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Commercial litigation

Brodies LLP fields one of the largest dispute resolution teams in Scotland and has 14 partners focusing on commercial litigation, giving it ‘very good strength in depth in its chosen disciplines’. Manus Quigg was promoted to partner in 2010, while Elena Fry and Mark Clough QC were recruited to the health and safety and competition law teams, from Biggart Baillie LLP and Addleshaw Goddard LLP respectively. Clients include RBS, Zurich and Aberdeen City Council. In 2010, the firm acted for Asda and Macdonald Estates in defending a judicial review brought by a competitor to prevent a store development.

Burness LLP stands out for its ‘personalised and attentive service’, and in 2010 gained new instructions from Kodak, Standard Life and Scottish Rugby Union. Highlights included advising in a $2bn dispute over a pharmaceutical licence. Practice head Colin Hulme is ‘a creative thinker with a phenomenal range of contacts’. The team was recently joined by Ewan McIntyre, previously head of Morton Fraser’s litigation practice.

Dundas & Wilson CS LLP’s clients are quick to highlight the client-friendly approach of the commercial litigation team, which ‘ensures that someone is available who knows the history of the claim’. Practice head Lorna Sibbald is recommended, as is ‘strong tacticianColin Hutton, who led the team in representing Tullis Russell, a paper manufacturing company, in a number of commercial disputes relating to the acquisition of the Gemini paper brand from Inveresk.

Tim Edward heads Maclay Murray & Spens LLP’s commercial litigation group, which has ‘strength in depth and the ability to get up to speed on a case quickly and efficiently’. ‘Tenacious’ tax specialist Ewan Easton advised longstanding client Scottish Widows in a substantial appeal relating to the taxation of life insurance companies, first to the Special Commissioners of HMRC and subsequently to the Supreme Court.

McGrigors LLP’s six-partner team is many clients’ ‘first port of call’, and in 2010 secured instructions from new clients such as Barclays, Balfour Beatty and Scottish Power Renewables. Practice head Laura Cameron is highly regarded, as is Edinburgh-based Jacqueline Harris, who gives ‘considerate support and assistance’. Tom Stocker has ‘an assured manner, quickly backed up by competent and ordered thinking’, and Jim Cormack is ‘a truly outstanding litigator with superb commercial understanding’.

MacRoberts LLP’s litigation team provides ‘excellent and proactive advice on complex issues’, with clients particularly noting its ‘efficient case management skills’. 2010 saw it act for a Scottish local authority in a petition for judicial review of a planning decision regarding a proposed fish farm development. David Arnott heads the practice, and Richard Barrie ‘provides excellent advice’.

Morton Fraser’s strong commercial litigation practice represents clients such as Lloyds Banking Group and Heineken. Recent instructions include acting for Heineken in a £2m dispute with RBS. Former practice head Ewan McIntyre recently moved to Burness LLP.

Shepherd and Wedderburn’s six-partner commercial litigation team ‘consistently gives an excellent level of service’. David Anderson heads the practice, and John Mackenzie joined from Pinsent Masons LLP. New client wins include the UK Border Agency and the British Dental Association. The firm is also notable for its work in the area of professional discipline, for clients such as The Royal College of Surgeons of Edinburgh.

At Anderson Strathern, Robert Fife heads a four-partner team praised for its ‘outstanding level of service’. Key instructions in 2010 included advising the Scottish National Party in a court action challenging the BBC’s right to broadcast the third leader’s debate during the UK general election. Chris Dickson heads the firm’s advocacy unit.

Biggart Baillie LLP’s team has ‘a very effective and efficient litigation department, staffed by sound and able practitioners who adopt a very hands-on and hardworking approach’. In 2010, it acted for Pfizer in defending a multi-party product liability claim. Practice head Brent Haywood is recommended for his ‘highly developed communication and dispute resolution skills’.

HBJ Gateley’s dispute resolution group delivers ‘excellent all-round service from partner to associate’. In 2010, it was reappointed to BT’s Scottish panel, and remains its sole litigation services provider in Scotland. It also acted for Senergy Holdings in a £12m breach of contract claim. Simon Catto heads the team.

Semple Fraser LLP advised two members of the Gillespie family, one of Scotland’s leading business families, on a number of legal issues including alleged breaches of fiduciary duties by directors, potential reductions of high-value property transfers, and issues regarding the fair distribution of asset values. Practice head Kenneth Carruthers has over 20 years’ experience in commercial litigation and is highly regarded.

Tods Murray LLP displays ‘outstanding capability on complicated matters of fact and law’. Its growing commercial client base includes CIS and Caledonian Alloys Limited; it recently advised the latter in a potential £10m-plus damages claim for misrepresentation. Peter Paterson heads the practice.

