Jameson & Mackay Solicitors Perthshire, Scotland

Legal Services | Commercial Law

Commercial Law

Commercial lawyers have to combine legal expertise with commercial awareness and practical advice. They have to be able to work closely with a business, be it a sole trader, partnership or limited company, and understand its people, products or services, and objectives in its own particular marketplace.

At Jameson & Mackay we are small enough to retain that individual element of service which results in a successful collaboration with our commercial clients, yet big enough to provide the range of services most commercial clients require.

Business affairs

You may need:

A partnership or shareholders agreement to regulate your affairs in the event of a disagreement.

Contingency plans to protect your business if a key employee dies or suffers a prolonged illness.

Contracts of employments for all your staff including directors.

Financial awareness - are your cash problems real or simply due to lack of funding?

Terms of Business - do you have your own and are they carefully worded?

Insurance cover to buy out a retiring partner or shareholder.

Covenants to ensure your trade secrets remain secret.

Commercial litigation

The following questions and situations are typical of problems upon which we have advised-

"They haven't paid for my goods and now they've gone bust. Can I get my goods back?"
"The builder has just walked off site and is demanding money. Do I have to pay him? Who is going to finish the job?"
"My ex-partners have just opened up down the road and are taking my business away. Can I stop them?"
"The computer doesn't work. The suppliers keep trying to repair it but my business is suffering. What can I do?"
"The other directors have changed the locks at the factory and told me not to come back. What are my rights?"

We know that the circumstances are different in each situation. IN some cases it is better to avoids court proceedings altogether; in others a strong approach is necessary to bring about a quick and fair conclusion. We have the experience to consider carefully all the facts and commercial considerations and advise you accordingly.

Commercial property

We advise on all property related matters. You may also need help with funding, rent reviews and dilapidations, tax and VAT, guarantors and ancillary matters.

Employment

Are you re-organising the structure of your business? If so there may be redundancy or unfair dismissal implications.

Do you have problem employees? We can advise you on how best to resolve difficulties with the minimum disruption to the rest of your staff and the smooth running of your business.

We can prepare contracts of employment, advise you on disciplinary procedures, and if necessary liase on your behalf with ACAS.

Because we also have extensive experience of representing employees we are able to include the employee's perspective in the advice we give to you as an employer. Do remember that employment law is technical and a failure to follow procedures at an early stage can be both prejudicial and costly later.

Debt collection

Cash flow is the life blood of any business. Poor dcredit control and ineffective debt collection systems often lead to a series of bad debts which can have a crippling effect on an otherwise efficiently run and successful business.

We can:

Advise on ways of implementing or improving your system of credit control
Pursue your debtors for payment and negotiate on your behalf
Issue court proceedings where necessary
Enforce court judgements to secure recovery of the debt, the interest accrued, and a proportion of your legal expenses
Stop your debtors disposing of their assets elsewhere to avoid paying you.