Eoghainn CM MacLean

Year of Call: 1995

07803 016759 or 0141 560 2003
eoghainn.maclean@advocates.org.uk
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If you need someone in your corner, instruct Eoghainn… Superb on his feet in court…and wins cases.

Stuart MacFarlane, partner, Weightmans, solicitors

Eoghainn (pronounced “A1”) is a leading commercial litigator, ranked by Chambers and the Legal 500.

In 2020, he returned full time to the commercial bar after a year as permanent Crown Counsel, leading High Court (i.e. Crown Court) prosecutions in back to back jury trials, preliminary and sentencing hearings.

“If you need someone in your corner instruct Eoghainn. Quick to get up to speed. Superb on his feet in court – and he explains what is going on to clients. Best at complex commercial cases. Superb legal brain. Good with clients and wins cases.”
Stuart MacFarlane, partner & office head, Weightmans, solicitors, Glasgow

“Eoghainn is consistently thorough and very user-friendly. He is exceptionally good at analysing complex issues and explaining difficult concepts to clients.”
Fraser Geddes, partner & head of dispute resolution, Anderson Strathern, solicitors, Glasgow

“Eoghainn is a determined and focused litigator who pounces on the relevant facts and applicable law. He makes the complex understandable and navigates your case in the correct direction. You definitely want him on your side!”
Richard Frenz, partner & head of court department, Miller Hendry, solicitors, Perth

“Eoghainn relishes mastering complex issues …and will not shy away from running difficult cases.”
John McHugh, partner, Harper MacLeod, solicitors, Edinburgh

“Eoghainn is particularly good at presentation of the client’s case in Court. He has shown he “can deliver” in the most complex of cases.”
Drew Taylor, Consultant, Shepherd and Wedderburn, solicitors, Edinburgh

“Eoghainn’ s careful approach is invaluable in complex commercial cases”
Graham Craik, Partner, Levy & McRae Solicitors, Glasgow

“Eoghainn is an outstanding advocate who gave us the confidence to pursue our case and win.”
Eileen Gallagher OBE & Ann McManus, co-founders Shed Productions, London

Eoghainn has handled hundreds of commercial, competition, property (including planning and IP) and professional liability cases before the highest civil courts. He conducts them as lead counsel.

A pdf of his full CV is available from the tab on the left.

Commercial

Guidi v Clydesdale Bank plc & Promontoria (Chestnut) Limited 2021
Complex commercial action to over-turn pursuer’s bankruptcy following liquidation of his multi-£m property group by wealthy US vulture fund.

Paterson v Angelline (Scotland) Ltd 2021
Complex commercial court dispute for £1.5m due under agreement for sale of pharmacy group on finalisation of completion accounts.

The Rangers Football Club Ltd v Scottish Professional Football League Ltd & Doncaster 2020
High profile cooperate governance dispute with league body over its decision to end season 19/20 early due to pandemic and award championship to Celtic.

Hugh Hodge Ltd v R&C Rettie 2019
Defence of Court of Session action and counterclaim in complex contract farming dispute.

KPBOS Ltd v Burnhead Ltd & others 2018
Commercial actions in unjustified enrichment for repayment of £1m paid in advance of failed commercial and property transactions; interim security.

MKGH Ltd v HMRC, Root 2 Tax Ltd & EDF Tax LLP 2018
Advising on £4½m tax assessments, from EBT and Alchemy schemes, appeals, DOTAS notifications, accelerated payment, and follower, notices, judicial review and negligence proceedings.

MT Properties v RBS plc 2018
Complex £½m claim for mis-selling interest rate swaps.

EDQ Travel Ltd v Barrhead Travel Services Ltd 2017
Commercial action for accounting and payment following termination of franchise agreement.

Melville v Secretary of State for Business Innovation & Skills 2016
Complex application for leave to be a director of multiple companies while disqualified

City Refrigeration Holding (UK) Ltd v Dawn Construction Ltd & Others 2016
For design & build contractors at extensive proof in complex commercial action for £2.5m in damages for defective construction of headquarters building, involving design team & sub-contractors.

