Nicholas McAndrew

Wyness v Scottish Hydro Electric Power Distribution plc: Junior Counsel for the respondent (with Ailsa Wilson KC) in a claim by a landowner for compensation arising from the grant of a necessary wayleave (Para. 7(1) of Sch. 4 to the Electricity Act 1989).

Public Inquiry (Section 37): Junior Counsel for Scottish Hydro Electric Transmission plc (with Marcus McKay KC) in a public inquiry arising from an application for consent for an overhead line (under Section 37 application under the Electricity Act 1989). Successful in obtaining planning consent (see Inquiry Report underpinning the Scottish Ministers’ decision here).

Public Inquiry (CPO): Junior Counsel for Scottish Power Transmission (with Douglas Armstrong KC) in a public inquiry arising from a Compulsory Order. The acquired land/rights would facilitate the construction of 9.3km overhead line between Glenmuckloch and Glenglass (the ‘GGRP’).

Judicial Review (Section 37 Consent): Junior Counsel for Scottish Power Transmission (with Douglas Armstrong KC), as interested party, in the petitioners’ challenge of the Scottish Ministers’ decision to grant Section 37 consent for the GGRP project.

Public Inquiry (CPO): Junior Counsel for Berwick Bank Wind Limited (with Marcus McKay KC) in a public inquiry arising from a Compulsory Purchase Order. The acquired land would facilitate the construction of the Berwick Bank Wind Farm (which, if consented, would be one of the largest offshore wind projects in the world).

Granton Central Developments Ltd v Penbrook (2022): acted for the defender in a claim for service charges imposed over land included within a wider estate. Action abandoned by pursuer.

Opinions in relation to: (i) pre-emption rights; (ii) nuisance; and (iii) servitude/access disputes.

Edward Leishman v Alexander Noble [2024] SAC (Civ) 46: successfully represented the pursuer in an appeal focused on the issue of whether a document titled ‘Head of Terms’ created a binding contract. The Sheriff at first instance had dismissed the action, however the appeal court agreed that it was a ‘classic case’ for proof before answer.

Company Law (Breach of Warranty): Junior Counsel for the defender (with David Thomson KC) in a claim relating to the alleged breach of warranty under a share purchase agreement. Complexity associated with the date at which loss fell to be assessed.

Suspension of Charge: obtained interim orders suspending the Summary Warrant, and associated Charge for Payment, under a loan agreement. Feedback from instructing agent: ‘thank him for doing an excellent job at very short notice. My client was delighted.’

Sequestration: obtained interim interdict to prevent the sale of a portfolio of houses registered in the name of the sequestrated party but, in the pursuer’s position, held in trust for a partnership.

General insolvency: drafting applications to the court for approval of liquidators’ fees and early dissolution. Advice in ongoing cases relating to the Third Parties (Rights Against Insurers) Act 2010.

N v Astora Woman’s Health LLC: Junior Counsel (with Nick Ellis KC) for the manufacturer of a woman’s mesh product (see Direction No. 2 of 2015: ‘Personal injury and/or Product liability Actions relating to the use of vaginal tape & mesh’). During the adjustment phase, successfully opposed the pursuer’s motion seeking disclosure of financial and insurance details, appearing alone in the Outer House and then with Senior Counsel in the Inner House (see: N v Astora Woman’s Health LLC 2022 CSIH 6).

Scottish Hospitals Inquiry: Junior Counsel for the Architect (with Murdo Macleod KC) in the Scottish Hospitals Inquiry, which is exploring inter alia whether any issues with the design and construction of the Glasgow and Edinburgh hospitals compromised patient safety.

Acting for the defender (a building contractor) in a claim for £1.4M relating to the cost of removing railway apparatus in support of motorway improvement works.

Acting for the pursuer (a pension fund) in a claim for £4.8M, relative to multiple defects in a city centre office building.

Acting for the pursuer (an international supplier of building materials), whose product had failed due to the incorporation of alleged defective aggregate material supplied by a quarry company.

Acting for the claimant (an installer of underground cables) in a claim at arbitration for £2.4M against its employer, a national utilities company.

Acting for the contractor claiming payment of its final account for the construction of three hotels. Parallel procedure involved: (i) recalling an interim interdict of adjudication proceedings; and (ii) commencing an action for payment in the Court of Session and obtaining orders for interim diligence. Mars Black Sheep Hotels Limited v Douglas & Stewart Limited 2019 CSOH 2019.

Acting for the pursuers (building developers) in a claim for £600k against the designer of a road structure.

Acting for the pursuer (a building developer) in a claim against its contract administrator arising from the failure to issue an interim certificate and the premature certification of practical completion.

Acting for the designer of an energy from waste facility, successfully defending a negligence claim (seeking damages in excess of £1M) relating to alleged non-compliance with fire and pressure safety regulations.