Timothy Young

Murray v. HMA [2022] HCJAC 14
Acting for Petitioner in a petition to the nobile officium of the High Court of Justiciary heard before a bench of 5 judges challenging a finding of contempt, including arguments as to the compatibility of the finding with the Petitioner’s right to freedom of expression under Article 10 of the ECHR.

Petition to the Nobile Officium by SU [2021] CSIH 65
Acted as Junior Counsel for the Scottish Ministers in a hearing on the competency of a petition to the nobile officium arising out of referral proceedings within the Children’s Hearing system (with M Stuart QC)

Steele v. Deputy Chief Constable of the Police Service of Scotland [2021] CSOH 65
Appeared as junior counsel for the Petitioner, the General Secretary of the Scottish Police Federation, in judicial review of decision to commence misconduct proceedings against him in respect of a Tweet (with the Dean of Faculty (RW Dunlop QC).

Booth and Philp v. Highland Council [2020] CSIH 70
Appeared as junior counsel for the respondent in successful challenge to competency of reclaiming motion in a judicial review.

BC & ors v. Chief Constable of the Police Service of Scotland [2020] CSIH 61
Appeared as junior counsel for the petitioners in important judicial review about the collateral use of material recovered in a criminal investigation for the purposes of a disciplinary hearing (with Craig Sandison QC)

BC & Ors v. Chief Constable of the Police Service of Scotland[2019] CSOH 48
Appeared as junior counsel for the Petitioners in substantive first hearing in an important judicial review about the collateral use of material recovered in a criminal investigation for the purposes of a disciplinary hearing (with Craig Sandison QC)

BC & ors v. Chief Constable of the Police Service of Scotland [2018] CSOH 104
Appeared as junior counsel for the Petitioners in successful preliminary hearing in a judicial review about the derivative use of material recovered in a criminal investigation for the purpose of disciplinary hearing (with Craig Sandison QC).

A v. Harrower 2018 JC 93
Appeared as junior counsel for the petitioner in important case about reporting restrictions for complainers in criminal cases (with Kenny McBrearty QC)

Oil States Industries (UK) Limited v. S Limited [2022] CSOH 52
Acting as junior counsel for an individual director in connection with allegations of bribery in order to procure a commercial contract (with Garry Borland KC)

Trustees of the ABE Pension Fund v. British Polar Engines Limited [2021] CSOH 118
Acted for the Defender in a commercial court debate on the proper interpretation of an arbitration clause and loss of right to found upon an arbitration clause under sec. 10 of the Arbitration (Scotland) Act 2010.

Wilson v. Graeme W Cheyne (Builders) Limited [2021] SAC (Civ) 24
Appeared as sole counsel for appellant in dispute over enforcement of adjudication award and service of interim payment application on a Contract Administrator that had resigned.

HCC International Insurance Company Plc v. Scottish Ministers [2021] CSOH 53
Appeared as junior counsel for the Pursuer in multi-million pound dispute over proper interpretation of an Intercreditor Agreement arising from the Scottish Minsters acquisition of Ferguson Marine business (with Kenny McBrearty QC).

Cheyne & Anor v. Alfred Cheyne Engineering Limited & Anor [2021] CSOH 17
Appeared as junior counsel for the Respondent at a commercial court debate examining the principles of, and Court’s powers in relation to, an extra-judicial offer to resolve an unfair prejudice petition under sec. 994 of the Companies Act 2006 (with Jim Cormack QC).

AWPR Construction JV v. Everprime Ltd & ors [2020] CSOH 78
Appeared as junior counsel for the 7^th Defender at a Procedure Roll hearing (debate) in a large multiplepoinding in the Court of Session arising out of commercial contracts concerning the Aberdeen Western Peripheral Route construction project.

Patersons of Greenoakhill Limited v. Glasgow City Council [2020] CSOH 43
Appeared as junior counsel for the pursuer in commercial court debate in relation to dispute over breaches and purported termination of a bulky waste recycling contract (with Martin Richardson QC)

WM Morrison Supermarket Plc v. LEM Estates Limited & ors [2020] CSIH 31
Appeared as junior counsel for Pursuer in commercial court debate on issues of contractual interpretation, personal bar, and prescription arising from a construction contract dispute.

Agilisys Limited v. CGI IT UK Limited [2018] CSOH 112
Appeared as junior counsel for successful Pursuer in 4-week Proof in the Commercial Court in multi-million pound IT contract dispute.

Promontoria (Henrico) Limited v. Wilson & anor [2018] SAC (Civ) 21
Appeared as junior counsel for the Respondents in substantive appeal and subsequent motion by appellant to withdraw concession made at first instance.

Peter Stewart v. UK Acorn Finance Limited [2018] CSOH 31
Appeared as junior counsel for Defender in successful defence of an action for reduction of a Sheriff Court Decree (with Simon Bowie QC)

Agilisys Limited v. CGI IT UK Limited [2018] CSOH 26
Appeared as junior counsel for the Pursuer in successful commercial court debate on construction of exclusion clauses in a large commercial IT contract dispute.

Petition of Capital Document Solutions Limited [2016] CSIH 88; [2016] CSOH 140
Acted for Respondent in relation to issue of expenses of a Section 1 Petition and Interdict proceedings against a company and director in respect of obtaining of confidential information.

Macallans v. W. Burrell Homes Limited [2016] SC Gla 79
Acted for Claimant in Debate as to the competency and relevancy of claims on a fund in medio in a multiplepoinding in Glasgow Sheriff Court.

