Our dedicated teams of Scottish and English lawyers work in partnership with our clients across the UK to facilitate early dispute-avoidance strategies and to resolve your real estate disputes.
Recognised for our commercial focus and expertise, the size and stature of our team means we are regularly instructed on high value and complex disputes, litigating in the Court of Session, Sheriff courts, Lands Tribunal and Land Court in Scotland, as well as the higher courts and tribunals in England; and have a significant practice in arbitration.
We have extensive experience of commercial landlord and tenant disputes, telecommunications, trespassers, rights to light, party wall matters, interferences with and disputes about land, tenant insolvency, non-domestic rates and land and rural business claims.
With diverse sector experience, our clients include: institutional investors and lenders, retail and leisure tenants, housebuilders, telecoms operators, the hospitality sector, commercial and residential developers, and rural estates.
Real Estate Litigation key highlights
- Instructed in high value dilapidations cases on the enforcement of payment obligations in Scotland, including Grove Investments Ltd v Cape Building Products Ltd, @SIPP (Pension Trustees) Ltd v Insight Travel Services Ltd, Mapeley Acquisition Co (3) Limited (in Receivership) v City of Edinburgh Council, and Drum Income Plus Ltd v LS Buchanan Ltd.
- Expert ratings dispute team with experience in valuation appeals, most notably acting in Covid-19 related rating appeals in Scotland.
- Acting for a telecoms operator in a dispute with a site provider in England, seeking to terminate a telecoms agreement, involving complex issues under the Landlord and Tenant Act 1954 and statutory powers under the Telecoms Code.
- Acting in a multi-million-pound English dilapidation action on behalf of a local authority client.
- Litigating in the High Court in London on behalf of a global client, in a dispute with the landlord of its English headquarters undertaking works to the building. The dispute involved various breaches of lease covenants and building damage.
Brodies, whilst being a large corporate entity, still always provide a personal service with employees being contactable and very customer facing. Being part of a large company this gives me access to a wide skill set and experienced legal team.Legal 500 UK 2023
There is a great breadth of knowledge within the team. Good practical advice based on real world experiences. Can always answer the “what if…” questions.’Legal 500 UK 2023
First and foremost, Brodies’ litigation team are experts in their field. They use their skills and experience to then ascertain what you and your clients hope to achieve from a dispute or situation and design a plan to achieve this. They are not afraid to advise you if your expectations are unrealistic. I have complete faith in the advice that I am being offered and trust in the individuals offering it.Legal 500 UK 2022