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.
As instructing Solicitor
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 roundabout 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.