Retail Property Holdings Ltd v Dunne Building & Civil Engineering Ltd, WSP UK Ltd & Others 2015
For engineers at extensive proof in complex commercial action for £7m in damages for defective construction of large multi storey car park at leading retail shopping complex, involving contractors, professional team & sub-contractor.

BA Law Ltd, McManus & Gallagher v Conway 2015
Complex incorporated professional practice deadlock and private equity funding dispute and proceedings; protracted structured negotiations resulting in successful buy-out and debt restructuring.

Competition

Geek Gear Ltd v Geekycraftstuff Ltd & Lenaghen 2020
Commercial action to exclude the defenders from competing worldwide in the conduct of e-commerce business for the retail sale of Harry Potter and other wizardry themed products

City Cabs (Edinburgh) Ltd v City of Edinburgh Council 2016
Defence of public procurement action and recovery of evidence at hearings before proof.

Goodfellow Environmental Maintenance Ltd v Perth & Kinross Council 2014
Action for damages for bid-rigging and fraudulent disclosure of tenders in public procurement.

C&F Green Energy Ltd v Secretary of State for Energy and Climate Change 2011
Judicial review against restrictions on competition and loss of £20m of production caused by new scheme for accreditation of wind turbines for Feed-in Tariff payments.

Culture & Sport Glasgow (Trading) CIC v Glasgow City Council 2010
Public procurement dispute on application of rules, under EU and national law, to municipal authority’s “in-house” contracting structures.

Prestwick International Airport Facilities Ltd v Watson’s Ayr-Park Ltd 2005 SLT 1041, Prop LB 2006, 80, 6, to 2009
Private competition action to exclude off-site car parking competitor’s shuttle buses from airport’s roads opposed as an abuse   of a dominant position; interim remedies; complex economic and technical evidence and multiple experts; Inner House appeal; extended proof.

Glasgow Prestwick International Airport plc: Transport (Scotland) Act 2005 http://tinyurl.com/pl7tzso
Airport’s counsel in written and oral submissions to Scottish Parliament and Enterprise Committee on airport parking and transport competition issues.

Morton Machine Co Ltd v WAM Spa 2004
£2m private competition action for damages against Italian manufacturer for receipt of illegal state aids under EU law.

Property (Including Planning & IP)

Duke of Argyll v Ministry of Defence 2021
Novel £7m damages action for depositing explosive ordnance on land used as military range in WWII.

Hingston v Craigellen Assets Ltd 2021
Defence of commercial tenants’ action for declaration that office lease had been terminated 5 years early on invalid break notice.

Howard v Howard’s Executor 2020
Defence of complex action for reduction of testamentary disposal of rural land supposedly in breach of historical lifetime agreement

Josephine Marshall Trust v Charlton 2019 UT 34
For rural estate in successful appeal for repossession of private rented property which it intended to demolish in the face of an outstanding repairing standards enforcement order.

Buxton, McLeod & McAliece v Stoneywood Developments Ltd 2018
Batch of actions against housing developers for damages for reducing the size and value of pre-purchased houses during construction.

Blackhouse Watersports, Tiree v Argyle & Bute Council 2017 (PPA-130-2062)
For applicant at public hearing of planning application and in planning appeal for controversial island beach development

Galbraith v Hope Homes (Scotland) Ltd 2017
Defence of test action against housing developer for misrepresentations in sales of houses in mixed development.

Schaufuss v Glendola Leisure (Holdings) Ltd 2016
Defence of commercial action for implement of planning conditional sale of £2m city centre property founded on the application of the condition in light of the planning procedure and outcome.

Miller Developments Regeneration Ltd v A&D Logistics Ltd 2016
Defence of commercial action for implement of planning conditional £3m land purchase founded on the application of the condition in light of the planning procedure and outcome.

Ruxton v Haggart 2015
Defence at proof of action for implement of property purchase agreed in settlement of prior litigation founded on lack of common contractual intention.

