Dispute Resolution Blog

With so many customers and workers currently staying home, some businesses will be facing an increased risk of insolvency.

In these uncertain and unprecedented times, the importance of protecting your business has never been greater. With social distancing slowing down production and trade, we are all having to think more creatively to adapt and ensure the personal safety of our families, colleagues and employees.The reality is that this adjustment is going to undoubtedly affect the cashflow of most, if not all, businesses. This means that both recovering and paying debts is going to be more difficult, but doing both will be essential for survival. Despite the ongoing disruption, MBM’s Dispute Resolution team remain committed to helping you defend and pursue all...

New guidance from the Law Society of Scotland just published last week encourages firms offering legal services to the public to publish indicative price information up front. Here at MBM Commercial we are ahead of the game, and at the beginning of January this year MBM’s Dispute Resolution Team launched a new fixed-fee litigation service – offering clients a level of clarity, value and control currently unseen in the marketplace.

The Inner House has refused an appeal by RBS to allow it to offset PPI compensation payments against debts which formed part of a protected trust deed.

The Opinion, delivered by Lord Glennie, in The Royal Bank of Scotland plc v Donnelly [2019] CSIH 56 on this ‘important and novel question of law’ found that the bank was not entitled to apply insolvency set-off after Mrs Donnelly had been discharged from her debts.

Online fraud was a commonly reported news item last year, and we anticipate that this problem will continue to gain traction in 2020. We look back at a case from the Outer House of the Court of Session from late 2019, which illustrates the risks to employers and employees alike.