We act for a wide range of clients, including SMEs, large national businesses, public sector organisations, high-net-worth individuals and entrepreneurs. Whatever the nature of the dispute, our focus is on achieving the best possible outcome in the most efficient and cost-effective manner.
Our commercial litigation lawyers are highly experienced advocates and regularly appear in Sheriff Courts and the Court of Session. We have acted in some of Scotland's most high-profile disputes and frequently advise on complex matters that raise novel points of law. At the same time, we recognise that every dispute is important to the client at the centre of it, regardless of size or complexity.
We are also regularly instructed in mediation, expert determination and arbitration proceedings and understand when alternative dispute resolution may offer a more effective solution than court action. By combining strong technical expertise with commercial awareness, we help clients make informed decisions and protect their business interests.
Our expertise includes:
Group Proceedings & Class Actions in Scotland
Group proceedings, often referred to as class actions or group litigation, have become an increasingly important feature of the Scottish legal landscape. These complex cases can involve large numbers of claimants pursuing similar allegations against a business, organisation or public body, creating significant legal, commercial and reputational challenges.
MFMac is one of the few law firms in Scotland with considerable practical experience of acting in Scottish group proceedings. We advise businesses, public sector organisations, insurers and other corporate clients involved in multi-party commercial disputes, helping them navigate the procedural and strategic issues that can arise.
Our team supports clients throughout the lifecycle of a group action, from assessing potential exposure and developing defence strategies through to managing court proceedings, considering options for potential resolution and wider commercial risks. Whether responding to a potential claim at an early stage or defending complex group proceedings, we provide expert, strategic and commercially focused advice every step of the way.
The key contacts for this area are Julie Hamilton, Michael Vaughan, Robin Mackintosh and Camilla Horneman.
Company and Shareholder Disputes
Our commercial litigation team regularly advises shareholders, directors and business owners on disputes concerning company management, shareholder rights and corporate governance. Whether the issue involves an unfair prejudice claim, breach of warranty claims, deferred consideration disputes, a disagreement over share transfers or allegations of breach of directors' duties, we provide practical advice focused on protecting your commercial interests and achieving an effective resolution.
We also support directors and shareholders navigating complex business disagreements that may impact the future of their company.
Contentious Insolvency
We advise insolvency practitioners, creditors, funders, directors and trustees on a broad range of contentious insolvency matters. Our commercial litigation lawyers regularly act in disputes involving unfair preferences, gratuitous alienations, wrongful trading claims, retention of title issues, directors' duties and disqualification proceedings.
We also assist trustees in sequestration with asset recovery and complex disputes arising throughout the insolvency process, helping clients protect their position and achieve the best commercial outcome.
IP and Procurement Disputes
Intellectual property is often one of a business's most valuable assets. We advise clients on disputes involving copyright, trade mark infringement, passing off, licensing arrangements and other intellectual property rights. Our team can help protect your intellectual property and, where necessary, seek urgent court remedies including interdicts.
We also support clients involved in procurement disputes, helping businesses and public sector organisations resolve challenges efficiently while protecting their commercial interests.
Contractual Disputes
Contract disputes can disrupt business operations and create significant financial and commercial risk. Whether the issue relates to contract performance, interpretation, termination or breach, our commercial litigation solicitors provide practical advice tailored to your objectives.
We work with businesses across a wide range of sectors and seek to resolve disputes efficiently through negotiation, mediation, arbitration or, where necessary, court proceedings.
Judicial Review
Decisions made by public bodies can have a significant impact on organisations, developments and commercial projects. Our team advises businesses, developers, public sector organisations and other stakeholders on judicial review proceedings where decisions may be unlawful, unreasonable or procedurally unfair.
We provide strategic advice from the earliest stages of a dispute through to court proceedings where required, helping clients protect their legal and commercial interests.
Professional Negligence
Professional negligence claims can arise where a trusted adviser has failed to meet the standard of care expected of them. Our commercial litigation lawyers advise clients pursuing or defending claims involving architects, engineers, solicitors, surveyors, valuers, financial advisers and other professionals.
As members of the Professional Negligence Lawyers Association, we provide specialised advice on complex and high-value negligence disputes, helping clients understand their options and pursue the most effective course of action.
Whether you are dealing with a shareholder dispute, contractual claim, group proceedings or another complex commercial issue, our commercial litigation team can provide strategic, commercially focused advice tailored to your objectives. We work closely with clients to manage risk, resolve disputes efficiently and achieve the best possible outcome.
To discuss your situation and how we can help, get in touch with our team.