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.