Dispute Resolution
Focused on delivering practical solutions, we provide expert legal advice combined with sound business knowledge. BTO is one of Scotland’s largest dispute resolution firms with a breadth and depth of talent that our clients can rely on.
Our pragmatic approach to problem solving provides a grounded and highly commercial perspective. We start by discussing and agreeing what result you want, then achieving that result becomes our focus.
The team has a recognised ability to plead cases in court and in tribunals and this is enhanced by our 19 Solicitor Advocates with extended rights of audience. We have the highest headcount of Solicitor Advocates in any Scottish firm which means that we don’t need to employ external advocates to the same degree as others. Streamlining this service leads to significant cost savings and often a better understanding of the case because the solicitor has run the case from the beginning. Our vast experience allows us to work with you on the tactical as well as legal elements of a dispute and to provide sound strategic advice.
As members of Mackrell International, one of the world’s leading international legal organisations, we also have the ability to deliver international solutions.
We understand that our objective is to resolve your legal and business disputes. There are many routes to resolving conflict and part of our expertise is identifying the right one. We litigate, mediate, adjudicate and arbitrate.
To make an informed choice, contact us to discuss your requirements.
"They are technically some of the best lawyers I have come across. They are also very, very pragmatic and understand our objectives. The team go the extra mile to assist us." (Chambers UK)
For a brief guide to civil litigation in Scotland – “Litigating with a kilt on”: click here.
Grant Hunter, Partner ghu@bto.co.uk T. 0141 221 8012
Will Cole, Partner wco@bto.co.uk T: 0131 222 2939
Paul Motion, Partner prm@bto.co.uk T: 0131 222 2939
Alternative Dispute Resolution: Alan Eadie, Partner awe@bto.co.uk T. 0141 221 8012
Experience
- ELB Securities Ltd v Alan Love & Prestwick Hotels Ltd [2015] CSIH 67
The case decided an important point of UK Company law relating to the status of property disclaimed by the Crown during a period of time when a Company had been stuck off the register of companies. The First Defender is currently appealing the decision to the Supreme Court. (David Young, Partner).
- Esso Petroleum Co Ltd v The Scottish Ministers & others [2016] CSOH 15
Appearing in this case before the Commercial Court, successfully arguing that a contractor could not be held liable in nuisance for the negligence of a sub-contractor even when the operations were considered exceptionally hazardous.
- HW Energy Limited v Highland Council
On behalf of the Pursuers following an alleged breach of contract by the Defenders of a £4 million four year contract we have recently raised proceedings in the Court of Session for payment of approximately £800,000. (Grant Hunter, Partner)
- MacRoberts LLP v McCrindle Group Ltd [2016] CSIH 27
Action before the Commercial Court of the Court of Session and at Appeal worth around a substantial amount of money where we successfully argued that the Defenders’ case was ill founded in fact and law. (Ashley Mawby, Partner).
- Wishart, Petitioner 2009
The leading Scottish case and the first UK appellate case on minority shareholder remedies – “derivative” actions. (Paul Motion, Partner & Solicitor Advocate - Roddy Thomson QC).
- Cora Foundation v East Dunbartonshire Council [2014] CSIH 46
The Pursuers sought to recover compensation for damage caused in a riot in terms of the Riotous Assemblies (Scotland) Act 1822. It was a comparative case to the English case of Mayor’s Office for Policing and Crime v Mitsui which was decided by the Supreme Court in 2014 and led to the Riot Compensation Act 2016 being enacted.
- Pine Energy –v- Talisman 2009
Pursuing a £25 million litigation related to deep water offshore wind turbines. (Paul Motion, Solicitor Advocate, as counsel in Outer House, led by senior counsel in run up to trial in Inner House)
- Commissioners for Her Majesty’s Revenue and Customs v RBS 30 September 2010
Successfully took this case to the European Court of Justice arguing the interpretation of Article 17 (3) (a) of the Sixth VAT Directive. (Wendy Thomson, Partner and Solicitor Advocate)
- Committee of Spanish Time Share Resort –v- Resort Management Company 2016
International arbitration being run by Paul Motion, solicitor advocate.
