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Iain McDougall

Associate

Email iain.mcdougall@mbmcommercial.co.uk
Tel 0131 226 8219

Iain is an associate at MBM Commercial LLP and specialises in Intellectual Property and Commercial Contracts, Commercial and Financial Disputes and Professional Negligence.

Iain is ranked in the Legal 500 as a leading practitioner in Commercial Litigation, and is noted as having a “sharp mind”. He provides dispute resolution advice to a broad range of clients including SMEs, entrepreneurs and high growth companies.

He has conducted cases in both the Sheriff Courts and the Court of Session. His background is in general commercial litigation and he been involved in cases dealing in everything from debt recovery to the mis-selling of complex financial products.

Iain has considerable experience in resolving disputes out of court via mediation and negotiation. Prior to joining MBM Commercial in 2008 he worked with Core Mediation where he assisted with research and the training of mediators.

Iain has a particular interest in cases involving intellectual property and he has been instructed in a number of complex cases at the Court of Session. Iain has assisted with the obtaining of interim order to prevent the disclosure of confidential information and the protection of copyright, trademarks and design rights.  

He has conducted cases before the UK Intellectual Property Office and the European Intellectual Property Office in respect to the registration of European Trademarks.

Iain has assisted a number of clients who have disputes with financial institutions. These range from individual facing repossession of their homes to large corporate institutions. He regularly advises company directors and others regarding the enforcement of personal guarantees by banks.

Over the last few years he has assisted a number of clients with the submission of claims in respect to the Financial Conduct Authority’s review of interest rate hedging products. This has also involved the preparation of consequential loss claims and advice in respect to the raising of Court proceedings in relation to the mis-selling of these products.

Iain also has experience in dealing with a corporate insolvency and property matters including dilapidations and the interpretation of commercial leases.

Personal biography

Iain enjoys hill walking and cycling. He also does a bit of home brewing, with decidedly mixed results.

 
Achievements
  • Conducting complex trade mark litigation at the Court of Session.
  • Advising a life science company in relation to a patent dispute.
  • Representing various clients in Intellectual Property Office Tribunal Proceedings.
  • Successfully obtaining court orders to prevent the poaching of staff and clients of a company by a departing employee.
  •  Advising a number of clients in respect of the Financial Conduct Authority's review of mis-sold financial products.
  • Conducting a hearing before the Sheriff Principal to successfully appeal a decision regarding jurisdiction.