CMS Cameron McKenna LLP’s clients are ‘impressed by the depth of preparation’ of ‘tenacious but realistic’ practice head Robert Wilson and his team. The group advised EnQuest Dons Limited in a $10m London High Court claim.

Harper Macleod LLP’s litigation team is
recommended for its ‘pragmatic advice, and strong industry links and relationships’. Rod McKenzie is an ‘able leader’ of the practice. Mediator Michael Nicholson leads the newly established alternative dispute resolution team.

Simpson & Marwick’s litigation practice is led by Peter Anderson, whose ‘30 years of litigation experience give him a very comprehensive view of the market, counsel and judiciary’.

Anderson Fyfe LLP was reappointed to RBS’ litigation panel after a successful tender in 2010. Tom McEntegart heads the five-partner team.

Elaine Motion heads the litigation team at Balfour + Manson LLP, which was strengthened in 2010 by the arrival of Gordon Deane from Shepherd and Wedderburn.

At Brechin Tindal Oatts, solicitor-advocate Tony Jones is an ‘impressive, imposing litigator who has grown into the role of leading big-ticket claims’.

DLA Piper Scotland LLP’s ‘focused, able and tenacious’ litigation team worked with insolvency colleagues in advising on contentious aspects of the administrations of Globespan and Powwow Water Company. Joan Devine, noted for her ‘excellent quality of advice’, recently moved to Bell & Scott (now merged with Anderson Strathern).


Debt recovery

Anderson Fyfe LLP’s debt recovery practice earned a number of new client wins in 2010, including Clyde Property, MXM Property Solutions and RBS Invoice Finance. The firm also acts for a number of local authorities and SMEs. Tom McEntegart and John Paul Sheridan are recommended.

Department head Dawn McKenzie at Harper Macleod LLP is ‘committed, professional and keen to deliver services to a high standard’. In 2010, the team was instructed to handle debt recovery matters for the Accountant in Bankruptcy (AiB).

Irwin Mitchell LLP’s debt recovery team, headed by Mark Higgins, won significant new clients including UK Asset Resolution in 2010. Myra Scott has expertise in lender litigation.

McClure Naismith LLP is a leading firm in consumer credit debt recovery. Frank Johnstone heads the practice, which represents clients such as Bank of Scotland and Honda Finance.

Anderson Strathern’s team has ‘impeccable’ knowledge and provides debt recovery expertise in tandem with banking litigation services for clients in the financial sector, including two of Scotland’s largest banks. Ruari MacNeill heads the banking litigation team, and senior associate Claire Martin is head of credit recovery.

Bermans specialises in both consumer and commercial debt recovery, with an emphasis on asset-based finance recovery. It advised CF Asset Finance in 2010. Brian Cameron heads the practice.

Debt recovery is a core practice area for Blacklocks, with capabilities to act in Sheriff Courts and the Court of Session. Telfer Blacklock is the main contact.

Brechin Tindal Oatts’ enviable client base includes Barclays, Cigna UK and Lloyds Banking Group. The firm is the sole Scottish provider to American Express for personal and corporate credit card recoveries. Grant Hunter heads the department.

Brodies LLP handles volume debt recovery for prestigious clients such as BP Oil and Peugeot. It recently represented Grosvenor Investments regarding recoveries in the property sector, drawing on the firm’s property and litigation capabilities. David Whyte heads the team.

HBJ Gateley’s asset recovery team was reappointed as sole Scottish agents for BMW Financial Services. Rhona Cuthbert heads the practice, which recently recruited senior associate Douglas Blyth from Maclay Murray & Spens LLP.

Morton Fraser advises Nationwide on secured and unsecured recovery matters. Maggie Moodie heads the team.

Shepherd and Wedderburn provides clients with an integrated approach between its debt recovery, restructuring and insolvency, and banking and litigation teams. Gillian Carty heads the debt recovery practice, which acts for clients such as Lloyds TSB, RBS Invoice Finance and HSBC.

Specialist debt recovery practice Yuill & Kyle is a recognised player in the field. Stephen Cowan is recommended.

Biggart Baillie LLP’s debt recovery team operates from Edinburgh and Glasgow, and is jointly led by Alison Grant and Brent Haywood. Key clients include PwC, Savills and Fife Council.

In 2010, Maclay Murray & Spens LLP’s debt recovery team, headed by Stuart Reid, acted for an increasing number of intermediaries in the property management and corporate recovery sectors. Key clients include Deloitte, KPMG and Zolfo Cooper.


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