Intermoor Ltd Petitioners (Aberdeen Sheriff Court 2013 unreported)
Acted for the provisional liquidator in winding-up petition in which the respondents unsuccessfully argued that the interests of the creditors were best served by the company remaining in provisional liquidation rather than being wound up
S & A Kilcoyne v Killearn Homes (Sheriff Principal Dunlop 2013 unreported)
Acted for the pursuers in opposing defenders’ appeal against the allowance of proof before answer in an action for payment of sums due under a building contract
Maurice Macneill Iona Ltd v Fife Properties Ltd (Sheriff Principal Dunlop, Kirkcaldy Sheriff Court 2013 (unreported)
Acted for the pursuers in an appeal against refusal of interim interdict against breach of a franchise agreement restraining competition
Rock Unique v Macintyre (Sheriff Principal Kerr, Paisley Sheriff Court – currently at avizandum)
Acted for the pursuers in a claim for payment for the supply of a quantity of stone. The case involved an issue of novation of a pre-existing contract by the defender
Maurice McNeill Iona Ltd v McLean (2011 GWD 23-514)
Acted for the pursuers in a debate in an action for payment of sums due under a franchise agreement. The sheriff excluded the defenders’ averments of breach of contract from probation
Page v GE Money Home Lending Ltd (Lord Menzies, 2010 unreported)
Acted for the defenders in an action for reduction of a standard security. The defenders counterclaimed in respect of the pursuer’s unjust enrichment. At procedure roll the pursuer sought dismissal of the counterclaim. Proof before answer was allowed
Watertite Ltd v North Lanarkshire Council [2010] CSIH 50
Acted for pursuers in an action for payment of commission due to them in terms of a consultancy agreement. Conducted the proof before the sheriff and appeared with Simon Di Rollo QC in the Inner House where the defenders’ appeal was refused
DFR Properties Ltd v Glen House Properties 2007 SC 74
Acted for the defenders in a sheriff court proof in an action of damages for breach of contract. The defenders’ case involved the implication of a term in fact in a commercial factoring agreement. Appeared with Alan Dewar QC in the pursuers’ appeal to the Inner House, which was refused.
Sweet Service Ltd v MacCallum 2005 SCLR 376
Acted for the pursuers in an action for rectification of a contract. Conducted a successful appeal to the sheriff principal against an award of expenses
Advocate General v Zaoui 2001 SC 448
Appeared for the respondent in an appeal to the Inner House against an interlocutor of the sheriff allowing proof of the sufficiency of security offered by the debtor in opposition to the sequestration of his estates
Roy v MR Pearlman Ltd 1999 SC 459
This was an early example of the interpretation in Scotland of the Commercial Agents (Council Directive) Regulations 1993. Conducted a procedure roll debate for the defenders where the relationship between the Directive and the existing Scots law of agency was explored