MacRoberts' Commercial Dispute Resolution Group is one of the most respected and formidable in Scotland. Three lawyers in the Group are qualified Solicitor Advocates, and are entitled to appear in the Court of Session, House of Lords and Privy Council. We also have a dual-qualified (Scotland and England & Wales) solicitor in the team. The Group's high profile, particularly in the Court of Session, ensures that we enjoy an excellent relationship with the court administration and the Faculty of Advocates. A permanent MacRoberts court clerk attends Parliament House each day to ensure constant contact with the court and careful monitoring of the progress of cases and we operate a central computerised court diary system for all cases.
Our Commercial Dispute Resolution Group are quoted in 'Chamber & Partners 2008' as follows:
"MacRoberts' historical strength in construction has given it a head start in alternative dispute resolution. David Arnott specialises in resolving construction and engineering disputes through litigation and ADR. He has abundant experience of litigating cases before the Sheriff Court, Court of Session and House of Lords."
"Unquestionably one of the leaders in the construction market, MacRoberts has a firm foothold in the related practice area of real estate dispute resolution."
While The Legal 500, 2007 edition noted:
"MacRoberts' dedicated commercial litigation practice is led by the first-rate David Arnott and boasts particular strength in property litigation. Neil Kelly is praised as 'enthusiastic and tenacious' with 'a high level of business acumen and court craft', while Shona Frame is considered 'very responsive'."
The size and strength of our Group means that we are well placed to deal with all aspects of Dispute Resolution, we are regularly involved in complex, high-profile matters and we have particular specialism and expertise in the fields of:
- Commercial Contracts
- Professional Negligence
- Construction
- Property Disputes
- Landlord & Tenant
- Court support for schemes of arrangement/capital reductions
- Banking & Tax (including VAT)
- Insolvency
- Corporate Disputes
- Competition Law
- Health & Safety
- Insurance
- Intellectual Property
- Information Technology
- Employment
- Personal Injury
We have been involved in a large number of Scotland's leading cases in these areas and, as such, the Group is firmly established as one of Scotland's leading commercial litigation teams.
ADR
Whilst MacRoberts has an established reputation in Court, Alternative Dispute Resolution remains a growth area and one in which our team has considerable expertise due to its long standing experience in resolving construction disputes. Mediation continues to grow as a forum for dispute resolution. One of our Partners is a CEDR Accredited Mediator and has been appointed to the Glasgow Sheriff Court Mediation Panel. All of our lawyers have received training in mediation. Our experience is that our dispute resolution lawyers are getting involved at a much earlier stage in disputes, and a greater proportion of our time is spent giving advice with a view to negotiating a resolution, rather than litigating.
Solving a Range of Disputes
We examine ways to tailor dispute resolution in the most effective way to fit each dispute, rather than try to compress them into a "one-size-fits-all" form of procedure. Our range of expertise includes:
- Advice & Negotiation
- Mediation
- Litigation
- Corporate Petitions
- Judicial Review
- Bankruptcy & Insolvency proceedings
- Lands Tribunal & Lands Court
- Tribunals & Appeals from Tribunals
- Hearings before Professional Bodies
- Expert Determination
- Debt Recovery