Tony Jones KC

Dale House Developments Ltd v Ronnie [2025] PNLR 179
Commercial Proof Before Answer on liability and quantum. Dispute arising out of a disputed property valuation.

McGleish v Tough & Leslie [2018] Sheriff Appeal Court PAI-A31-15
Appeal relative to Section 31 of the Bankruptcy (Scotland) Act 1985 and whether a Trustee in Bankruptcy had negligently taken the proceeds of a policy of insurance.

McClure Naismith LLP & another v Harley Haddow Partnership and others [2017] CSOH 125
Instructed for the Pursuers, Commercial Court debate about Prescription.

MacRoberts LLP v McCrindle Ltd 2017 SC 1 and [2016] PNLR 28, Inner House
Contract — Construction — Implied term —
Contract of services between solicitor and client

Whether implied term that the firm would not place itself in a position where there was a real possibility of its interests conflicting with those of the client.

Agent and principal — Fiduciary duty — Breach of fiduciary duty — Whether inadvertent destruction of meetings notes breach of fiduciary duty

AP v Duncan & others [2016] CSOH 111, Lord Glennie
Instructed for a GP defender in action alleging medical negligence.

MacRoberts v McCrindle Group Ltd [2014] CSOH 99, Lord Tyre
First instance decision, Commercial Court proof before answer where the Defenders counter claimed for alleged professional negligence arising out of an Arbitration.

Hunter v Fleming & Reid, February 2012 Sheriff Adair at Glasgow Sheriff Court
Acting for Defending solicitors at proof relative to an alleged failure to raised proceedings in time.

Hunter v Fleming & Reid 13 April 2011, Sheriff Adair at Glasgow
Successfully acting for the Defenders at Debate.

Fraser v PGA [2008] CSIH 53
Reclaiming motion. Successfully acting on behalf of the Professional Golfers’ Association defending a claim by a former member. The Pursuer asserted that the examiner had negligently marked him as failing his PGA exam.

Mathews v Hunter & Robertson 2008 SLT 634 and [2008] PNLR 35, Lord Brodie
Successfully acting for the defenders in having the action dismissed.

Reparation — Negligence — Duty of care — Solicitors — Failure to evacuate a survivorship clause in a disposition

Whether duty of care owed to executor nominate — Relevancy.

Process — Pleadings — Relevancy — Professional negligence

Alleged failure by solicitors to evacuate a survivorship clause in a disposition — Whether duty of care owed to executor nominate.

Khosrowpour v Murray Beith Murray, 2007 GWD 24-419, [2007] CSOH 132 OH Lord Glennie
Instructed for the Defenders relative to allegations of professional negligence arising out of the termination of a lease.

Fraser v PGA [2006] CSOH 129, First instance PBA before Lord Wheatley
Successfully acting for the PGA at Proof before Answer.

Thomson v Newey & Eyre 2005 1 SC 373 and 2005 SLT 439 (Inner House)
Appearing on behalf of the Third Party at the Reclaiming motion regarding an argument under Section 19A of the Prescription and Limitation (Scotland) Act 1973.

Tolley v Abbey Life CSOH 7 May 2004 Lord Mackay of Drumadoon
Acting for the Defenders at Debate in the Commercial Court relative to allegations that the Defenders had negligently paid out on a life policy.

BPL Contracts v Beattie FRC Ltd [2026] CSOH 22
10 day Ordinary Proof Before Answer – acting for defenders relative to two oral contracts the terms of which were disputed.

WM Morrison Supermarkets PLC v LEM Estates & Ors [2020] CSOH 31
Acting for the Defenders at Procedure Roll debate.

McClure Naismith LLP & another v Harley Haddow Partnership and others [2017] CSOH 125.
Instructed for the Pursuers. Commercial Court debate on prescription.

Dickerson v Edinburgh Construction Group Ltd (In Liquidation) 18 January 2016, Sheriff Court Appeal Court.
Successfully resisting an Appeal for the Pursuer and Respondent.

Dickerson v Edinburgh Construction Group & another, Sheriff Maciver
Proof Before Answer seeking damages from a construction company relative to an escape of water from their site.

Esso Petroleum Company Ltd & another v The Scottish Ministers & others [2016] CSOH 15
For the Third to Seventh Defenders (M74 Joint venture) in resisting aspects of the Pursuers’ claim relative to alleged contamination of their land.

Esso Petroleum Company Ltd & another v The Scottish Ministers & others [2015] CSOH 21
Debate in Commercial Court.

Orchard Construction Services Ltd v John McGeady Ltd, 9 May 2013, Sheriff Deutsch
For the Pursuers at Commercial Court Proof Before Answer seeking payment in respect of the supply and installation of goods in construction works.

