KNOWLEDGE

Litigation and Dispute Resolution Case Studies

Morton Fraser_Innes Clark
Author
Innes Clark
Partner
PUBLISHED:
25 August 2021
Audience:
Business
category:
Case Study

Disputes are an unwelcome distraction from your core business, but you can rely on us for high quality legal and strategic advice. See below some of our most recent work.

Multimillion pound litigations arising out of liquidation Scotsman Hotel - Acting for the liquidator in the multi million pound litigations arising out of the liquidation of the five star Scotsman Hotel in Edinburgh which involved contested attempts by the parent company to undo the liquidation, claims of breach of contract, unjustified enrichment and disputed adjudications of creditors' claims, in addition to proceedings which sought to prevent the liquidator selling the hotel.
Contested solvent scheme of arrangement  Scottish Lion Insurance - Instructed by a major US firm in London on behalf of the Scottish Lion Insurance Company Limited to argue a contested solvent scheme of arrangement before the Court of Session.
Major road infrastructure scheme - public local inquiries We acted for the Environment Agency in a dispute with another public body arising out of the administration of the Dawson International Group of companies where the claims ranged between £14million and £100million.
Catastrophic injury claim  We acted for Transport Scotland in a catastrophic injury claim.  The dispute on liability was complicated by the number of defenders involved and consideration of both the potential liability in negligence and the contractual indemnity between two of the defenders.  Valuation of the case was disputed and complex, involving the assessment of the nature of the injury, actuarial calculations of loss of earnings and care costs, and consideration of what adaptations to the family home would be required to accommodate the pursuer.
Litigation arising out of self-administered pension scheme Private client - Acted for a high net worth individual who was being sued for £1million relating to a fraud arising from his participation in the running of a small self-administered pension scheme.
PFI contract - disputed valuation of 270 properties Acting in disputed valuation of 270 properties being acquired at termination of PFI contract. Dispute referred to independent arbitrator whose decision has been challenged in the Court of Session on the basis of legal error.
Termination of contract by frustration due to Covid-19 We successfully resisted an argument by a tenant that the partial lockdown of his premises during the covid-19 pandemic amounted to frustration of his lease bringing it to an immediate end. The Court of Session dismissed this argument in favour of our landlord client.

 

Multimillion pound office development dispute  Acting in a dispute arising from multi-million pound office development in Glasgow in which neighbouring proprietor is claiming that the property is being built partly on land which they co-own. Raises important issues about Scots conveyancing practice and the land registration system. A decision from the Court of Session is awaited.
Multimillion pound negligence claim arising out of powerline contract  Acted for a multinational engineering and construction plc in respect of a multimillion pound claim arising out of a contract to design and build overhead power lines.  Parties attempted unsuccessfully to resolve the matter amicably and the matter was referred to adjudication.  This matter involved us advising on complex contract interpretation issues relating to measurement. 
Challenge of grant of planning permission for a spaceport  We represented Wildland Limited in Judicial Review proceedings, raising complex issues of planning and environmental law including whether the planning authority had: (a) properly and fully considered the environmental impact of the entirety of the proposed development; (b) attached appropriate conditions to the grant of planning permission to ensure that mitigation measures could be implemented; (c) failed to comply with the Habitats Regulations; and (d) failed to consider the potential legal consequences arising from the disturbance of bird species listed in the Wildlife and Countryside Act.
Substantial dilapidations claim  Acting for a major food retailer, we successfully resisted a substantial dilapidations claim by their landlord which included several high value extraordinary items. The court concluded that the lease of the premises did not entitle the landlord to recover those costs from our tenant client.
Major public inquiry We represent government departments in the Scottish Child Abuse Inquiry (SCAI). SCAI was set up in 2015 and is one of the largest Inquiries ever heard in Scotland.  It is investigating the abuse of children in care in Scotland and will make recommendations for the protection of children in the future. 
Significant claim in relation to PV panels on 78 properties Acted for a local authority in the defence of a significant claim in relation to PV panels on 78 council properties. A dispute between the parties led to the contract being terminated and the highly penal termination provisions being invoked. We successfully argued, both at first instance and at appeal, that termination notices had not been served properly on our client and therefore no compensation was payable.
Successful mediation relating to construction defects Successful mediation on behalf of government agency relating to extensive range of construction defects in office development.

 

Enforcement of a performance bond Acted in a claim for the enforcement of a performance bond issued against a bank and enforceable upon failure of a contractor to complete a biomass power plant on time causing the funder to lose significant revenue generation as a consequence. The enforceability of the bond is being challenged and the matter is currently in the Court of Session. 
Multimillion pound negligence claim for engineering works Acted on behalf of a local authority in respect of a £5m claim against a lead consultant for negligent design of engineering works. Enforcement of adjudicator's decision in court of session Instructed by a major English law firm on behalf of their client in respect of enforcing an adjudicator's decision in the Court of Session.
Substantial construction claim Instructed by a hotelier in respect of the construction of a high profile hotel in Edinburgh to pursue a substantial claim against the developer in respect of delays and defective works.
Title rectification  Successfully securing the rectification by the Keeper of the Registers of Scotland of a defectively described title in the Land Register following an application to the Lands Tribunal of Scotland.
Acting in a dispute over a family business Acting for a high net worth individual in a dispute with family members over the operation of the substantial family business.  Court action raised and ongoing.
Acting for a company in the defence of a substantial claim for employment agency fees We acted for a logistics company in the defence of a court action raised by their former provider of staff.  The company moved supplier at the contractual end point, carrying over some of the staff which had been provided to them.  The previous agency argued that, in terms of the contract, this entitled them to a substantial payment in terms.  We are disputing their interpretation of the contract.

 

Acting for sellers of a business in dispute over price due

Acting for the sellers of a business against the purchasers in the pursuit of the final instalment of the purchase price.  The purchasers are arguing that the price ought to be reduced due to, they claim, breaches of warranties provided in the share purchase agreement.

 

Disclaimer

The content of this webpage is for information only and is not intended to be construed as legal advice and should not be treated as a substitute for specific advice. Morton Fraser LLP accepts no responsibility for the content of any third party website to which this webpage refers.  Morton Fraser LLP is authorised and regulated by the Financial Conduct Authority.