Case study: Significant litigation success for our client defending a commercial claim

John Bett, Partner in our Commercial Disputes and Litigation team explains how our litigation experts successfully secured a six-figure sum for our client in a rare motion for an interim payment to account of an award of expenses.

There is no denying that litigation can, at times, be a costly and time-consuming exercise. In raising proceedings, the pursuers (claimants) at least have the opportunity to consider whether they wish to commit the required time and money to pursue their claim. Defenders (respondents) have no such luxury when faced with claims, even when they consider the claims to be without merit. That was the position one of our clients found themselves in when served with a multi-million pound commercial action brought against them by their landlords at one of their sites.

The Dispute

The claim brought against our clients was largely in respect of an alleged dilapidations liability, but extended to cover a declaration of irritancy, alleged arrears of rent and service charge and various other sums. Our clients rejected the claim, which ran into excess of £2.5m, in its entirety. We were instructed to defend the proceedings brought in the Commercial Court of the Court of Session.

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