Jamie Gardiner

Year of Call: 2016

07799 518378
jamie.gardiner@advocates.org.uk
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[Mr Gardiner’s] submissions were well thought out and eloquently presented

Petition of the Scottish Parliamentary Corporate Body 2016

Jamie Gardiner specialises in cases combining legal and financial analysis.

On the legal side, Jamie has broad experience across commercial disputes. He particularly enjoys technical points of contractual / statutory interpretation – and finding them in factually ‘messy’ cases. From 2005-2007 he practised as a Barrister in London, so is able to advise on questions of English law.

On the financial side, he likes spreadsheets, cross-examining accountants and insolvency practitioners, complex corporate structures, quantifying loss, valuing companies and interrogating financial statements.

Jamie developed these skills as a Business Consultant. From 2007 to 2015, he worked (latterly as Director) in Accenture’s Trading, Investment and Optimisation team. He led projects in the energy, financial services and beverages sectors. His clients included BP, British Airways, Diageo and a major bank.

Jamie has an interest in animal law. He sits on the Advisory Board of the Animal Law Foundation and is interested in finding ways to better enforce farm animal welfare legislation.

Selected cases:

(Where the names of parties have not appeared in published opinions, initials have been substituted)

Commercial Dispute Resolution

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.

Professional Liability

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.

Trusts & Succession

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.

Tax

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.

Public Law

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.

 

Information Technology

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.

Intellectual Property

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

Personal Injury

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.

Construction

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.

Company

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.

Employment

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.

Restructuring / Insolvency

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.

Banking, Finance and Pensions

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.

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

Educational Background

  • BA Hons in Politics, Philosophy and Economics (Somerville College, Oxford University): 2000-2003

Professional Qualifications

  • Bar Vocational Course (Inns of Court School of Law): 2004-2005
  • Graduate Diploma in Law (University of Westminster): 2003-2004
  • Awarded Queen Mother and Diplock Scholarships; Awarded Middle Temple Lechmere and Colombos Prizes

English Legal Background

  • Called to Bar of England & Wales, 2005
  • Completed pupillage at 5 Paper Buildings, London, 2006
  • Seconded to HMRC Asset Recovery Unit, 2007
Appointments
  • Standing Junior Counsel to the Advocate General for Scotland (2018 – 2023)
  • Standing Junior Counsel to Scottish Government (2024 – present)
Court And Tribunal Experience

Court of Session (Inner and Outer House), Sheriff Appeal Court, Sheriff Court, All Scotland Personal Injury Court, Employment Tribunal, Crown and High Courts [England].

Publications

Recent presentations

  • Law Society of Scotland Law and Technology Event, 2018
  • Cyber Crime Conference, 2018
  • Ampersand Legal Technology Seminar, 2017
  • Professional Negligence Lawyers Association Conference, 2017
  • Law Society of Scotland In-House Conference, 2017

Recent articles

  • LegalTech: a primer for Scots lawyers, S.L.T. 2018, 2, 5-8
  • Litigation Value and Risk Analysis, J.L.S.S. 2016, 61(6), 12-15
  • New Insights Into Commercial Litigation Risk, S.L.T. 2016, 16, 79-81
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