civil court, the Court of Session, which hears cases at first instance and at appeals. The Court of Session is Scotland’s oldest court, officially founded in 1532 and based in Parliament House, Edinburgh.
Using Tenders in the Scottish courts
Defenders can lodge a Tender to encourage settlement in a litigated case and keep a lid on their expenses. We can advise you on strategies and procedures.
When are organisations liable for abuse?
In many cases of historical abuse, victims may be able to sue a local authority or the abusers employer.