Legal disputes are an unwelcome interruption to the running of
most businesses. However, whether the intention is to enforce the
terms of a contract or seek damages for an earlier breach, they are
sometimes necessary. In approaching them, our intention is in every
case to offer our clients the earliest possible assessment of the
likely outcome to enable them to make an informed decision about
which disputes to pursue, which to defend, and which to simply
settle as soon as possible.
We apply "judgement in addition to the law and
expertise." Legal 500 (2011)
The range of potential commercial disputes is vast.
However, we have particular expertise in shareholders disputes and
in actions brought to protect intellectual property. Regardless of
the type of dispute, we aim to bring a pragmatic expertise to bear
on the problem, seeking the solution which is best for the
particular client.
In doing so, we have dealt with cases through traditional
litigation, adjudication, arbitration (both domestic and
international) and, more recently, mediation. Where a case needs to
be fought our Advocacy Unit offers clients representation in all
courts in Scotland and the UK Supreme Court, providing a seamless
service and saving clients considerable legal fees.
Demonstration of success.
Petition of RM Supplies (2010). Our clients
were the minority shareholders of a multi-million pound scrap metal
business but were being excluded from the business by the remaining
shareholders. A court action was raised to redress the
balance and following upon Proof the Court determined that the most
appropriate solution was for the remaining shareholders to sell
their shares to our clients at a fair price.
To the best of our knowledge this is the first British case in
which a minority shareholder complaining of unfair prejudice has
been given the opportunity by the court to purchase the
shareholdings of the majority members and thereby acquire control
of the company.
Muir Dorrans v the Shand Partnership & Others
(2003). We acted on behalf of an architect seeking damages
from developers who acquired a site and then started making use,
without permission, of plans previously prepared by him for a
residential development in Crail. The court upheld our client's
entitlement to receive payment of a licence fee for the use of his
design.