Commercial Property Disputes | Aberdein Considine Legal

Real Estate Litigators with a strong national pedigree

Commercial Property Disputes

Our experienced Commercial Real Estate litigators provide clear, strategic advice to best navigate potentially contentious, or contentious, situations to an acceptable outcome, in a commercially sensitive way.

Solutions to contentious issues are many and varied. Our sector strength allows for a swift and proper risk assessment and an easy collaboration with clients in evaluating risks for them, building the strategy around our client’s objectives.

The team puts clients first and is skilled in alternative forms of dispute resolution (ADR), such as arbitration, expert determination, mediation and commercial negotiations. When necessary, our Advocates have specialist experience of the commercial courts in Scotland’s Sheriffdoms and in the Court of Session.

Our expertise

The team works for developers, institutional investors, landlords and tenants (office, industrial and retail), asset managers, as well as lenders and insolvency practitioners. We are vastly experienced in handling property-related disputes and our Head of Dispute Resolution, Euan McSherry, is recognised by Chambers & Partners as one of Scotland's leading commercial real estate litigation solicitors and is an RICS Accredited Mediator.

We assist clients with:

  • The full range of landlord & tenant disputes (including termination, rent reviews, dilapidations, alterations, alienation, service charge, access rights, notices, abatement of rent, sub-letting, irritancy and the provision of services)
  • Insolvency disputes arising out of liquidation, administration and receivership of landlords, tenants, sub-tenants and third parties
  • Disputes in relation to business rates (non-domestic rates)
  • Disputes in development matters, boundary and land disputes, and title issues including servitudes and burdens.
  • Disputes between joint venture partners and issues arising out of other forms of co-ownership
  • Professional negligence disputes against other solicitors, valuers and professional agents within a property context
  • Purchase issues surrounding the acquisition of commercial, residential and mixed-use real estate
  • Disputes arising out of the sale of commercial, residential and mixed-use real estate
  • Disputes emanating from an active development site such as nuisance, breach of quiet enjoyment and derogation from grant.

We also assist with due diligence in relation to commercial, residential and mixed-use projects.

Why choose us?

Our client promise

At Aberdein Considine Legal, we have a simple three-point promise to all of our clients.

  • Euan McSherry leads the firm's real estate litigation department and offers extensive experience in property litigation. He is a solicitor advocate and accredited mediator. One client highlights his "concise, thoughtful and apposite advice," and praises his "very commercial and astute" approach.

  • "The dispute resolution team at Aberdein Considine is very knowledgeable, has strength in depth and an offering that is able to punch well above its weight. Excellent advocacy and negotiation abilities but also an ability to calmly deliver advice even in challenging circumstances."

  • We were able to have effective video conference calls with Ross who explained the procedure and the legal implications of the work he was to undertake for us. We had good, regular, communication with Ross throughout and achieved the successful outcome we were hoping for.


What the experts say...

Our Dispute Resolution team is ranked among the best in the UK by two of the world's most respected legal guides.