Jamie Gardiner

Russell v. Russell 2018 S.L.T. 264. Re the circumstances in which a solicitor will be personally liable for expenses on an agent and client, client paying scale.

MC v. SM [2018, advisory]. Re an accountant’s liability for negligent advice on the VAT liability of an intra-EU vehicle export business.

TS Limited v DM [2018, unreported]. Obtaining an interdict to prevent passing off on various websites. Issues regarding service abroad and foreign insolvency regimes.

B v. KP [2018, ongoing]. Re the negligence of an insolvency practitioner following failure to assign a cause of action.

Re S [2018, advisory]. Re a company’s share acquisition in breach of the Companies Act 2006.

RAM (in liquidation) v. HM&C Ltd [2018, ongoing]. Re whether the sale of heritable property was a gratuitous alienation.

Trustee-in-bankruptcy v. B [2018, ongoing]. Re whether the recipient of a gratuitous alienation is liable under the 1985 Act where they have repaid the debtor post-discharge.

Lothian Health Board v. SSE plc [2018, ongoing]. Re the absence of a connection agreement and resulting unjustified enrichment.

M IT S Limited v. W [2017, unreported]. Re a partner’s breach of fiduciary duty in an IT business, and the resulting action for count, reckoning and payment.

Local Authority v. B & Others [2018, ongoing]. Re dangerous building notices under the Buildings (Scotland) Act 2003.

RU v. WC [2018, ongoing]. Re the breach of a settlement agreement by way of an email, the provenance of which was disputed.

Cabot Financial Limited v. M & G [2017, ongoing]. Re assignation and intimation.

QSR v. JS & Others [2017, advisory]. Re whether the payment of employees’ wages to a third party constituted a constructive trust under Scots law.

KE Limited v. Aviva Insurance Limited [2017, ongoing]. Re the commencement of coverage under an insurance contract.

D v. A-B Limited [2017, settled]. Re the negligence of an architect in failing to obtain the requisite building permits.

MF v. PS Limited [2017, unreported]. Re the negligence of a financial advisor in recommending an inappropriate investment. Issues of prescription and vicarious liability.

CD Limited v. SDD Limited [2017, ongoing]. Re performance of a contract for the supply of doors.

K v. M [2017, unreported]. Re allegedly negligent decorating work done as part of a residential redevelopment.

BLC v. SH [2017, unreported]. Appeal from the Sheriff Principal where decree in absence had been awarded after the court rose and the defender was late returning.

Re RIML [2017, advisory]. Re the liability of company directors in the context of directors loans and an Employer Funded Retirement Benefits Scheme

Angus Growers & Others v. The Scottish Ministers [2016, settled]. With L. Dunlop QC and D. Ross QC. Re a Francovich damages case and resulting issues of forensic accounting and quantum.

L v. C & Others [2016, ongoing]. With R. Howie QC. Re alleged negligence in the redevelopment of a Glasgow building. Issues of prescription.

Re FE Limited [2016, advisory]. Interpretation of the Energy Act 2015 and the investment freezing condition.

Russell v. Russell 2018 S.L.T. 264. Re the circumstances in which a solicitor will be personally liable for expenses on an agent and client, client paying scale.

MC v. SM [2018, advisory]. Re an accountant’s liability for negligent advice on the VAT liability of an intra-EU vehicle export business.

B v. KP [2018, ongoing]. Re the negligence of an insolvency practitioner following failure to assign an interest rate hedging product related cause of action.

MS v. Health Board [2018, settled]. Re the removal of the wrong fallopian tube, and resulting issues of causation.

MA v. Lothian Health Board [2017, settled]. With A. MacSporran. Re causation and quantum issues resulting from allegedly negligent clavicle surgery.

D v. A-B Limited [2017, settled]. Re the negligence of an architect in failing to obtain the requisite building permits.

MF v. PS Limited [2017, unreported]. Re the negligence of a financial advisor in recommending an inappropriate investment. Issues of prescription and vicarious liability.

K v. M [2017, unreported]. Re allegedly negligent decorating work done as part of a residential redevelopment.

Russell v. Russell 2018 S.L.T. 264. Re the circumstances in which a solicitor will be personally liable for expenses on an agent and client, client paying scale.

QSR v. JS & Others [2017, advisory]. Re whether the payment of employees’ wages to a third party constituted a constructive trust under Scots law.

MC v. SM [2018, advisory]. Re an accountant’s liability for negligent advice on the VAT liability of an intra-EU vehicle export business.

Re RIML [2017, advisory]. Re the liability of company directors in the context of directors loans and an Employer Funded Retirement Benefits Scheme.

Re A [2016, advisory]. Re condemnation proceedings under the Warehousekeepers and Owners of Warehoused Goods Regulations.

Angus Growers & Others v. The Scottish Ministers [2016, settled]. With L. Dunlop QC and D. Ross QC. Re a Francovich damages case and resulting issues of forensic accounting and quantum.

Local Authority v. B & Others [2018, ongoing]. Re dangerous building notices under the Buildings (Scotland) Act 2003.

C v. D & Others [2018, ongoing]. Re historic child abuse. Issues of vicarious liability of local authority and quantum.