Scottish Widows v Kershaw Mechanical Services Ltd 2012 SLT 68
6 day Commercial Court Debate and subsequently at the Reclaiming motion relative to the terms of a Collateral Warranty.

The University of Glasgow v Melville Dundas CSOH 23 April 2004 RF MacDonald QC
Acting for the Pursuers at Procedure Roll.

Highland Wood Energy Ltd v The Highland Council [2018] CSOH 77
Commercial Court debate regarding a Framework Agreement and whether terms were stepped down into another contract said to be a Call off Contract.

Adlaq Ltd v Scottish Power Energy Retails Ltd [2016] CSOH 162 Lord Tyre, Commercial Court.
Successfully acting for the Pursuers at Commercial Court relative to the terms of a contract for the supply of data.

Dunedin Independent plc v Kenneth Welsh [2006] CSOH 174, Lady Clark of Calton
Successfully acting for the Defender at a ten-day PBA resisting an action for interdict and damages arising out of the Defenders former employment with the Pursuers.

Dunedin Independent Plc v Kenneth Welsh, CSOH 16 April 2004, Lord Menzies
Successfully having portions of the Pursuers’ pleadings excluded from probation at Procedure Roll.

Acting in 6 Petitions relation to schemes under part 26 of the Companies Act 2006.

Acting for petitioners in several cross border petitions.

Samuray v Asanov [2026] CSOH 64 and [2025]IL Pr 730
Acting for the Defender at commercial court debate and later proof before answer. Dispute arising from a share sale and purchase agreement and parallel loan agreement.

Issues of private international law, jurisdiction and interpretation of contracts.

Ruby Properties (Scotland) Ltd v Mr & Mrs Watt [2025] CSOH 61
Acting for the Pursuers at both the preliminary proof on breach and at the subsequent debate (at Avizandum) in relation to breaches of warranty under a share sale and purchase agreement. 

Eastern Motor Group Ltd v Grassicks [2020] CSOH
Acting for the Defenders at a PBA relative to the challenge of an expert’s determination under a share sale and purchase agreement.

24 Drury Street Ltd v Brightcrew (Management) Ltd 2023 SLT (SAC) 28
Appeal relating to the validity of a notice to quit.

Ashenne Caledonia Ltd v Denny Enterprises [2023] CSOH 20 and 2023 Hous LR 37

Esso Petroleum Ltd v Scottish Ministers & others [2016] CSOH 15
Successfully acting for the Third to Seventh Defenders (M74 Joint venture) in resisting aspects of the Pursuers’ claim relative to alleged contamination of their land.

ELB Securities Ltd v Love & another 2016 SC 77, Inner House
Company — Dissolution — Crown disclaiming rights in a lease — Whether restoration of company to register following dissolution reverts to pre-dissolution status quo.

Whether restoration of company reverts to pre-dissolution status quo

Dickerson v Edinburgh Construction Group Ltd (In Liquidation) 18 January 2016, Sheriff Court Appeal Court.
Successfully acting for the Pursuer and Respondent.

Dickerson v Edinburgh Construction Group & another, Sheriff MacIver
8-day diet of PBA. The Pursuer claimed damages for water damaged sustained by his property after the Defenders had released a large amount of water from a construction site uphill of his premises. Liability and quantum were in dispute.

Anderson v Forbes and McAvoy v Forbes [2008] CSOH 89, 2008 GWD 29-443. Lord Bracadale.
Successfully acting for the Defenders at Procedure Roll in having aspects of the Pursuers’ occupier’s liability case excluded from probation.

Southesk Trust & another v Angus Council & others [2006] CSOH 006, Lord Macphail.
Successfully acting for the Third Defender at Procedure Roll in having the action dismissed.

The Pursuers claimed damages for losses sustained consequent upon the release of oil from a storage tank. The Third Defenders sold the oil but had subcontracted the delivery of the same. The Pursuers claimed that the oil was “inherently dangerous” and that the Third Defenders could not escape liability for the

DSG Retail Ltd v Poundstretcher Ltd CSOH 19 Dec 2003 TG Coutts QC
Appearing on behalf of the Defenders at Procedure Roll.

The Pursuers had sustained damages to their premises which were adjacent to the Defenders’ premises consequent upon a fire. The Pursuers pleading sought to draw inferences from aspects of the evidence to infer the cause of the fire and to assert negligence.

McGleish v Tough and Leslie [2018] Sheriff Appeal Court PAI-A31-15
Appeal.

McGleish v Tough and Leslie, Paisley Sheriff Court
Acting on behalf of two former Trustees in bankruptcy who were being sued for alleged breaches of duty related to recovering the proceeds of a joint life policy and paying them out to creditors. The claimants argued that the proceeds formed a non-vested contingent interest and re-vested in the bankrupt on discharge.

