Fieldoak Limited (In receivership) v Citywide Glasgow Limited [2017] CSOH 138
Case concerning a dispute on waiver, assignation and novation between the pursuer, a property company now in receivership, and the defender, the letting agent (as the defender would have it) or the former letting agent (as the pursuer contends) under a management agreement. Full decision here.
David Sellar QC for successful pursuer.
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Getting the Most out of Legal Technology
Ampersand Advocates hosted a seminar on ‘Getting the Most out of Legal Technology’ on Thursday 9th November 2017.
Attendees at the seminar heard from a range of speakers from technology companies and from Ampersand members. Dana Forbes gave a practical demonstration of the creation of electronic binders of documents and how best to manage them. Jamie Gardiner offered an insight into ways in which litigation risk might be more precisely quantified, using the specialist software developed by his company, CaseQuant. Paul Reid shared practical reflections on his experiences of technology in the Scottish courts, in particular the use of LiveNote and his experiences in the Glasgow Bin Lorry Inquiry. Finally, Giles Reid examined the provision made in the Rules of Court for technology, and looked at the developments practitioners might expect to see over the coming years. Attendees also heard from Moore Legal Technology on online marketing, Premonition AI on their data on decided cases in the UK and worldwide, and Nalytics on the assistance that specialist software can provide in reviewing and analysing data.
Comments from attendees included, “The best event on legal technology that I have attended.” Giles Reid, one of the seminar organisers, said “It was really useful to hear from both those who provide and develop legal technology and also those at the sharp end of practice who use it. Increasingly, becoming familiar with the advantages and pitfalls of legal technology is something that clients expect and something where specialist knowledge can make a real difference.”
Slides from the presentations can be viewed on our event page here.
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Top Rankings success in latest Chambers and Partners UK Bar Guide
Ampersand has again received top tier rankings across a number of areas of practice in the latest published guide to the legal profession, Chambers and Partners UK Bar Guide 2018.
Ampersand received 56 listings across 15 areas of practice, ranking as top tier (band 1) in Clinical Negligence as a Set, and band 2 in Administrative & Public law, Civil Liberties & Human Rights, Commercial Dispute Resolution, Planning & Environment, Personal Injury, Product Liability and Restructuring/Insolvency as a Set. In addition to this Aidan O’Neill QC is ranked in the London Bar Guide. 4 members are noted as “star individuals”.
Noted as a Band 1 set for Clinical Negligence, Ampersand has 18 rankings in this area. The guide says “As far as top Scottish clinical negligence practitioners are concerned, the name Ampersand is synonymous with excellence. This premier stable is acknowledged to have “the widest range of counsel in medical negligence with the broadest range of experience and knowledge.”
Band 2 listings include Administrative and Public law where Ampersand’s high-level public law challenges are noted and is described as “a good stable of advocates”. In Civil Liberties & Human Rights the Band 2 listing notes Ampersand’s “considerable expertise in the civil liberties field, drawing on their experience in employment, equality and EU law”.
In Commercial Dispute Resolution Ampersand is noted as “A highly respected stable with far-reaching experience across the commercial spectrum. It boasts an impressive roster of senior counsel and upcoming juniors, and is home to strong generalists as well as leading insolvency, shipping and real estate advocates”. Ampersand’s Commercial expertise is further noted in Restructuring and Insolvency, which includes “Star Individual” David Sellar QC, stating Ampersand “combines a renowned commercial practice with numerous high-level insolvency specialists” being described as a “go-to set for insolvency matters” and “excellent commercial stable”.
Ampersand’s Personal Injury work is again acknowledged with the guide noting “an impressive breadth of personal injury knowledge to individuals, major insurers, local authorities and other government agencies. The stable’s expertise in medical issues means it is well placed to advise pursuers and defenders on the full range of personal injury cases, including stress at work, motor accidents and clinical negligence claims. The team’s “practical approach to cases” is lauded by clients, who also comment that the advocates are “approachable, good to deal with and prompt at returning calls and emails, which is important.”. The listing includes Maria Maguire QC and Graham Primrose QC as “Star Individuals”.