TM v. D & Others [2018, ongoing]. Re historic child abuse. Issues of vicarious liability of local authority and quantum.

Re CLH [2017, advisory]. Re interpretation of the Pipe-Lines Act 1962.

Petition of the Scottish Parliamentary Corporate Body 2016 S.L.T. 862. Re the proportionality of removing protestors from Scottish Parliament grounds. Lord Turnbull remarked that, “[Mr Gardiner’s] submissions were well thought out and eloquently presented.”

Angus Growers & Others v. The Scottish Ministers [2016, settled]. With L. Dunlop QC and D. Ross QC. Re a Francovich damages case and resulting issues of forensic accounting and quantum.

Re A [2016, advisory]. Re condemnation proceedings under the Warehousekeepers and Owners of Warehoused Goods Regulations.

Re FE Limited [2016, advisory]. Interpretation of the Energy Act 2015 and the investment freezing condition.

TS Limited v DM [2018, unreported]. Obtaining an interdict to prevent passing off on various websites. Issues regarding service abroad and foreign insolvency regimes.

RU v. WC [2018, ongoing]. Re the breach of a settlement agreement by way of an email, the provenance of which was disputed.

M IT S Limited v. W [2017, unreported]. Re a partner’s breach of fiduciary duty in an IT business, and the resulting action for count, reckoning and payment.

TS Limited v DM [2018, unreported]. Obtaining an interdict to prevent passing off on various websites. Issues regarding service abroad and foreign insolvency regimes.

MS v. Health Board [2018, settled]. Re the removal of the wrong fallopian tube, and resulting issues of causation.

C v. D & Others [2018, ongoing]. Re historic child abuse. Issues of vicarious liability of local authority and quantum.

TM v. D & Others [2018, ongoing]. Re historic child abuse. Issues of vicarious liability of local authority and quantum.

SM v. R RM Limited [2018, settled]. Re sexual harassment at work. Issues of quantum.

MA v. Lothian Health Board [2017, settled]. With A. MacSporran. Re causation and quantum issues resulting from allegedly negligent clavicle surgery.

CD Limited v. SDD Limited [2017, ongoing]. Re performance of a contract for the supply of doors.

K v. M [2017, unreported]. Re allegedly negligent decorating work done as part of a residential redevelopment.

L v. C & Others [2016, ongoing]. With R. Howie QC. Re alleged negligence in the redevelopment of a Glasgow building. Issues of prescription.

TRJ Limited v. M [2016, advisory]. Re procedure and enforcement following adjudication.

Re S [2018, advisory]. Re a company’s share acquisition in breach of the Companies Act 2006.

M IT S Limited v. W [2017, unreported]. Re a partner’s breach of fiduciary duty in an IT business, and the resulting action for count, reckoning and payment.

Re RIML [2017, advisory]. Re the liability of company directors in the context of directors loans and an Employer Funded Retirement Benefits Scheme.

APE Limited v. B [2017, advisory]. Re the interpretation of a shareholder’s agreement, convertible loan notes and a personal guarantee.

SM v. R RM Limited [2018, settled]. Re sexual harassment at work. Issues of quantum.

A v. A [2018, ongoing]. With D. Bain QC. Appeal from the EAT to the Inner House. Re unfair dismissal and discrimination.

OA v. SS Limited [2018, unreported]. Application for extension of time following judgment in default.

WD v. LBG Limited [2018, unreported]. Final hearing re unfair dismissal.

B v. KP [2018, ongoing]. Re the negligence of an insolvency practitioner following failure to assign a cause of action.

RAM (in liquidation) v. HM&C Ltd [2018, ongoing]. Re whether the sale of heritable property was a gratuitous alienation.

Trustee-in-bankruptcy v. B [2018, ongoing]. Re whether the recipient of a gratuitous alienation is liable under the 1985 Act where they have repaid the debtor post-discharge.

AG Inc v. KP [2018, ongoing]. Creditor’s application for directions in a sequestration.

QSR v. JS & Others [2017, advisory]. Re whether the payment of employees’ wages to a third party constituted a constructive trust under Scots law.

BLC v. SH [2017, unreported]. Appeal from the Sheriff Principal where decree in absence had been awarded after the court rose and the defender was late returning.

B v. KP [2018, ongoing]. Re the negligence of an insolvency practitioner following failure to assign an interest rate hedging product related cause of action.

Re S [2018, advisory]. Re a company’s share acquisition in breach of the Companies Act 2006.

AIL v. M [2018, ongoing]. Re the enforceability of a personal guarantee.

Cabot Financial Limited v. M & G [2017, ongoing]. Re assignation and intimation.

MF v. PS Limited [2017, unreported]. Re the negligence of a financial advisor in recommending an inappropriate investment. Issues of prescription and vicarious liability.

BLC v. SH [2017, unreported]. Appeal from the Sheriff Principal where decree in absence had been awarded after the court rose and the defender was late returning.

Re RIML [2017, advisory]. Re the liability of company directors in the context of directors loans and an Employer Funded Retirement Benefits Scheme.

APE Limited v. B [2017, advisory]. Re the interpretation of a shareholder’s agreement, convertible loan notes and a personal guarantee.