Civil Claims and Disputes
Taking someone to court is normally the last option in a civil dispute. Usually businesses and individuals try to resolve their problem through negotiation, mediation or other dispute resolution mechanisms. Our court lawyers based in Dundee and Perth can offer advice to individuals and businesses, whatever the nature of your civil dispute. We aim to ensure that you are provided with the most relevant and up to date advice regarding your claim, including advice on economic as well as legal considerations.
Raising court action can be a risk, and the costs of litigation need to be carefully considered at the outset of any action. Before taking any case forward, we will always ensure that you are fully advised as to costs of pursuing or defending the action (including advice in relation to what court costs or expenses may be recoverable) and the prospects of success. We will also advise as to your prospects of enforcing the judgement if you are ultimately successful with your action.
If you are being sued and receive a writ or summons from the Sheriff Court you should take legal advice on how best to defend the claim immediately.
It is an unfortunate reality that disputes in relation to matters of contract are often a feature of life and business. For the most part, each of the parties to a contract carries out their obligations under that contract without difficulty. Sometimes, however, one or more of the parties does not and a dispute arises. Problems may arise for a variety of reasons including non-payment, inadequate services or defective goods among others. Disputes also can arise as to contractual terms in contracts of employment, agency, partnership and other business relationships. We offer specialist advice as to the best way to bring the dispute to a successful conclusion, whether this be by negotiated settlement, or through court action or alternative means of resolution.
Our Lawyers based in Dundee and Perth can offer advice to businesses and individuals facing contractual problems. We aim to ensure that you are provided with the most relevant and up to date advice regarding your claim, including advice on economic as well as legal considerations. We are commercially minded and aim to resolve your dispute as quickly and effectively as possible.
Our Court Solicitors in Dundee and Perth can offer specialist advice to businesses and individuals experiencing difficulties in obtaining payment from debtors. We aim to ensure that you are provided with the most relevant and up to date advice regarding the options available to you in pursuing debtors. We will provide you with advice on the most cost effective options for securing payment, including, where required, the raising of Court proceedings against the debtor (by way of Simple Procedure Action for payment of money up to £5,000.00 and by way of Ordinary Action for debts in excess of £5,000.00). It is often the case however that matters can be resolved without the need to resort to Court action. As a commercially minded firm, we aim to resolve matters and secure payment from debtors as quickly and effectively as possible, and we will provide you with debt recovery advice taking into account not only the legal considerations, but also bearing in mind the economic realities.
Guardianship & Intervention Orders
When are Intervention and Guardianship Orders required?
Where an individual has lost capacity to make decisions for themselves and they have not previously granted a Power of Attorney, an Intervention or Guardianship Order may be required. The Adults with Incapacity (Scotland) Act 2000 gives various options to a relative or a friend to apply to the court to assist a person who no longer has capacity (known as the ‘adult’) to look after their own affairs. The options under the Act are as follows:-
- Apply to access funds. A relative or a friend can apply to the Office of the Public Guardian to access and manage the funds held in the adult’s bank or building society account.
- Apply for a Financial Intervention Order. This is generally sought when a person needs authority to make a particular decision or take certain action on behalf of someone who is not able to do so themselves. This type of Order could allow the person appointed to do certain one-off things such as sign official documents.
- Apply for a Financial and/or Welfare Guardianship Order. A Guardianship Order gives the Guardian authority to act and make ongoing decisions to manage the financial and/or welfare affairs of the adult where they are no longer capable of doing so themselves.
Costs / Funding
Funding is available from the Scottish Legal Aid Board for most Guardianship applications
How Can Miller Hendry Help?
We have a wealth of experience in making Guardianship applications and in dealing with their ongoing administration and would be delighted to provide you with further information on this specialised area.
At Miller Hendry we can advise on current best practice in employment documents and policies, employment practice and procedure and on your duties and obligations as an employer. If things do not go according to plan however, we can also offer assistance with termination issues such as dismissals for redundancy, capability or conduct. The team has many years of experience in presenting and defending Tribunal claims and can assist with all aspects of preparing for and taking cases to Employment Tribunals.
Buying or selling a company or business frequently has employment implications under the Transfer of Undertakings Regulations 2006 (TUPE). We can guide you through the pitfalls, ensuring that you know your obligations at the outset and can manage the employee risks inherent in such transactions. Even where transactions are structured as share sales buyers are nevertheless wise to review employment policies and procedures to ensure they are in order. We can help with this by undertaking full or partial ‘healthchecks’ as required.
- Contracts of Employment
- Handling Unfair Dismissal and Other Claims
- Compromise Agreements
- Dealing With Sickness and Absence
- Disciplinary and Grievance Procedures
- Managing Redundancies
- Equal Opportunities and Discrimination
- Employee Issues When Buying or Selling a Business
- Fees in Employment Tribunals
- Landmark Ruling Opens Way to Change in Workplace Policies On Religion
- We’re All Going On A Summer Holiday
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Road Traffic Offences
Being charged with a road traffic offence for example speeding, driving without insurance, driving under the influence of drink or drugs or dangerous/careless driving can be a daunting experience. The law in this area is complex and depending on the offence, the Courts have a number of options open to them when deciding on the appropriate sentence. Therefore it is essential to have thorough legal advice so you are aware of all implications and possible penalties. Our solicitors will take you through the court process, whether it be Sheriff Court or Justice of the Peace Court, and fully examine the case against you. They will investigate your circumstances where applicable, and advise you of the possible outcomes.
Claims for compensation or damages can come in several forms: personal injuries such as whiplash, loss of earnings, accident claims arising from slips and falls or road accidents, and loss of earnings and uninsured losses. At Miller Hendry we’ll guide you through what can be an emotional journey in making a claim. We also assist clients in pursuing professional negligence claims, particularly medical negligence.