City of Edinburgh Council 2014
Petition for authority to sell common good land, within UNESCO world heritage site, for multi-million-pound Market Street Hotel development.

Professional Liability

Huntaven Properties Ltd v Gunner 2018
Defence of complex £5m damages action for civil engineer’s supposed negligence in his expert evidence in prior construction dispute.

Bank of Ireland (UK) plc v Turner Macfarlane Green LLP & Another 2016
Defence of complex damages actions against solicitors for supposedly failing to prevent multiple mortgage frauds and hearings for enhanced indemnity expenses.

Bank of Scotland v Golds & Stirling, Eunson & Ferguson 2014
Complex commercial action for damages for two solicitors’ firms’ negligence in protracted property dispute.

Mortgage Express v Dallas McMillan 2013
Damages case for solicitors’ negligence in failing to prevent multiple mortgage frauds.

A Picken & Sons v South Ayrshire Council 2012
Public body’s liability in damages for losses caused to food retailer by mistaken identification of e-coli.

Forth Housing Association Ltd v McGhie, Chambers Ltd & Cheine & Tait 2011
Defence of damages action for financial advisors’ and auditors’ negligence; indemnity; personal bar; complex investment and accounting evidence and multiple experts.

Alexander George & Co (Investments) Ltd & Campbell v Burness 2010
£1m damages action for Solicitors’ negligence in failure to complete long term debt instrument re- negotiation and discharge; limitation; expert evidence.

Practice Areas
Clerks

Contact our clerks

Normal business hours are 9am to 5pm, Monday to Friday.

ampersandclerks@advocates.org.uk
+44 (0)131 260 5674 (9am to 5pm)

Alan Moffat

Advocates' Clerk

Away

Jennifer Dunn

Deputy Advocates' Clerk

(working days Mondays to Thursdays)

Away

Sheena Hume

Deputy Advocates' Clerk

Working in Office

Shawn McArthur

Deputy Advocates' Clerk

Working Remotely

Kathryn Ferguson

Deputy Advocates' Clerk

Working in Office

Emma Busby

Deputy Advocates' Clerk

Working in Office
Qualifications

Education

  • 1993-94, litigation, McGrigors (now Pinsent Masons)
  • 1989-93, traineeship & commercial, McClure Naismith
  • 1989 DipLP, Glasgow University
  • 1988 LLB (Private Law Honours), Glasgow University

Professional Qualifications

  • 1995, Advocate
  • 1991, Solicitor
Memberships

Recent Appointments

  • 2018-2019 Advocate-Depute: Full time Crown Counsel in High Court prosecutions
  • Faculty of Advocates Dean’s Council

Current Appointments

  • Since 2011 ad hoc Advocate-Depute: Crown Counsel in High Court prosecutions
  • Faculty of Advocates Disciplinary Investigating Committee
  • Director of Armstrong & Armstrong Ltd, property investment company
Publications

Recent Publications

Recent Teaching

  • 2017-18 Law Society Leadership Programme
  • 2017 Fraud in Commercial Contracts lectures, Law Society
  • 2014 Advocacy skills workshops for solicitors-written pleadings
  • 2013 Cross border football club transfers: competition law, lectures
  • 2013 Limitation of commercial claims, lectures
  • 2012 Procedure in commercial, judicial review & others causes, lectures
  • 2011-12 Advocacy skills workshops for solicitors-expert evidence2011-13 Advocacy skills workshops for solicitors-examinations in chief & cross

“Eoghainn Maclean was brilliant…” feedback 2011 course for Law Society

Recent Law Reviews

  • 2012 Faculty committee on UK legislative proposals on private actions in competition law
  • 2011 Faculty committee on EU legislative proposals for bank account preservation orders
Court and Tribunal Experience

Eoghainn regularly appears in the civil, commercial and appeal courts of Scotland, as well as other courts, tribunals and inquiries, including parliamentary hearings.  He has  been instructed for extended proofs, as well as individual hearings.  He has long experience of negotiating settlements of commercial disputes.

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