Skilfully reconciling legal and commercial issues
It may sound straightforward – isn’t drafting a commercial contract something that any corporate law firm can handle? At Scott-Moncrieff we like to think we do things differently. We know that getting a contract right and making sure it’s both precise and clear, with every detail fully defined, can be crucial in preventing disputes in the future.
So our commercial solicitors will start by getting to grips with the ins-and-outs of your business: your commercial priorities, your objectives and – just as importantly – your working practices and ethos. It’s an approach that helps ensure every contract we negotiate has the client’s best commercial interests at heart. It also means that your legal arrangements with suppliers, customers and partners fully reflect your business ethos.
A track record across a range of sectors
Our solicitors' experience of negotiating and drafting contracts covers the full spectrum of commercial arrangements, from purchasing, production, marketing, sponsorship and outsourcing to joint ventures and mergers. And our commercial solicitors have expertise across a wide range of industry sectors including media and entertainment, technology, manufacturing and retail. We serve clients throughout England, including London, Bristol, Manchester, Birmingham, Newcastle, Leeds and Liverpool.
Our lawyers have negotiated, drafted and reviewed contracts for major companies in the UK, Europe and the USA. We’ve dealt with intellectual property, data protection, and compliance with anti-corruption law, commercial leases and public sector procurement.
You’ll find we’re pragmatic and clear-thinking with a keen eye for issues of commercial advantage. Our experience means we’ll hit the ground running, resolving any contentious issues with minimum upheaval and negotiating an arrangement that has the detail and flexibility to run like clockwork. After all, no-one wants to have to revisit a contract every time something in the business changes. As important as all this is that we’re always mindful of the client’s budget and will fulfil your requirement as cost-effectively as possible.
Our commercial lawyers are highly experienced in dealing with a range of issues including:
- commercial debt recovery
- contract drafting
- contractual disputes
- share schemes
- mergers & acquisitions
- shareholder agreements
- partnership deeds
- shareholder/partnership disputes
- late-registration of charges
- schemes of arrangement and share capital reductions
- company director disqualifications
- company restorations
- hedge fund refund claims
Contractual Disputes: Legal expertise, for when a commercial contract goes wrong
In an ideal world, every contract would be so water-tight that parties never disagreed. Despite this, contract disputes are surprisingly common. When things go wrong you’ll need an expert team of commercial solicitors like Scott-Moncrieff – lawyers with the commercial and legal intelligence to work towards a resolution that will cause minimum damage to your business. We know that time is of the essence: protracted wrangling can accrue unnecessary costs and lead to an unhelpful atmosphere of uncertainty.
What happens first?
Of course, a contract dispute doesn’t have to end up in court and long-term relationships can suffer if litigation is the first resort. Alternative Dispute Resolution (ADR) offers a cost-effective alternative and one that judges now expect businesses to have considered before undertaking formal litigation. Scott-Moncrieff’s top-flight team includes specialist lawyers who have been trained in ADR techniques and who have an excellent track record.
How does ADR work?
The three alternatives to litigation are arbitration, mediation and conciliation. Arbitration and mediation are similar in that both involve using a neutral third party to oversee the process. Mediation tends to involve using a professional who does not ‘judge’ the dispute but helps to facilitate discussion. Arbitration is closer to a formal court process, in that the parties in dispute have to abide by the decision made by the arbitrator after he or she has considered all the evidence supplied.
Conciliation, on the other hand, is usually carried out by a recognised body. If a settlement is achieved it is legally binding for the parties.
What if my contract dispute can’t be settled by ADR?
If there’s no alternative to formal litigation our solicitors will advise on the most cost-effective approach that will cause the least damage to the smooth-running of your business. Our lawyers have the experience and expertise to know what’s most likely to achieve the desired result. Many contracts now contain dispute resolution clauses which can help streamline the process.
Whether the disputed contract is with a key customer or supplier or concerns a more peripheral business relationship, we’ll make sure we act fast, taking the initiative and working with creativity towards a successful outcome. You’ll find our approach is refreshingly straight-talking. Our highly experienced commercial solicitors will demystify the legal complications so you’re always clear about where your case stands and we’ll keep you 100% up-to-speed with developments.
Commercial disputes can be disruptive and time-consuming which is why you can trust our top-flight legal team will do all the necessary legwork, leaving you free to get on with what really matters.
Contact our Commercial Contract Solicitors in London, and Nottingham
We serve clients all over England and Wales, including London, Manchester, , Nottingham, Birmingham, Bristol and Kent.