The Tartan Army Limited v. Sett GmbH & Ors [2015] CSOH 151
Acted as sole counsel for a director in a debate in an Intellectual Property action. The case concerned the liability of a director for alleged infringement of a trademark by a company. The case raised complex issues of piercing the corporate veil and accessory liability of directors.

Skipton Financial Services Limited v Paul Allan [2014] CSOH 106
Successful hearing on motion to grant interim interdict in respect of non-solicitation and non-dealing restrictive covenants in an employee’s contract.

The Tartan Army Limited v. Sett GmbH & Ors [2017] CSOH 22
Acted for successful Defender company in action for infringement, and counterclaim for invalidity, of trade marks in the name Tartan Army.

Castle Street (Dumbarton) Developments Limited v. Lidl Great Britain Limited (9 November 2022, LTS/TC/2021/0031)
Acted for landowner in successful challenge in the Lands Tribunal for Scotland to the validity of a title condition seeking to impose a restraint on trade.

Pattinson v. Matheson [2022] CSIH 43
Acted as counsel for the Respondent in important decision in the Inner House on the operation of sec. 16 of the Succession (Scotland) Act 1964 on transfer of crofting tenancies.

Moorbrook Textiles Limited v. Scottish Ministers (May 2022, Unreported)
Acted as counsel for the Respondent in an appeal to the Sheriff at Selkirk against registration of a community interest in land under the Land Reform (Scotland) Act 2003

Coleman & another v. J&S Wight Limited SLC/122/19 (14 May 2021)
Acted for respondent in dispute over validity of Notices to Quit served under a 1991 Act tenancy, and related dispute over formation of tenancy in the first place.

Cornerstone Telecommunications Infrastructure Limited v. Scottish Fire and Rescue Service (LTS/ECC/2020/0032)
Appeared as sole counsel for the Respondent in dispute in the Lands Tribunal for Scotland over the terms of an agreement under the Electronic Communications Code, and the correct approach to expenses in the event of agreement being reached during the proceedings.

Forsby Properties AB and Another v. MacQueen SLC/45/18 (31 July 2020 and 22 January 2021)
Appeared as sole counsel for the respondent agricultural tenant in dispute over the existence and extent of 1991 Act agricultural tenancy, and related dispute over expenses.

MacBean v. Scottish Water [2020] CSOH 55 and [2021] CSIH 36
Appeared as junior counsel for the Pursuer in long running dispute over nuisance caused by a Waste Water Treatment Works, and the success of subsequent remedial works (with Andrew Smith QC).

British Telecommunications Plc v. Morrison (4 August 2020, LTS/ECC/2020/0018)
Appeared as junior counsel for the Applicants in successful application to the Lands Tribunal for Scotland seeking the grant of Interim Code Rights under the Electronic Communications Code.

Ardnamurchan Estates Limited v MacGregor & anor [2020] SAC (CIV) 2
Appeared as junior counsel for the Defender in the Sheriff Appeal Court in important case on the validity of self-granted a non domino dispositions for the purpose of positive prescription.

Swift Advances Plc v. Martin & Ors. [2015] CSIH 65
Acted as sole counsel for Mr. & Mrs. Martin in an appeal to the Inner House concerning the calling-up of a standard security, and compliance with the pre-action requirements.

Lormor Limited v. Glasgow City Council [2014] CSIH 80
Acted for Lormor (with Alistair Clark QC) in an appeal to the Inner House concerning service of notices to quit under a lease of commercial property.

Asertis Limited v. Dunn [2022] CSOH 87
Acted as counsel for pursuer in a successful claim in respect of gratuitous alienations under sec. 242 of the Insolvency Act 1986.

Liquidators of RFC 2012 Plc v. Clark and Whitehouse [2021] CSOH 99
Acted as junior counsel for the joint liquidators of RFC 2012 Plc (formerly Rangers Football Club Plc) in successful claim for compensation against the former joint administrators for breach of duty under paragraph 75 of Schedule B1 of the Insolvency Act 1986.

Notes of Joseph and Donalda Sweeney [2020] CSIH 65
Acting for respondent in two separate notes in the liquidation of West Lark Limited in relation to challenges to decision of a liquidator and assignation of creditors’ claim under the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 (with Craig Sandison QC).

Note of Donalda Sweeney [2020] CSOH 9
Acted as junior counsel for the first respondent in Note seeking assignation from the first respondent under Rule 7.21 (4) of the Insolvency (Scotland) (Receivership and Winding Up) Rules 2018 (with Craig Sandison QC)

Note of Joseph Sweeney [2020] CSOH 6
Acted as junior counsel for the third respondent in Note under sec. 167 (3) of the Insolvency Act 1986 challenging the decision of a liquidator to not raise proceedings (with Craig Sandison QC).

MacGregor v. MacGregor (8 March 2019, unreported, Glasgow Sheriff Court)
Appeared as junior counsel for the Pursuer in a successful debate about prescription and the relevancy of a claim against an executrix arising out of an estate administered over 20 years ago.

Mr. Pinder’s Trustees v. Phoenix Life Limited [2015] CSOH 96 
Acted as sole counsel for Phoenix Life in a two-day debate in the Commercial Court in a dispute about payment of a life assurance policy held in trust. The case raised complex issues of trust law, succession, and conflict of laws.