Ampersand is listed in 2 new areas as a set this year. In Planning and Environment Ampersand is noted as being “A highly respected stable that is emerging as a force to be reckoned with in the arena of planning and environment law. Advocates at the stable are particularly well-versed in matters involving infrastructure and renewable energy. They are frequently instructed in major inquiries, and act for a variety of clients, including developers, promoters, objectors and decision-makers. The stable also vaunts expertise in planning appeals and judicial review proceedings.” This includes “Star Individual” Malcolm Thomson QC. Ampersand is also a Band 2 set in Product Liability stating “Ampersand Advocates enjoys an enviable reputation as one of the top-ranked sets in Scotland. It undertakes product liability work to the same excellent standard as the many other areas of the law it practices in. Members here work across a wide range of industry sectors and act for both claimants and defendants. The set has a particular reputation for handling cases that arise from the healthcare sector”.
The Clerks also receive high praise noting “The whole team is very organised.” and “their clerks are excellent, very responsive and helpful”.
Ampersand’s full listings can be viewed on the Chambers and Partners website here.
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“Ampersand houses ‘an excellent group’ of advocates” – Strong showing for Ampersand in latest Legal 500 listings
Ampersand is delighted to be once again be recommended as a top-tier set by The Legal 500 UK Bar Directory.
The guide says “Ampersand houses ‘an excellent group’ of advocates, who handle a broad spectrum of practice areas, including commercial, planning, property and public law. The stable is particularly noted, however, for its very strong personal injury and clinical negligence team.”
32 Ampersand advocate’s are listed in The Legal 500 UK 2017 guide to outstanding counsel published on 11 October 2017.
Civil liberties, human rights, public inquiries, and public and administrative law (including local government) – Civil liberties, human rights, public inquiries, and public and administrative law (including local government) – Leading silks
– Aidan O’Neill QC A natural orator.
– Dorothy Bain QC Hardworking, determined and confident in court
– Douglas Ross QC Very intelligent and personable.
– Laura-Anne van der Westhuizen Very bright and a pleasure to work with.
Commercial litigation
– Alan Dewar QC A formidable practitioner.
– Craig Sandison QC A standout silk.
– Robert Howie QC An incredibly bright and extremely talented silk.
– Ronald Clancy QC Highly recommended for a broad spectrum of commercial cases.
– Eoghainn MacLean Determined in court.
Company and insolvency
– David Sellar QC A first-choice silk for complex company and insolvency matters.
Employment – Employment
– Russell Bradley Very experienced in TUPE, restrictive covenants and whistleblowing cases.
Intellectual property, information technology and media
– Craig Sandison QC Brilliantly clever and tenacious in court.
– Usman Tariq He has considerable experience on his feet.
Personal injury and medical negligence
– David Stephenson QC He is great to work with due to his unflappable demeanour.
– Euan Mackenzie QC A meticulous silk with a first-class intellect.
– Graham Primrose QC He has impressive technical knowledge.
– Hugh Campbell QC Very experienced across the spectrum of disease and injury cases.
– Lauren Sutherland QC A highly dedicated silk.
– Lisa Henderson QC She has fantastic attention to detail and notable client empathy.
– Maria Maguire QC Her remarkable grasp of the facts enhances her focus on a case.
– Simon Di Rollo QC A very effective court performer.
– Archie MacSporran Very experienced in complex and high-value clinical negligence cases.
– Christian Marney Well known for acting in personal injury matters.
– Fiona Drysdale Hardworking with a very detailed approach.
– James Dawson He has a sound understanding of complex scientific material.
– Una Doherty Reliable and well organised
Planning, environmental and licensing
– Ailsa Wilson QC Highly experienced in regulatory environmental disputes.
– Malcolm Thomson QC A patrician of planning law.
– Marcus McKay QC Recommended for cases involving renewable energy.
– Laura-Anne van der Westhuizen Painstaking and great with clients.
Property, construction and agriculture
– Christopher Haddow QC Recommended for a broad range of property matters.
– Robert Howie QC A go-to silk for construction law matters.
– Eoghainn MacLean Willing to explore every possibility to assist his clients.
Full listings can be viewed here.
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McClure Naismith v Harley Haddow Partnership [2017] CSOH 125
Debate in commercial action: prescription argument arising from engineers’ appointment to construction project. Relevancy argument sustained. Decision here.
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Tayside Contracts v D Geddes (Contractors) Limited [2017] CSOH 108
Commercial action for claim that chippings were not of satisfactory quality and that they were not fit for the purpose of use as surface dressing on roads in eastern Scotland; and that as a result the defender was in breach of the terms implied into the contracts of sale by sections 14(2) and 14(3) of the Sale of Goods Act 1979. Decision here.
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