Nicholas McAndrew
Nick called to the Bar in 2020, having been a solicitor for five years in a large Scottish commercial law firm specialising in Construction Litigation. Nick specialises in the areas of Construction, Commercial and Planning & Environmental law. He is ranked in both Chambers and Legal 500 across these areas, with solicitors emphasising a measured and methodical approach to his written and oral advocacy.
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:
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Euan Scott
Euan Scott called to the Bar in 2020 having worked in one of Scotland’s leading litigation firms.
He has a broad civil practice with a particular focus on medical and professional negligence, and commercial dispute resolution (with his experience concentrating on commercial contract disputes, property disputes, contentious construction and insurance).
He also has an interest in media law and insolvency issues and has extensive experience of public inquiries.
Euan was appointed as Standing Junior Counsel to the Scottish Government in 2022
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A & E Investments and Robert Kidd v Levy & McRae Solicitors LLP and Jonathan Brown [2020] CSOH 14
At Debate the principal issue in this case is whether the success fee elements of an agreement between the pursuers and Levy & McRae, and between Levy & McRae and junior counsel are pacta de quota litis.
Lord Doherty upheld pursuer’s averments that the success fee arrangements upon which the defenders accepted instructions to act breached the pacta de quota litis principle.
Lord Doherty put case out by order for further procedure.
Decision of Lord Doherty can be viewed here.
Craig Sandison QC for successful pursuer.
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Promontoria (Chestnut) Ltd v Ballantyne Property Services [2019] CSOH 91
Case summary by Michael Way, advocate
Lady Wolffe rejects defenders’ plea of lis alibi pendens in commercial debt dispute
Facts
The pursuer claims payment of £1,180,742.49 from the defenders (a partnership and its two partners individually). The sums is said to be due in terms of facility letters entered between the defenders and the Clydesdale Bank. The pursuer claims to have been assigned those debts by the Clydesdale Bank.
The defenders maintain a number of lines of defence to the action, including ineffectual assignation and prescription. However, this debate concerned a plea of lis alibi pendens – i.e. that there was prior action, competently raised in Scotland between the same parties, in which the same question was raised. The prior actions, in this case, were summary applications seeking to enforce creditor’s rights under standard securities.
Issues
There was one principal issue for the Court:
1. Is the “same question” raised in the pursuer’s summary application in the Sheriff Court, as is raised in these proceedings?
Decision
The “same question”?
To answer this question, Lady Wolffe noted that it was necessary to consider the “the nature, subject matter and remedies of the two actions as well as their pleadings” (at [12]).
While the defences to each action advanced similar lines, the Court found that any answer provided in the summary application would not be conclusive of the commercial action; this was a significant factor militating against finding that the proceedings involved the same question (at [13]).
Lady Wolffe noted that the object of the summary application was as a means to realise the real right in security and to confer power on the pursuer as secured creditor. The summary application was not, on this analysis, a separate action on the debt. It was a different mode of enforcement (at [14]). The defenders’ analysis would, the Court held, have the effect of depriving real rights in security of the “commercial and practical significance” (at [17]).
Ultimately, the Court considered the historical purpose of the plea of lis alibi pendens (at [20]). The plea is rooted in the notion that not only is double litigation on the same claim vexatious, but that it would be wrong to allow double decrees to be obtained. A double decree would either be repetitive (so useless) or cumulative (so unjust) or contradictory (so confusing).
In this case, in light of “the different decrees that may be granted in this action and in the summary application, there is no question of the defenders being asked to do the same thing twice or to do contradictory things” (at [20]). The defenders’ plea of lis alibi pendens could not, therefore, succeed.
Representation
Ampersand’s Craig Sandison QC and Jamie Gardiner appeared for the defenders.
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Eoghainn MacLean back at commercial bar
This week Eoghainn MacLean returns to the commercial bar, after a year as a full time Advocate Depute, leading High Court prosecutions at jury trials, debates, sentencing, and preliminary, hearings.
Meanwhile, Eoghainn also retained his ranking for commercial litigation in the Legal 500 for 2020. He is a leading junior with Ampersand Advocates, who has handled hundreds of commercial, property, professional liability and other cases before the highest civil courts.
He said: “It was an absolute privilege to serve in Crown Office and work with such an amazing team of highly experienced and specialised litigators. I am very grateful to the Lord Advocate and everyone in the department for the opportunity. It was also a joy to litigate with so many members the criminal defence bar, a number of whom I had known but not worked with before.”
“It is great now to be back in commercial practice. I had been looking forward to it and, after a year in Crown Office, feel unstoppable.”
Ampersand head clerk, Alan Moffat, added: “It is so good to have Eoghainn back. He’s such an asset and will be a great option for those looking for counsel.”
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Ampersand Advocates 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 2020.
