Whenever people or businesses fall out, they need an adviser to help them navigate the choppy waters ahead.
My expertise is in helping clients steer a clear path to successful resolution of their conflicts.
Early in a case, I will evaluate all of my clients' options, including the legal merits of the dispute, and aim to provide the best possible advice on how to effectively resolve it. My aim is always to be transparent on what the dispute will cost to resolve, and to deliver advice and representation in a clear and straightforward way.
I often use, and am trained in, Alternative Dispute Resolution, including Adjudication, Arbitration, Mediation and straightforward commercial negotiation. I am admitted to the Chartered Institute of Arbitrators. These skills allow me to work with my clients so that they can reach the end of their disputes quickly and efficiently, and hopefully cost-effectively.
However, if there is no alternative to using the courts, then to the courts I go. I am an experienced court practitioner, having practised in all courts in Scotland for almost 20 years.
My legal specialities lie in property, construction, insolvency, commercial contract and debt collection disputes.
I have acted in a long-running construction dispute where we acted successfully for the contractor. The case included an interesting issue about whether certification is a necessary precursor to the right to insist on payment.
In a rent review Arbitration where we acted for the Tenant on appeal to the Court of Session, the court had to properly interpret and apply an odd rent review clause, and consider the principles which apply in Arbitration appeals.
I have been representing my clients in a long-running landlord / tenant Arbitration, and in particular in the successful appeal from the decision of the Arbitrator relating to the expenses of the Arbitration procedure. The Court of Session had to decide what principles an Arbitrator should rely on when awarding expenses to a party.
I also have considerable experience in Commercial Agency disputes, and am currently acting for a client in resisting a claim being made by a former salesman.
I have a real interest in using Alternative Dispute Resolution (ADR) to resolve disputes quickly, fairly and cost-effectively, including the use of Online ADR which allows negotiations to take place remotely using IT platforms.