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Interlaw’s Scottish Firm Introduces Success Fee Arrangements for Commercial Litigation

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Interlaw’s partner firm in Scotland, Morton Fraser, has launched a new payment model as part of its commercial litigation practice to enable businesses to pursue disputes without significant financial risk. 

Morton Fraser has introduced the service following a change in Scottish legislation which allows this new type of fee agreement. While the change in legislation took place in April 2020, the pandemic has heightened the potential benefit to SMEs of these agreements, as commercial contracts have been placed under significant stress due to coronavirus-related disruptions. 

Chris Harte, Chief Executive at Morton Fraser, said: 

“The financial risks associated with commercial disputes can prevent many businesses from pursuing them, but this helps level the playing field. The new legislation was designed to help businesses seek recourse where it is due, by making litigation more accessible to the whole business community. After such a tough year for many companies, Success Fee Arrangements are likely to be a welcome development for many.  

“We see this as the future of commercial litigation. Many small businesses don’t necessarily see lawyers as being a cost-effective solution to resolve legal issues and we hope to change that perception through this service.” 

Morton Fraser’s litigation team is one of the largest and most experienced in Scotland and home to two of the country’s most experienced commercial litigators - Nicola Ross and Richard McMeeken.  Clients including Diageo, Tesco, Lloyds Bank, Volkswagen, the Scottish and UK Governments, Schuh, Stewart Milne Group, Glasgow City Council, Royal Mail Group, the Ministry of Defence and a very large number of SMEs.