Ampersand received 60 listings across 16 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. 5 members are noted as “star individuals”.
Noted as a Band 1 set for Clinical Negligence, Ampersand has 18 rankings in this area, including 2 “Star Individuals”. The guide says “Ampersand dominates the Scottish medical negligence market due to its outstanding reputation and impressive offering of advocates. It has a wide selection of juniors and silks at the stable, who act on behalf of both claimants and defenders. Members have far-reaching expertise, covering all areas of clinical negligence, including the most severe birth injuries, fatal surgical errors and cancer cases, as well as widely publicised group actions concerning medical device liability, such as the pelvic mesh litigation. Instructing solicitors point out that the set “has depth and very strong, specialised practitioners.” The clerks also receive high praise “The service is first class. The clerks are extremely approachable, very helpful and nothing is too much trouble for them.” “Alan Moffat is the lead clerk and is a good point of contact. He is helpful and accommodating, so I can go directly to him if I need something urgently.” The “Star Individuals” are Maria Maguire QC and David Stephenson QC.
Band 2 listings include Administrative and Public law where Ampersand is noted as a “Highly regarded stable which possesses several standout advocates acting in important constitutional, commercial and human rights cases. The advocates represent petitioners and respondents in judicial reviews, advise public bodies on the interpretation of regulations and legislation, and act for core participants in public inquiries”. In Civil Liberties & Human Rights the Band 2 listing notes Ampersand as a “A highly regarded stable, Ampersand Advocates has members who represent both claimants and defendants in high-profile civil liberties and human rights cases. Advocates regularly appear at the highest courts in Scotland and the UKSC, as well as the ECtHR and CJEU.”.
In Commercial Dispute Resolution it states “Ampersand Advocates is a highly regarded stable, noted for its involvement in a wide range of complex commercial disputes. The stable houses a number of experienced commercial advocates at both silk and junior levels, and attracts instructions from a diverse client base that includes several financial institutions and large corporates. Its advocates offer expertise in professional negligence, construction and commercial contracts disputes, as well as matters involving intellectual property, planning and insolvency.”
Ampersand’s Commercial expertise is further noted in Restructuring and Insolvency, which includes “Star Individual” David Sellar QC, stating Ampersand “Ampersand Advocates is a strong stable, housing some of the most distinguished restructuring and insolvency advocates in Scotland. It is a go-to stable for companies and their directors, banks and various government departments seeking restructuring advice and representation in major insolvency cases. Members are also regularly instructed by insolvency practitioners to assist with asset recovery matters, and offer significant expertise in international asset-tracing.”
Ampersand’s Personal Injury work is again acknowledged with the guide noting “A highly regarded stable in the personal injury market, Ampersand Advocates retains its reputation as a go-to stable for all manner of injury claims. In addition to offering representation to pursuers in complex and high-value catastrophic and fatal injury claims, the stable’s advocates are also regularly instructed by defenders, and have experience acting on behalf of government agencies and several major insurers. Areas of particular strength for the stable include cases arising from RTAs, accidents at work and accidents abroad, and its advocates are noted for their expert handling of complex employers’ and occupiers’ liability claims. The tenants are also frequently called upon to represent a variety of parties, including local authorities, health boards and bereaved families in fatal accident inquests. Instructing solicitors praise Ampersand as “a very professional stable which provides a high level of service,” adding that “you can tell that everyone there really cares about what they’re doing.”. The clerks get a special note for being “very organised and you can rely on the team to get back to you.” “The clerks are very good at dealing with any queries and are very flexible and very friendly – you never have any difficulties getting in touch with them.” “The clerking team is friendly, reliable, quick at responding and always happy to help.” The “very proactive and easy to deal with” Alan Moffat is the head clerk.” The listing includes Maria Maguire QC and Graham Primrose QC as “Star Individuals”.
In Planning and Environment it states “Ampersand Advocates is distinguished for the substantial planning and environmental expertise of its advocates. It acts for local authorities and all kinds of developers in cases heard at all levels of the court system, including the Supreme Court. The environmental aspects of energy developments are a great source of instructions for Ampersand Advocates. Members of the stable are regularly involved in high-profile matters, including the public inquiry into the refusal of planning permission for the development of the Royal High School in Edinburgh, a challenge to the planning consent for Aberdeen FC’s new stadium and a Supreme Court case dealing with the complexities of European law in relation to a wind farm development.” This includes “Star Individual” Malcolm Thomson QC.
Ampersand is also a Band 2 set in Product Liability stating “A respected presence in the product liability field, with a strong track record of representing pursuers and defenders in a broad array of claims. The stable is able to draw on its impressive capabilities in professional liability and personal injury.”
Ampersand’s full listings can be viewed on the Chambers and Partners website here.
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