Dispute Resolution – Court v Commerciality, Alan McKee In modern day business conflict is sometimes unavoidable. When such conflict arises the legal rights a business has to a resolution are not always the best solution. This Presentation will explore the change in attitude in recent years and considerations which are vital when such a situation arises.

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The BusinessJourney
No.8
3 February 2015

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Alan
McKee

3. Court vs. Commerciality
Alan McKee
Head of Dispute Resolution
Macdonald Henderson

4. Introduction
Very few businesses will be immune to
a dispute with a customer or client.
Considerations which are vital.

5. Legal Rights
 While not always written there is always a
contract.
 Whether verbal, written, express or implied –
rights exist.

6. Upholding Rights
 Direct Business to Business contact.
 Advice from legal advisor.
 Legal Correspondence.
 Court.

7. Considerations of Commerciality
 Size/impact of the problem.
 Importance of Relationship.
 Source of Business.
 Impact on Management Time.

8. Tips to Reduce Potential Problems
 Terms and Conditions.
 Consider value of volume work/Tender.
 Don’t contract with anyone who asks.

9. Questions

10.  Macdonald Henderson Solicitors
Standard Buildings
94 Hope Street
Glasgow
Scotland
G2 6PH
 Tel. +44(0) 141 248 4957
Fax +44(0) 141 248 4986/8455
 Email:
Alan McKee alan@macdonaldhenderson.co.uk

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