Thu 02 Apr 2020

Dispute Resolution Post

The outbreak of coronavirus has had a number of unwelcome effects on business relationships and on all of our lives. Now, more than ever, it is important for us to work together to ensure that these relationships survive and prosper. It is important to be pro-active. Our dispute resolution team is here to help. We can identify and manage risk for you before it becomes unmanageable and before it becomes a problem. Early advice is key and our trusted advisers are on hand to talk you through things as soon as difficulties emerge.

Where contractual relationships have broken down as a result of the pressures we are all now facing, it is crucial to ensure strict compliance with the contract in order to safeguard your rights. What are the termination provisions? Can you suspend performance for a period of time? Are there any express provisions dealing with this kind of situation? Has the contract been robbed of its purpose by the coronavirus? Does the law give you any additional rights which aren't found in the contract itself? All of these questions need careful consideration and following the right procedure can make all the difference if the dispute ends up in court. Our contract litigation experts are here to help, either to end the dispute quickly or win it for you.

Following the right contractual process is all the more important where real estate or construction contracts are concerned. So much litigation in Scotland is caused by landlords dealing with dilapidations provisions wrongly or tenants failing to serve notices to quit in the right way. Construction contracts are lengthy and complicated and decisions as to whether to continue with work, suspend performance or end work entirely require careful and detailed consideration. Our real estate and construction litigation experts can guide you through the detail and give you the clarity you need.

The breakdown of commercial relationships does, of course, affect anyone directly involved whether directors, shareholders or partners. Remaining objective in these circumstances can be difficult, no matter how experienced you are. Where do your own interests lie? How should you act when you feel they conflict with the interests of the business? Where does the line lie between looking after yourself and looking after the business? Stakeholders in business will be asking themselves these kind of decisions and our experienced team can provide guidance. With vast experience dealing with wrongful trading claims, director's disqualification proceedings and insolvency, we can put your mind at rest and give you assurance that the course of action you are taking is the right one.

This crisis isn't just about business. It's deeply personal as well and people all over the UK will be affected in different ways. Everyone has questions about where they stand at the moment whether it is about paying for nursery care if your child can't go, exercising a power of attorney for an elderly person when they can't leave your home or trying to finalise immigration status at a time when both this country and your home country may be locked down. Our private client litigation team is one of only two top ranked teams in the legal directories.

With confident and clear advice our litigation team can protect your interests. As one of the largest in Scotland with over 80 lawyers and with expertise in all areas of service, our litigation team is ideally placed to work with you to get through this crisis.

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