Giles Reid

Stephen and Dennis v Melville.

Acting for pursuers in four-day Court of Session proof concerning the validity of a loan agreement entered into between family members (with Jonathan Barne QC).

Nekrews v PMAC Scientific Limited.

Instructed for defenders in action concerning obligations to procure restrictive covenants from third parties contained in a share purchase agreement. This was the first case in Scotland or England to consider the enforceability of such a clause. The defender was successful at debate and on appeal to the Sheriff Appeal Court ([2018] SAC (Civ) 29; 2019 SC (SAC) 9).

Agilisys Limited v CGI IT UK Limited.

Instructed for defender in high-value dispute concerning the termination of an IT subcontract (with Craig Sandison QC). Appeared at debate ([2018] CSOH 26) concerned with interpretation of limitation of liability clause and at subsequent 19-day proof in the Commercial Court ([2018] CSOH 112).

Drika BVBA v Giles.

Acting for respondent in petition for enforcement of a judgment under the Brussels I Regulation following repeal of the relevant transitional provisions in the Rules of the Court of Session, raising issues of civil procedure and European Union law. Appeared at first instance ([2017] CSOH 131; 2017 SLT 1226) and in the Inner House ([2018] CSIH 42; 2018 SLT 823).

Peart v Promontoria (Henrico) Limited.

Instructed for pursuers in action brought against assignee financial institution seeking interdict of sequestration proceedings following expiry of a charge for payment on the basis of a unilateral variation of contract by the original lender. Appeared in Inner House in relation to the competency of a reclaiming motion where interim orders obtained before calling ([2018] CSIH 1; 2018 SLT 93) (as sole counsel) and in reclaiming motion dealing with the availability of interdict and the relevant bankruptcy legislation ([2018] CSIH 35; 2018 SC 581) (with Gavin Walker QC).

Macdonald v Clydesdale Bank Plc.

Acted for pursuer in Sheriff Court debate concerning a bank’s responsibility for statements made in relation to a tailored business loan, and issues of prescription ([2017] SC EDIN 65).

Instructed for pursuer in professional negligence claim brought in the Commercial Court against solicitors arising from errors made in settling a mesothelioma claim. Settled in the course of proof (with Craig Sandison QC).

D Geddes (Contractors) Limited v Neil Johnson Health & Safety Services Limited.

Junior counsel for defender in Commercial Court debate concerning whether recovery of a fine imposed on a company from the company’s health and safety advisor was precluded by the defence of illegality ([2017] CSOH 42; [2017] PNLR 21; [2018] Lloyds Rep IR 264) (with Murdo Macleod QC).

Instructed for purchaser in Commercial Court action arising from purchase of central Edinburgh property for £1.4m. Interim interdict successfully obtained to prevent sale of property to third parties.

Acting for defender directors in Court of Session action brought by a liquidator under section 212 of the Insolvency Act 1986 for restoration of assets said to have been misappropriated from a company.

Acting for defender in Court of Session action for breach of high-value contract of sale by purchaser, brought under the Sale of Goods Act 1979.

Instructed as junior counsel for pension administrator in high-value series of claims arising from alleged failed equalisation of pension schemes, raising issues of prescription (with Roy Martin, QC).

McKeen v AIG Europe Limited.

Acted for defender insurer in Sheriff Court action. concerning the insurer’s obligation to indemnify and avoidance of the policy. Action dismissed at debate.

Drika BVBA v Giles.  Acting for respondent in petition for enforcement of a judgment under the Brussels I Regulation following repeal of the relevant transitional provisions in the Rules of the Court of Session, raising issues of civil procedure and European Union law. Appeared at first instance ([2017] CSOH 131; 2017 SLT 1226) and in the Inner House ([2018] CSIH 42; 2018 SLT 823).

One of a team of junior counsel instructed by the Edinburgh Tram Inquiry in connection with the production and review of witness statements.

Instructed for amateur sportsman in respect of challenge to legality of governing body’s rules.

Acting for defender directors in Court of Session action brought by a liquidator under section 212 of the Insolvency Act 1986 for restoration of assets said to have been misappropriated from a company.

Giles is regularly instructed in relation to company petitions of various types, such as the late registration of charges, or the restoration of companies to the Register of Companies.

Instructed for defender company in high-value Court of Session action concerning quantification of a senior employee’s performance bonus (with Craig Sandison QC).

Nekrews v PMAC Scientific Limited.

Instructed for defenders in action concerning obligations to procure restrictive covenants from third parties contained in a share purchase agreement. This was the first case in Scotland or England to consider the enforceability of such a clause. The defender was successful at debate and on appeal to the Sheriff Appeal Court ([2018] SAC (Civ) 29; 2019 SC (SAC) 9).

Crossroads (Dunfermline) v Henderson.

