DISPUTE RESOLUTION AND LITIGATION SERVICES IN SPAIN

We understand that court action is a means, not an end.

Dispute Resolution & Litigation Lawyers

We offer advice on a broad range of national and international disputes.

Expert in Spanish law and the Spanish legal system, we help you understand and anticipate the risks, procedures and defense strategies to be expected when dealing with the judicial system in Spain.

Our litigation and arbitration lawyers handle a wide range of commercial and civil disputes and proceedings as well as white collar crime and private proceedings arising in a commercial fraud or corporate context.

Extensive experience in successfully resolving complex, high value disputes.

Commercial Litigation

We help you, through an understanding of the law, legal process and business culture in Spain, develop an effective legal strategy enabling you to achieve your goals. Every business finds itself at some stage in a dispute with a supplier, customer, trading partner, director or shareholder.  Scudamore Law has the expertise and experience to provide solutions and help you to resolve disputes, adopting a pragmatic approach and without losing sight of your commercial goals.

Trade Mark, IP Disputes and Unfair Competition

A company’s intellectual property is it’s most valuable asset. We help you ensure that your name, know-how and products are protected. Owners of established brands are increasingly confronted by issues of parallel importations, counterfeit goods, licensing disputes, brand dilution, and online infringements spanning multiple jurisdictions.

Property Disputes

We aim to provide rapid, cost-effective solutions to all types of property disputes ranging from the straightforward to the most complex. Property disputes are disruptive and can be very costly. We advise and represent buyers, home owners, developers, landlords and tenants in all kinds of residential and commercial property disputes in Spain including developer insolvency issues, developments without planning consent and enforcing or avoiding contracts of sale.

Insurance Disputes

Our legal team of insurance dispute lawyers handle disputes arising out of insured risks throughout Spain. We act on behalf of policy holders and insurers in disputes arising out of product liability, professional indemnity, medical malpractice, fraud, property, transport, motor liability, employers’ and public liability, directors’ liability, workers compensation and reinsurance. We advise all parties involved in insurance contracts – the insured, insurer, reinsurer, underwriters and broker – and are sensitive to their respective relationships and interests in delicate cases such as policy coverage issues.

Personal Injury

Our flexible fee structures include success fee arrangements, that is, you will only pay legal fees if compensation is first recovered from the insurance company or responsible party. A car accident or death abroad can be a dramatic or even a life changing event for you and/or your family. We are adept at prosecuting claims through the Spanish Courts and negotiating with Spanish insurance companies.

Debt Recovery

We provide a pre-litigation debt recovery service on a success fee basis, that is, you only pay legal fees if and after money is actually recovered from the debtor. We engage forcefully with the debtor, probing and discrediting excuses for non-payment, to reach a negotiated settlement. If this is not possible, we advise you on the merits of the case and cost of court action, and take aggressive court action against the debtor and/or its directors through the civil and/or criminal courts.

Director & Shareholder Disputes

Trust and transparency between the shareholders and directors of a business is basic. Where this relationship breaks down, the future of the business may be placed in jeopardy. Individual fortunes may hang on issues such as access to information, the conduct of board or shareholder meetings or the expediency of a bringing a private prosecution. We are expert in the techniques and tactics employed in the Spanish business environment and assist you to act from a position of strength.

Agency and Distributor Disputes

Agency and distributor relationships may come to an end on account of unfulfilled expectations, new market strategies or unreasonable conduct. Acting for all parties, we advise on the justification for termination, entitlement to commission, the amount of indemnity payable and the Spanish courts’ application by analogy of the Commercial Agency Regulations to distribution contracts. We are expert in cross-border disputes and exploit, where the governing law of the contract permits, differences in English and Spanish law, to achieve early or favourable terms of settlement.

Building Disputes

The absence of standard form contracts and specialised courts underscore the need for perspicacious legal advice and good negotiating skills. We act for all parties in building disputes involving delays in completion, defective design or construction, non-compliance with contract specifications, planning and environmental issues, licensing irregularities, as well as extension of time and disruption claims and non-payment of contract amounts. With our building dispute expertise you can accomplish your objectives.

Banking Sector Disputes

We assist with consumer disputes such as ‘interest rate floor’ clauses in mortgage loans, mis-selling of financial products, including the sale of preferential shares of regional banks and shares in Bankia on its stock exchange flotation, as well as advising on issues such as mortgage foreclosures, lender’s rights of recovery of loan monies and the enforcement of security under insolvency law, fraud investigation and the tracing and recovery of assets, including asset freezing.

Insolvency & Corporate Recovery

We help creditors assert security rights against company assets. When companies are in financial difficulties, the repercussions can be wide-ranging, affecting business owners, banks, creditors and other stakeholders. We advise and represent all the different parties involved in situations of corporate distress assisting you secure the best solutions to protect your interests. In certain circumstances, we also help business owners obtain protection from creditors or maintain control of the company.

Our Approach

We understand the Spanish and English aspects of disputes and help you overcome linguistic, cultural and conceptual barriers when dealing with the judicial system in Spain.

Our approach is to carry out an early assessment of contentious issues and devise a practical, commercially realistic solution to the dispute.

Scudamore provides a realistic assessment of the case, the risks and the chances of success empowering you take an informed decision concerning the most appropriate action.

When a settlement cannot be reached, we pursue claims aggressively through the courts to achieve the best possible outcome.

We understand that court action is a means, not an end.

Testimonial

“I would strongly recommend Scudamore – the team is made up of very experienced litigators who are expert in Spanish law and who combine litigation expertise with a commercial approach. They are always always available and responsive when we need their advice.”

U. Sudhir Lodha

State Minorities Commission, Government of TamilNadu

Contact us

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Let’s Get Started

Our friendly team is here to help and advise you. Please fill in the form on the right and we will revert ASAP.

Email: [email protected]

Tel. UK: +44 207 097 5550

Tel. Spain: +34 915 939 126