ELB Securities Ltd v Love & another 2016 SC 77, Inner House
Successfully resisting an Appeal. The case was appealed to the Supreme Court.

Company — Dissolution — Crown disclaiming rights in a lease — Whether restoration of company to register following dissolution reverts to pre-dissolution status quo.

Company — Registration — Restoration of company to register — Effect of restoration of tenant company on lease of premises — Whether restoration of company reverts to pre-dissolution status quo — Whether lease continues as if no interruption — Companies Act 2006 (cap 46), secs 1012–1014, 1020–1022, 1032.

Petition of James Duff for an order under Section 82 of the Bankruptcy Sc Act 1913 [2013] CSOH 101
Successfully acting for the Respondent (the former Trustee in Bankruptcy) in having the Petition was dismissed as irrelevant.

Petition of Lynda Todd for Winding up of Van Bentley Ltd CSOH 25 June 2004, J Gordon Reid QC
Successfully acting for the Petitioner at a Hearing of this Petition seeking the winding up of the Company.

Scottish Brewers v JD Pearson 1996 SLT 50, Sheriff Principal CGB Nicholson QC
Successfully acting for the Defender and Respondent at first instance and appeal in having the cation dismissed as irrelevant.

The case stands as the only authority on the liability of judicial factors for debts incurred during the factory.

Recently instructed for the subrogated insurers in a fatal diving case involving multiple jurisdictions.

Tarpeh Sneh v Secretary of State, Lord Armstrong 2017
Appearing on behalf of the Third Defender (Randstad) at Procedure Roll and successfully obtaining absolvitor.

Board of Managers of St Mary’s Kenmure v Esat Dunbartonshire Council 2014 SC 665
Appearing before the Inner House for the Pursuers resisting a Reclaiming Motion in an action seeking compensation for riot under the Riotous Assemblies (Scotland) Act 1822.

Hynds v Reekie [2013] CSOH 92, 2013 GWD 22-430, Lord Glennie
Appearing on behalf of the Defenders at this two week PBA on quantum. The Pursuer had sustained a serious back injury as well as depression and PTSD consequent upon an industrial accident.

Board of Managers of St Mary’s Kenmure v Esat Dunbartonshire Council 2013 SLT 285
Appearing for the Pursuers at a 6 day diet of Procedure Roll Debate in an action seeking compensation for riot under the Riotous Assemblies (Scotland) Act 1822.

Paterson v Paterson [2012] CSOH 183, 2013 Rep LR 13
Damages — Amount — Solatium, loss of employability and necessary services — Ankle — Fracture of ankle — Significant injury to ankle requiring four operations.

Damages — Necessary services — Pursuer given assistance after the accident by his girlfriend — Whether services provided by a relative — Administration of Justice Act

1982 s. 13(1)(b)

Anderson v Forbes and McAvoy v Forbes [2008] CSOH 89, Lord Bracadale
Successfully acting for the Defenders at Procedure Roll in having aspects of the Pursuers’ cases (there were two actions by two pursuers arising out of the same fire).

Avis v CCG (UK) Ltd & another Sheriff Bickett, Hamilton 18 September 2006
Acting for the Defenders in this 22 day Proof Before Answer.

The Pursuer sought damages for psychological injuries said to have been sustained consequent upon an alleged campaign of bullying and intimidation carried out by her line manager.

Wormald v HJ Walker & Co CSOH, 30 Dec 2003 Lord Bracadale
Successfully acting for the Defenders at Procedure Roll.

The Pursuer claimed damages for hitting a cow that had wandered onto the public road having escaped from a field. The argument centered upon whether or not there was a duty in law to fence such animals in.

McKeown v Lord Advocate 2002 SLT 269 Lady Paton
Appearing on behalf of the Pursuer at this PBA seeking damages for injuries sustained by a remand prisoner while in custody. He had been assaulted by another prisoner who had previously threatened him.

MacMillan v De Vere Group Ltd & Wm Morrison Supermarkets PLC 19 June 2012, Sheriff Scullion, at Hamilton
Successfully acting for the Defenders in obtaining decree of absolvitor after PBA.

The Pursuer had sustained injury when using a Vodka bottle. The bottle top, known as a Roll on Pilfer Proof bottle top or ROPP had been accidentally overtightened. When the Pursuer lifted the bottle the ROPP gave way causing it to fall. The Pursuer tried to catch the falling bottle and was badly injured when it shattered in his hands.

Davies v Cassie [2025] CSOH 36
Acting for the Defender in having averments excluded from probation about an alleged promise to leave the estate of the deceased to the Pursuer.