Acting for successful employer in Sheriff Court proof for interdict and delivery against former employee concerning unauthorised retention of confidential information and intellectual property and the posting of defamatory statements.

Instructed for defender in Court of Session intellectual property action concerning infringement of copyright in published works and exceptions for academic study.

Crossroads (Dunfermline) v Henderson.

Acting for successful employer in Sheriff Court proof for interdict and delivery against former employee concerning unauthorised retention of confidential information and intellectual property and the posting of defamatory statements.

Acting for financial advisor in Court of Session professional negligence action arising from alleged mis-selling of investment products, involving issues of prescription of the obligation to make reparation.

Acting for defender in Sheriff Court action brought against accountant for failure to submit tax return.

Instructed for pursuer in professional negligence claim brought in the Commercial Court against solicitors arising from errors made in settling a mesothelioma claim. Settled in the course of proof (with Craig Sandison QC).

D Geddes (Contractors) Limited v Neil Johnson Health & Safety Services Limited.

Junior counsel for defender in Commercial Court debate concerning whether recovery of a fine imposed on a company from the company’s health and safety advisor was precluded by the defence of illegality ([2017] CSOH 42; [2017] PNLR 21; [2018] Lloyds Rep IR 264) (with Murdo Macleod QC).

Instructed as junior counsel for pension administrator in high-value series of claims arising from alleged failed equalisation of pension schemes, raising issues of prescription (with Roy Martin, QC).

One of a team of junior counsel instructed by the Edinburgh Tram Inquiry in connection with the production and review of witness statements.

Instructed for defender in Sheriff Court action concerning encroachment as the result of a newly-constructed extension.

Instructed for defender in Sheriff Court debate concerning creation of a servitude right of access over a rural property by positive prescription.

Instructed for defender in Sheriff Court action concerning property damage caused by construction works carried out in lower property.

Instructed for pursuer in Sheriff Court action concerning servitude right to run electricity cables following division of property.

Greenbelt Group Ltd v Walsh and Harrison.

Instructed for successful appellants (with David Thomson, QC). The case concerned whether owner-manager burdens were void as a result of being ‘monopolies’ under the Title Conditions (Scotland) Act 2003 and is the leading appellate-level decision in this area of the law ([2019] SAC (Civ) 9; 2019 Hous LR 45).

Instructed for defender public authority in Sheriff Court action concerning obligations under an option agreement for the purchase of a disused public building.

Acting for pursuer in Court of Session application in terms of the Arbitration (Scotland) Act 2010 for enforcement of arbitrator’s order for disclosure of documents in connection with a rent review of a commercial unit.

Miller v Smith.

Acted for appellant in appeal to the Sheriff Appeal Court concerning the requirements of writing, and the scope of the ‘offside goals’ rule ([2017] SAC (Civ) 26).

Acted for developer in action brought in respect of obligation contained in missives to construct drainage at a housing development. Instructed for Sheriff Court proof concerning issues of prescription.

Instructed for purchaser in Commercial Court action arising from purchase of central Edinburgh property for £1.4m. Interim interdict successfully obtained to prevent sale of property to third parties.

Acting for defender in Sheriff Court action brought against a utility provider concerning vesting of service media.

Instructed for pursuer in Sheriff Court nuisance action concerning damage to property as a result of drainage works.

Peart v Promontoria (Henrico) Limited.

Instructed for pursuers in action brought against assignee financial institution seeking interdict of sequestration proceedings following expiry of a charge for payment on the basis of a unilateral variation of contract by the original lender. Appeared in Inner House in relation to the competency of a reclaiming motion where interim orders obtained before calling ([2018] CSIH 1; 2018 SLT 93) (as sole counsel) and in reclaiming motion dealing with the availability of interdict and the relevant bankruptcy legislation ([2018] CSIH 35; 2018 SC 581) (with Gavin Walker QC).

Acting for noter in action brought under section 127 of the Insolvency Act 1986 for the validation of the purchase of a central Edinburgh property for £1.26 million from a company that subsequently entered liquidation.

Acting for defender directors in Court of Session action brought by a liquidator under section 212 of the Insolvency Act 1986 for restoration of assets said to have been misappropriated from a company.

Acting for the petitioners in an application under section 24 of the Trusts (Scotland) Act 1921 for appointment of executors to a lapsed trust where the last recorded title dated from 1971.

Instructed as junior counsel for the defender in Court of Session action brought against a executor for breach of duty (with Craig Sandison QC).

Instructed as junior counsel for the defender in a Court of Session action concerning the validity of a will (with Craig Sandison QC).

Acting for the petitioners in a petition to the Inner House for revocation of alimentary liferents and approval of a trust variation in connection with a high value executry estate (with Robert Howie QC).

Acting for the trustees of a public trust in connection with a petition to the Court of Session for variation under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.

Acting for respondent law firm in a High Court petition to recover documents by accused in a High Court trial relating to mortgage lending practices.