Christian Marney FCIArb

Christopher Dailly t/a Jumbobridging v Anthony Adler; Aberdeen Sheriff Court 5th August 2016;
Contract for professional services reduced on basis of misrepresentation and failure to disclose on part of pursuer where contract was to be one of the utmost good faith.

Campbell Construction Group Ltd v Scottish Water 2015 SLT (Sh Ct) 159
Successful recovery of substantial damages from Scottish Water arising from flood damage to construction works. The court had to consider the application of contractual indemnities; assignation; the proper construction of Section 10 of the Water (Scotland) Act 1980; arguments of double recovery and the doctrine res inter alios acta.

G v Watson [2013] SLT 934
Company Law – allegations of bribery; disciplinary action taken against Managing Director; relationship between contract and Articles of Association; relationship between group companies; construction of contracts; remedies – interim interdict and suspension under petition procedure; availability of judicial review in an employment dispute. With Herriot Currie QC.

Scotland Gas Networks Plc v Scottish Water [2012] G.W.D. 11-220
Acted for defenders in a claim for damage to the gas main said to have been caused by water discharging from water main. The court had to consider section 141 of the New Roads and Streetworks Act 1991; expert evidence on causation; proximity of utilities; the existence, nature and scope of any co-existent common law duty.

Credential Jersey Ltd v DLA Piper Scotland LLP [2012] CSOH 96
Solicitors duties to client; misrepresentation; distinction between company holding and unit trust; loss of sale of property portfolio through sale of unit trust; reflective loss. With G. Hanretty QC.

Paterson v McLeod [2017] CSOH 20.
Successful defence of substantial damages claim arising from accident on rural road. Consideration of status of conviction and attempt
to rebut presumption arising therefrom. With G Hanretty QC.

Steel v McGill’s Bus Service Ltd [2015] Rep. L.R. 39
Liability of bus company to unseated passenger.

Shepherd v Travelodge Hotels Ltd [2015] Rep L.R. 2
Successful defence of action for damages arising from 3rd party oil spill at a Travelodge car park and subsequent slip by motorcyclist
having left the car park and arrived at his subsequent destination. Occupiers Liabilty (Scotland) Act 1960.

Clark v City of Edinburgh Council [2011] Rep. L.R. 11
Successful defence of claim for credit hire charges for replacement vehicle following minor road accident. Examination of issues of failure to mitigate loss; the nature of impecuniosity; reasonable costs for replacement vehicle.

EIS v Glasgow City Council [2014] SC 457
For Glasgow City Council, with Gerry Moynihan QC, in an action brought by the teachers union, the EIS, challenging the Council’s approach to the staffing of nursery schools and in particular the appointment of non-teachers to management posts. The litigation raised by way of petition for judicial review raised issues of employments rights; consultation and interpretation of legilation relating to the provision of nursery education in Scotland.

Ireland v Dundee City Council [2015] G.W.D. 40-635
For Dundee City council in an application brought by a tenant of local authority house. Tenancy formerly joint with father. He had moved on to sheltered accommodation before passing away. Tenant did not benefit from preserved right to buy.

McLintock v Glasgow City Council; Employment Tribunal 16 December 2011;
Alleged rape of child in foster care; no prosecution; dismissal; alleged unfair dismissal; evidence – duties of employer in such circumstances.