Commercial Litigation Solicitors in Glasgow, Scotland

Commercial Litigation Advice for Scottish Businesses

Commercial disputes can disrupt cash flow, damage working relationships and place pressure on your business. At Miller Samuel Hill Brown, our commercial litigation solicitors in Glasgow advise companies, partnerships, directors, shareholders and individuals across Scotland. Call 0141 221 1919 or complete our online contact form for clear advice on your options.

Commercial litigation is the legal process used to resolve business disputes. Some matters require court action, whilst others can be settled through negotiation, mediation or arbitration.

Our litigation lawyers can assist with disputes involving:

• Breach of contract
• Unpaid invoices and debt recovery
• Shareholder and partnership disputes
• Property and lease disputes
• Professional negligence
• Supplier and customer disputes
• Director disputes
• Business sale and purchase disagreements
• Insolvency-related claims

We focus on practical outcomes. That may mean reaching a commercial settlement quickly, raising court proceedings, defending a claim or using enforcement procedures to recover sums due.

The Commercial Litigation Process in Scotland

Most commercial disputes in Scotland are dealt with in the Sheriff Court. Higher value or more complex cases may be heard in the Court of Session in Edinburgh, particularly where the claim exceeds £100,000.

The Scottish court system is adversarial. The party bringing the claim, known as the pursuer, must prove their case on the balance of probabilities. The defender has the opportunity to challenge the claim and present evidence in response.

Our solicitors can support you with:

• Early case assessment
• Pre-action correspondence
• Settlement discussions
• Drafting and lodging court documents
• Representation at hearings
• Enforcement of court orders
• Appeals, where appropriate

We will explain the strengths and risks of your case in plain English, so you can make informed commercial decisions.

Contract Disputes

Contracts sit at the centre of many business relationships. When one party fails to meet its obligations, the financial and operational impact can be significant.

We advise on disputes involving written contracts, verbal agreements, terms and conditions, service agreements, supply contracts and business sale agreements. Remedies may include damages, payment of sums due, termination or specific implement, which requires a party to perform a contractual obligation. Find out more about contract disputes.

Shareholder, Director and Partnership Disputes

Internal business disputes can be highly sensitive. Disagreements between shareholders, directors or partners may affect decision-making, trading activity and long-term business value.

Our commercial litigation solicitors advise on disputes involving unfair prejudice, breach of directors’ duties, deadlock, partnership breakdown, removal of directors and disputes about ownership or control. We aim to resolve matters efficiently, with careful attention to the wider commercial impact.

Debt Recovery and Enforcement

Unpaid debts can create serious pressure for businesses. We can advise on recovering outstanding invoices, pursuing decree for payment and using enforcement options where payment is still not made.

Enforcement methods in Scotland may include arrestment of funds held by a bank, inhibition against property, money attachment at business premises or insolvency procedures such as winding up petitions. Learn more about debt recovery.

Alternative Dispute Resolution

Court proceedings are sometimes necessary, yet they are not always the best first step. Alternative Dispute Resolution can offer a more private, controlled and cost-conscious route.

Mediation allows parties to work towards an agreed settlement with the support of an independent mediator. Arbitration involves an independent arbitrator making a binding decision after hearing evidence and submissions.

We can advise whether ADR is suitable for your dispute and represent your interests throughout the process.

Prescription and Time Limits

Strict time limits apply to commercial claims in Scotland. Many contractual claims prescribe after five years, though the correct deadline will depend on the facts and type of claim.

Early advice can help protect your right to raise or defend proceedings. If a deadline is missed, you may lose the ability to pursue the claim.

Commercial Litigation Costs

The cost of commercial litigation depends on the complexity of the dispute, the value of the claim, the volume of evidence, the conduct of the parties and whether the matter settles early.

We provide clear advice on fees, likely court expenses and the commercial risks before major decisions are made. Our aim is to help you choose a route that makes legal and financial sense.

Why Choose Miller Samuel Hill Brown?

Miller Samuel Hill Brown has a strong reputation for dispute resolution in Glasgow and across Scotland. Our litigation team combines technical legal knowledge with a practical understanding of business pressures.

We act for clients in tribunals, Sheriff Courts and the Court of Session. From urgent advice to complex court actions, we work to protect your position and secure the best achievable outcome. Explore our wider litigation and dispute resolution services.

Frequently Asked Questions