Iain McDougall#7938

Iain McDougall, WS

Solicitor, MBM Commercial
Iain is a Director at MBM Commercial LLP and specialises in Intellectual Property and Commercial Contracts, Commercial and Financial Disputes and Professional Negligence.
 
Iain is ranked in the Legal 500 as a leading practitioner in Commercial Litigation. He provides dispute resolution advice to a broad range of clients including SMEs, entrepreneurs and high growth companies.
 
He has conducted cases in both the Sheriff Courts and the Court of Session. His background is in general commercial litigation. Iain has considerable experience in resolving disputes out of court via mediation and negotiation. Prior to joining MBM Commercial in 2008 he worked with Core Mediation where he assisted with research and the training of mediators.
 
Iain has a particular interest in cases involving intellectual property and he has been instructed in a number of complex cases at the Court of Session. Iain has assisted with the obtaining of interim order to prevent the disclosure of confidential information and the protection of copyright, trademarks and design rights. 
 
Iain has assisted a number of clients who have disputes with financial institutions. These range from individual facing repossession of their homes to large corporate institutions. He regularly advises company directors and others regarding the enforcement of personal guarantees by banks. Iain also has experience in dealing with a corporate insolvency and property matters including dilapidations and the interpretation of commercial leases.
Contributed to

28

Draft email to arrange counterpart completion with other solicitors—Scotland
Draft email to arrange counterpart completion with other solicitors—Scotland
Precedents

This Precedent sets out the procedure agreed between solicitors for arranging counterpart completion of documents under Scots law. The procedure complies with the Legal Writings (Counterparts and Delivery)(Scotland) Act 2015 and sets out when the document will be delivered when counterpart completion is used.

Draft email to client—counterparts signing instructions—Scotland
Draft email to client—counterparts signing instructions—Scotland
Precedents

This Precedent email contains instructions from a solicitor to a client relating to the process for signing a document that will be delivered in counterpart. These instructions are in accordance with the Legal Writings (Counterparts and Delivery) (Scotland) Act 2015.

Execution clause (Scotland)—ordinary execution by a company by a director
Execution clause (Scotland)—ordinary execution by a company by a director
Precedents

This is a Precedent execution clause for a limited company entering into a contract that does not require to be self-proving under Scots law and where the document is being signed on the company's behalf by a director.

Execution clause (Scotland)—ordinary execution by a company by an authorised official
Execution clause (Scotland)—ordinary execution by a company by an authorised official
Precedents

This is a Precedent execution clause for a limited company entering into a contract under Scots law that does not require to be self-proving.

Execution clause (Scotland)—ordinary execution by a company by the company secretary
Execution clause (Scotland)—ordinary execution by a company by the company secretary
Precedents

This is a Precedent execution clause for a limited company entering into a contract under Scots law that does not require to be self-proving and where the document is being signed on the company's behalf by the company secretary.

Execution clause (Scotland)—ordinary execution by a member for a limited liability partnership
Execution clause (Scotland)—ordinary execution by a member for a limited liability partnership
Precedents

This is a Precedent Execution clause for a limited liability partnership entering into a contract under Scots law that does not require to be self-proving.

Execution clause (Scotland)—ordinary execution by a member for a limited liability partnership, signing firm name on behalf of the firm
Execution clause (Scotland)—ordinary execution by a member for a limited liability partnership, signing firm name on behalf of the firm
Precedents

This is a precedent execution clause for a limited liability partnership entering into a contract under Scots law that does not require to be self-proving.

Execution clause (Scotland)—ordinary execution by an attorney acting under a power of attorney
Execution clause (Scotland)—ordinary execution by an attorney acting under a power of attorney
Precedents

This is a Precedent Execution clause for the execution of a contract under Scots law by an attorney appointed by one party to sign such contracts on that party's behalf.

Execution clause (Scotland)—ordinary execution by an individual
Execution clause (Scotland)—ordinary execution by an individual
Precedents

This is a Precedent Execution clause for an individual entering into a contract under Scots law that does not require to be self-proving.

