Nicholas McAndrew

Year of Call: 2020

07512 131733
nicholas.mcandrew@advocates.org.uk
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Nick McAndrew called to the Bar in 2020, having been a solicitor for five years in a large Scottish commercial law firm specialising in Construction Litigation. Since calling, Nick has continued to focus on Construction disputes, as well as a growing practice in Commercial Disputes and Planning & Environmental law issues.

Nick is rated as a Leading Junior (Band 1) in Legal 500 for Property, Planning and Construction disputes, with solicitors emphasising his strong written work and methodical approach to cases:

Legal 500 (2023): ‘Nicholas’ very clear drafting style simplifies and strengthens the core arguments of a client’s case, which is great for persuading the tribunal.’

Legal 500 (2022): ‘a first class junior, particularly when it comes to construction and engineering disputes’.
‘An incredibly able junior with a very calm, measured and methodical way of approaching cases. He is conscientious, and clear and concise in his advocacy.’

Nick is nominated for Junior Counsel of the Year in the Legal 500 Scotland Awards 2023.

Previously as a solicitor, and now as an Advocate, Nick has litigated in the Courts (Sheriff Court & Court of Session (Outer and Inner House)), Lands Tribunal, Adjudication, and at Arbitration.

Selected cases:

Construction

Oil States Industries (UK) Limited v “S” Limited & Ors 2022 CSOH 22: Junior Counsel for the pursuer (with the Dean of Faculty) in a claim against its project manager involved in the procurement of a building contractor. The case was the first in Scotland where bribery was advanced as a free-standing civil cause of action.

ICC Arbitration (Energy-from-Waste): Junior Counsel for the manufacturer of process plant (with Nick Ellis KC). Issues at arbitration include whether the performance criteria for the equipment was met, and the application of certain limitations/exclusions of liability. Presented legal arguments to the ICC Tribunal at Debate.

Callum Joinery v Bell Contracts Ltd: on behalf of the pursuer, successfully enforced the award of an Adjudicator in a Sheriff Court action. Met defences to enforcement based on the Adjudicator’s purported lack of jurisdiction and reasoning.

Van Oord v Dragados: Junior Counsel for the pursuer (with Gerry Moynihan KC) in: (i) multiple adjudication enforcement actions; and (ii) a successful Section 1 Petition for the recovery of a settlement agreement (understood to be the first case where documents were recovered for prospective Adjudication proceedings).

Tam Shilliday Plant Hire v Edge: Junior Counsel for the defender (with Nick Ellis KC) in a claim for enforcement of an adjudicator’s award. Involves the effect of a novation agreement on the jurisdiction of the Adjudicator.

Dragados UK v Chap Group: Counsel for the defender in a Court of Session claim for payment associated with the supply of construction materials.

Homeowner Disputes: regularly acts on behalf of homeowners and building contractors in disputes involving defects (internal and external) in private residential homes.

Professional Liability

Glasgow City Council v AHR Architects & Ors: Junior Counsel for the pursuer (with John MacGregor KC) in a claim arising from the alleged negligent specification of ground consolidation works associated with the construction of a nursing home.

Architect (Cladding claim): Junior Counsel for the Architect (with Gavin Walker KC) in multiple linked Court of Session actions seeking damages associated with cladding works (triggered by the Grenfell disaster).

Architect (Fire Protection): Counsel for the Architect in a Court of Session action relating to the alleged failure to install fire protection in accordance with Building Regulations. Initial procedure involves a debate on the proper interpretation of the Section 3(2) of the 1940 Act.

Architect/Contractor: Junior Counsel for Stornoway Port Authority (with Alasdair McKenzie KC) in a claim arising from the design of a fender system at Stornoway port.

Architect Architect/Contractor: Junior Counsel for the pursuer (with Alasdair McKenzie KC) in a claim arising from defects in a curtain walling system installed at a large student accommodation development in Edinburgh.

Solicitor: Counsel for the defender in a claim for negligence. Appearance at Debate leading to dismissal of the pursuer’s claim. Expenses recovered on an agent/client basis, with an additional fee.

Farm manager: Counsel for the pursuer in a claim for unpaid fees in respect of farm management services, and in a counterclaim based upon the alleged negligence of the farm manager.

Stable designer: Counsel for the defender in a claim arising from the alleged defective design and/or installation of a stable block. Complex expert evidence on the applicable standards for achieving wind resistance in a design.

Product Liability

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).

Public Inquiries

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.

Planning

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).

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).

Property/Landlord & Tenant

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.

Other Notable Cases

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.

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

Working Remotely

Jennifer Dunn

Deputy Advocates' Clerk

(working days Mondays to Thursdays)

Working Remotely

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 Remotely
Qualifications/Education

2019 – 2020: Devil, Faculty of Advocates.

Devilmasters: Alasdair McKenzie (Principal); Laura-Anne van der Westhuizen (Subsidiary); Simon Gilbride (Criminal)

2014 – 2019: Solicitor, Burness Paull (Construction Litigation)

2012- 2014: Trainee Solicitor, Burness Paull (6-month seats in Commercial Property, Dispute Resolution, Corporate Finance and Construction Litigation)

2011 – 2012: Diploma in Legal Practice (With Distinction); University of Glasgow

2007 – 2011: LLB with Honours (First Class); University of Glasgow

Awards

  • Lord Hope Scholar, Faculty of Advocates
  • Prize for top of year in Roman Law, University of Glasgow
Membership/Appointments

2022 – present: Member of Ampersand Advocates’ Management Committee

2021 – present: Tutor, University of Edinburgh (International Private Law)

2020: Ad hoc Reporter to the Professional Conduct Sub-Committee of the Law Society of Scotland

Publications
Presentations

Nick McAndrew speaks regularly at events. You can access one of his seminars on witness evidence (delivered on 19 June 2020) at this link: https://ampersandadvocates.com/webinars/ampersand-bitesized-conflicts-in-witness-evidence-how-does-the-court-decide/.

Please let us know if you would be interested in Nick speaking at an event or delivering CPD.