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Dispute Resolution Blog

Settlement Agreements: The Devil is in the Detail


Settlement Agreements: The Devil is in the Detail Posted on Mar 07, 2014 by Liana Park  | Tags: dispute resolution, mediation, settlement agreement,  | 0 Comments Liana Park, Solicitor, Dispute ResolutionINTRODUCTIONIn the last few months there has been an increase in the number of offers of redress flooding in from banks to victims of the IRHP mis-selling scandal.It seemed an opportune time to consider the implications of accepting an out of court settlement.The majority of civil court cases are settled out of court. However, the mechanics and implications of an out of court settlement are often overlooked. It is prudent to...
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682 Hits

Pre-Litigation Recovery of Documents: Is A 'Section 1' Order An Option?

Pre-Litigation Recovery of Documents: Is A 'Section 1' Order An Option? Posted on Jun 09, 2014 by Liina Tulk  | Tags: section 1, petition, recovery of documents, commission and diligence, disclosure, court of session, sheriff court, commissioner, dawn raid,  | 0 Comments By Neil Morrison, Associate, and Liina Tulk, Solicitor, Dispute Resolution IntroductionIt is essential from the moment litigation is contemplated to preserve and recover the relevant documentation. Often, it quickly comes to light that certain documentation is in the hands of someone else. It is possible to obtain the documentation by agreement with the other party but there will be...
  4225 Hits
4225 Hits

Claiming Interest - The Basics


Claiming Interest - The Basics Posted on Jul 09, 2014 by Iain McDougall  | Tags: interest, contracts, claims  | 0 Comments By Iain McDougall, Senior Solicitor, Dispute ResolutionIt is worth bearing in mind when if you have a monetary claim for loss or damages, interest can be applied to the claim. This can often be for not inconsiderable amounts and this article is designed to provide a brief introduction to the three main types of interest we come across.Contractual InterestIf your claim is based on you have under contract a contract, for instance payment for goods or services you have provided,...
  1466 Hits
1466 Hits

How To Register And Enforce An EU Judgement in Scotland


How To Register And Enforce An EU Judgement in Scotland Posted on Sep 05, 2014 by  | Tags: registration of EU judgement, enforcement of EU judgement, Scotland, Books of Council and Session, Court of Session, EU regulation 44/2001,  | 0 Comments By Neil Morrison, Associate, Dispute ResolutionINTRODUCTIONSo you’ve got your judgement from an EU country against a Scottish individual or company but realised that their assets are all located in Scotland, how do you turn your EU judgement into a Scottish judgement so you can take steps to enforce your judgement in Scotland against the assets?European law (Regulation 44/2001) has made registering a judgement from...
  709 Hits
709 Hits

Bitesize Legal Case Study #1: The Online Banking Fraud


Bitesize Legal Case Study #1: The Online Banking Fraud Posted on Jul 31, 2014 by  | Tags: online fraud, case study, banks, SMEs, cyber crime, financial ombudsman service,  | 0 Comments By Neil Morrison, Associate, Financial DisputesPlease see our bitesize legal case study #1 below:Legal AreaOnline Fraud (Financial Disputes)Client TypeSmall to Medium Sized BusinessesLegal ProblemThe director of a small Scottish company received a call from a man purporting to be from his bank advising him that there were some suspicious transactions on the company bank account. The man (hereafter “fraudster”) purporting to be from the bank was able to describe recent authorised...
  757 Hits
757 Hits

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