Execution clause (Scotland)—ordinary execution by two members for a limited liability partnership
Execution clause (Scotland)—ordinary execution by two members for a limited liability partnership
Precedents

This is a Precedent Execution clause for a limited liability partnership entering into a contract under Scots law that does not require to be self-proving, and where the LLP agreement specifies that written contracts require to be signed by two or more members.

Execution clause (Scotland)—ordinary execution on behalf of a body corporate, by an authorised signatory, board member or the entity’s secretary
Execution clause (Scotland)—ordinary execution on behalf of a body corporate, by an authorised signatory, board member or the entity’s secretary
Precedents

This is a Precedent execution clause for a body incorporated by royal charter, act of parliament, etc entering into a contract under Scots law that does not require to be self-proving.

Execution clause (Scotland)—self-proving execution by a company by two authorised officials
Execution clause (Scotland)—self-proving execution by a company by two authorised officials
Precedents

This is a Precedent execution clause for a limited company entering into a contract under Scots law that requires to be self-proving and where two authorised signatories are available to execute the document.

Execution clause (Scotland)—self-proving execution by a company by two directors or a director and the company secretary
Execution clause (Scotland)—self-proving execution by a company by two directors or a director and the company secretary
Precedents

This is a Precedent execution clause for a limited company entering into a contract under Scots law that requires to be self-proving.

Execution clause (Scotland)—self-proving execution by a member for a limited liability partnership in the presence of a witness
Execution clause (Scotland)—self-proving execution by a member for a limited liability partnership in the presence of a witness
Precedents

This is a Precedent execution clause for a limited liability partnership entering into a contract under Scots law that requires to be self-proving.

Execution clause (Scotland)—self-proving execution by a member for a limited liability partnership, signing firm name on behalf of the firm
Execution clause (Scotland)—self-proving execution by a member for a limited liability partnership, signing firm name on behalf of the firm
Precedents

This precedent execution clause is for a limited liability partnership entering into a contract under Scots law that requires to be self-proving.

Other work

Execution clause (Scotland)—ordinary execution by a partner for a partnership, signing firm name on behalf of the firm
Execution clause (Scotland)—ordinary execution by a partner for a partnership, signing firm name on behalf of the firm

This is a precedent execution clause for a partnership entering into a contract under Scots law that does not require to be self-proving.

Execution clause (Scotland)—ordinary execution by a partner or authorised signatory for a partnership
Execution clause (Scotland)—ordinary execution by a partner or authorised signatory for a partnership

This is a Precedent Execution clause for a partnership entering into a contract under Scots law that does not require to be self-proving.

Execution clause (Scotland)—ordinary execution on behalf of a limited company, by an authorised signatory, director or company secretary
Execution clause (Scotland)—ordinary execution on behalf of a limited company, by an authorised signatory, director or company secretary

This is a Precedent execution clause for a limited company entering into a contract under Scots law that does not require to be self-proving.

Execution clause (Scotland)—self-proving execution by a partner for a partnership, signing firm name on behalf of the firm
Execution clause (Scotland)—self-proving execution by a partner for a partnership, signing firm name on behalf of the firm

This Precedent execution clause is for a partnership entering into a contract under Scots law that requires to be self-proving.

Execution clause (Scotland)—self-proving execution by a partner or an authorised signatory for a partnership
Execution clause (Scotland)—self-proving execution by a partner or an authorised signatory for a partnership

This is a Precedent Execution clause for a partnership entering into a contract under Scots law that requires to be self-proving.

Practice Area

Panel

  • Contributing Author

Qualified Year

  • 2009

Experience

  • MBM Commercial LLP (2018 - Present)
  • Core Mediation (2017 - 2018)

Membership

  • The Society of Writers to Her Majesty’s Signet

Qualifications

  • LLB (2006)
  • Diploma of Legal Practice (2007)

Education

  • University of Edinburgh (2006)

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