Dispute Resolution & Litigation

At Mitchells Roberton our strong dispute resolution and litigation department understand that in today’s challenging and changing times disputes are going to arise and when they do we are right here to help our clients solve their problems. Our experts can offer a high standard of practical advice which is tailored to each client’s personal and business needs.  Of course litigation can be costly and time consuming so our team will often explore alternative methods of dispute resolution to stay out of court whenever possible.

Our experienced litigation solicitors can assist by providing sound pragmatic advice covering a whole range of issues including:

Commercial Disputes

At Mitchells Roberton our approachable and down to earth litigation team can help in all aspects of commercial dispute resolution. We can deal with the undernoted types of disputes:

  • Debt recovery
  • Contractual disputes
  • Dissolution of partnerships
  • Insolvency litigation
  • Shareholder disputes
  • Alternative dispute resolution

We aim to understand your commercial objectives and we will work with you to achieve the result you want in the most appropriate way whether that is in or out of court. We act for a wide range of clients from individuals, non profit making organisations to private and public companies.

Property Litigation

Mitchells Roberton has an experienced team of commercial and residential  property lawyers  and court practitioners  who can give advice on a whole range of property litigation issues.

If you own, manage or lease land, disputes may arise and our team can help to resolve problems affecting individuals and their personal property or business interests.

We can represent you in the following  types of dispute :

  • Contracts relating to property law in Scotland
  • Disputed ownership
  • Rights of access
  • Servitudes
  • Building contracts
  • Planning inquiries and appeals
  • Nuisance or damage to property.

Our Chairman, Donald Reid is an expert in Property Law.  Donald frequently gives evidence in court on the instruction of both Pursuers and Defenders. He is regularly consulted to give formal and informal Opinions in his field of expertise. With Mitchells Roberton you are certainly in safe hands.

Landlord and Tenant Disputes

Our dispute resolution and litigation team have extensive experience in landlord and tenant law and can offer our clients advice in respect of a number of matters pertaining to both commercial and residential leases.

These include for instance:

  • Enforcement and variation of lease provisions
  • Recovery of rented property
  • Rent arrears recovery
  • Commercial lease disputes
  • Removal of unauthorised occupants

The team is made up of skilled litigators with experience in both the Sheriff Courts and Court of Session and with the Private Rented Housing Panel.

Professional Negligence Claims

Professional negligence claims are commonplace today. Complaints about service are often accompanied by a threat of litigation. It is understandable that if you are paying weighty fees to an architect, accountant, solicitor, surveyor or other professional you expect to receive a professional service in return. If the service is inadequate the consequences can be substantial. At Mitchells Roberton we can advise you on how to re-cover the cost of mistakes and the realities of the success of raising or defending such a claim.

For the most part professional negligence claims may arise where:

  • A duty of care exists between the professional and the client.
  • There has been a negligent act, being an act that would be deemed unreasonable by reasonable people.
  • There has been a loss as a result of that negligent act.

We have the necessary experience in conducting professional negligence cases both against and on behalf of all types of professionals. In fact Donald Reid our Chairman is listed in the Law Society of Scotland’s approved Directory of Expert Witnesses relative to professional negligence claims.

Personal Injury Claims

Accidents are unavoidable in this day and age. When you are injured as a result of the negligent actions of another person or organisation, you may have a claim for loss, injury and harm suffered as a result.

At Mitchells Roberton, we have access to specialist solicitors who can assist you with your claim for compensation on a risk free, “no win-no fee” funding basis.

Personal injury law covers a wide range of scenarios, including:

  • road traffic accidents
  • accidents at work
  • slips, trips and falls
  • clinical negligence
  • product liability
  • accidents abroad

By contacting us promptly, you can aid your case by allowing us to ingather relevant evidence and provide sufficient time to investigate matters on your behalf.

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) is a way of resolving disputes thus avoiding a case going to court. Staying out of court wherever possible is what we would always advocate as not only will this reduce costs to the client but it also sidesteps what are often lengthy court proceedings.

ADR schemes are not meant to replace the courts but they can have advantages over going to court. These include :

  • Being more flexible
  • Solving your problem faster
  • Being less stressful
  • Costing you less money

You can also use ADR as well as going to court. Mediation which is a form of facilitated negotiation with the assistance of a specialist mediator can help narrow down the issues that divided people and make it easier for you to reach an agreement or for a Sheriff or Judge to make a decision. When parties commit to a mediation process, in a high percentage of cases the dispute will be resolved. Donald Reid the Chairman of Mitchells Roberton gained accreditation as a qualified mediator in January 2005.

Arbitration can also be used and although the process is closer to litigation it does have several advantages including the privacy of the parties and a process which can be adapted to a particular dispute. Arbitration in Scotland has been codified by the Arbitration (Scotland) Act 2010.

Just as you would seek legal advice when going to court you should seek legal advice when choosing an ADR method and when reaching agreement. Our experts are here to guide you.

Will Disputes

Family relationships nowadays are often complex and disputes can arise relating to inheritance, capacity and the interpretation of wills and other legal documents. Problems may also stem from a will which has been poorly drafted, when there are already underlying tensions within the family or where there are difficulties in the course of the administration of the estate. Also, if a child, spouse or civil partner is in disagreement with the terms of a will they can contest it. For instance, you cannot necessarily disinherit a child entirely, even if you want to. You can leave your house to whoever you wish but a child has an automatic right by law to a fixed share of any bank accounts, money, shares or the proceeds of an insurance policy for example ,(known as moveable property). We can also provide guidance in co-habitation cases. Since 2006 a co-habitant has been able to make a claim on the death of their partner where that partner did not leave a will. At Mitchells Roberton we have a number of solicitors with years of experience in conducting litigation in the Sheriff Courts and Court of Session who can help you decide on the best course of action to take to resolve a dispute.

Our experts:

Donald ReidDonald Reid
Ian FergusonIan Ferguson
Paul NeillyPaul Neilly - Partner
Hugh GrantHugh Grant - Consultant
Joel ConnJoel Conn - Partner

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