David Bartos advocate, Edinburgh, Scotland

Commercial Law

“Commerce n. 1. the activity of buying and selling, especially on a large scale. . . ORIGIN C16 : from Fr., or from L. commercium “trade, trading”, based on merx, merc- “merchandise”         Concise Oxford English Dictionary 10th Ed Revised

Simply put, commercial law is the law relating to buying and selling, usually for a profit. It’s the law of business. Anything to do with business.

For example I have acted for clients in relation to –
• Meanings of commercial agreements and documents
• Enforceability of commercial conditions
• Supplies of commercial or professional services
• Sales of products internally and for export
• Building or engineering contracts
• Trademarks/logos
• Sales of shares
• Insurance
• Agency
• Banking, loans and guarantees
• Leases of premises
• Debt collection and enforcement
• Bankruptcy, insolvency, and liquidation
• Company directors’ rights and duties
• Shareholders’ s. 459 petitions for unfair prejudice
• Company restoration
• Partners’ rights and duties

If you would like more details, please contact me or my practice manager at Terra Firma Chambers.

Given that most businesses have premises, and many deal with products, there’s a large overlap with property law. From a lawyer’s perspective it’s also about contract law. From the client’s perspective it’s about the quickest, most effective way of using whatever law there is to resolve his dispute in a way which is least disruptive to his business.

As with property law this field is in a state of flux. Debt enforcement and bankruptcy processes have been reformed in the Bankruptcy and Diligence (Scotland) Act 2007. Having said that the roots of commercial law remain in the industrial revolution work 19th century work of Professor Bell and cannot be understood without that context.

Practice in this area requires not only legal understanding but also understanding of the client’s business, way of working and his/her needs. This is something which I have always found stimulating and enjoyable.