Dispute Resolution

It is an unfortunate fact of life that, occasionally, relationships break down to such an extent that disputes can only be addressed by some form of dispute resolution process. 

This is not helped by the other fact that much of today’s legislation by the Scottish Parliament is unclear in its meaning.  These facts apply in the fields of Agriculture and Rural Property  just as much as in other walks of life.

We treat litigation as a last resort however, having done our level best to find an agreed solution first as we appreciate that you will prefer not to litigate, where possible, given the delay and costs that this can entail for you.

But dispute resolution does not always mean resorting to the Courts. Arbitration is still available.

Mediation is increasingly used as a quick, cheap and confidential means of Alternative Dispute Resolution. Our team is able to offer you the services of one of our Land Resources' partners who is a trained Mediator.

Where litigation is required we will pursue your interests robustly and expeditiously. Led by a solicitor advocate, our property litigation team has been involved in a number of leading Land Court cases.

Our ability to work as a team for you is key, given the significant land reforms that have taken place in Scotland in recent years. With legislation such as the Agricultural Holdings (Scotland) Act 2003 and the Land Reform (Scotland) Act 2003 (being just 2 examples), the Courts have been busy testing the legislation as disputes have arisen over how it ought to be interpreted and work in practice.

Over the past year we have been involved in numerous cases not only before the Scottish Land Court but also before the Lands Tribunal, Court of Session and Sheriff Court covering a wide range of matters many of them “ground-breaking”.

For more information please contact Fiona Stephen.