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Who Represents Who

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Rob Aberdein heads Aberdein Considine’s team, which represents financial services clients including Royal Bank of Scotland, Lloyds Banking Group and Nationwide. The firm, which has ‘advanced cash collection techniques’, also increasingly handles public sector mandates, including work for NHS Grampian. Leonie Donald is another key name in the group, which advises on compliance, regulation and conduct risk, in addition to undertaking recoveries work.

Brodies LLP handles matters ranging from standard undefended cases to high-value and sensitive matters for clients such as insolvency practitioners, banks and debt purchasers. It covers every step of the recovery process, from pre-legal collection to post-judgment enforcement. Stephen Goldie’s team includes Iain Rutherford and Ricky Cannon. David Whyte has retired.

In addition to acting for public sector clients, such as the Department for Work and Pensions, Harper Macleod LLP attracts work from housing sector entities, and acts for more than 45 registered social landlords. Practice head Dawn McKenzie has more than 25 years’ experience in the debt recovery arena.

Morton Fraser undertakes traditional secured and unsecured recoveries matters for financial institutions, and also has a niche specialism in motor finance. Other pillars of the firm’s practice are its work for public sector clients, and recoveries work in England. Maggie Moodie leads the team.

At Shoosmiths, practice head Rod Macphail reaps praise from clients; ‘there is little in the area of debt recovery that he does not know’. Macphail’s group acts for a wide base of clients, including public sector bodies, financial institutions and large corporates. Solicitor advocate Andrew Foyle is recommended. Rhona Cuthbert joined from HBJ Gateley.

Ascent Legal Scotland, Irwin Mitchell Scotland’s debt recovery arm, deals with all aspects of pre-legal collections, mediation, litigation, post-judgment enforcement and mortgage lender services. Myra Scott is the main contact at the firm.

Led by Grant Hunter, BTO Solicitors LLP’s team undertakes secured and unsecured recoveries work for clients such as American Express, Woolwich plc and Coface UK. Dorothy Hatfield is recommended, along with solicitor advocate Tony Jones. Robin Macpherson joined from Brodies LLP in 2015.

TLT’s Tom McEntegart is vastly experienced in undertaking litigation and recoveries work for banking and corporate clients. John Paul Sheridan is another name to note in the group, which acts for clients such as Lloyds Banking Group and Barclays Bank. The firm also acts for public sector entities such as housing associations and local authorities.

Anderson Strathern focuses on acting for banks and other financial institutions, and also advises public sector bodies and SMEs. Elizabeth Smartt assists Northern Lighthouse Board with recovering light dues under the Merchant Shipping Act from vessel owners and shipping agents. Senior associate Claire Martin is experienced in high-value and defended banking litigation cases. Joan Devine joined HBJ Gateley.

HBJ Gateley acts for clients such as SMEs, local authorities and banks. It also undertakes a significant amount of work in the social housing sector. The team has three solicitor advocates: Stuart Clubb, Simon Catto and Alan Sinclair. Joan Devine joined from Anderson Strathern, while Rhona Cuthbert recently joined Shoosmiths.

Maclay Murray & Spens LLP deals with commercial and consumer debt recovery, motor finance law and Financial Conduct Authority compliance issues, among other matters. In 2015, Frank Johnstone and ten other practitioners joined from McClure Naismith LLP.

MacRoberts LLP handles mandates across a wide range of industries, but has a particular focus on construction, food and drink, and property. In 2015, Leon Breakey acted for construction consultancy Waterman Infrastructure & Environment in a high-value matter. Other clients include The Belhaven Group, Cloburn Quarry Company and SealEco.

Elaine Brailsford heads Shepherd and Wedderburn’s practice, which primarily focuses on debt recovery matters in the financial services and real estate sectors. Clients include Prontoport, Paragon Mortgages and Campbell Dallas.

Telfer Blacklock is the main contact at Blacklocks, which has a particular focus on debt recovery.

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Legal Developments in Scotland for Debt recovery

  • Finding the 
right words

    In the recent case of Newbury v Sun Microsystems [2013], the defendant argued that an offer to settle proceedings was ‘in principle' only and that a binding contract could not be formed until further terms had been agreed and a formal contract had been signed. It supported this argument by referring to a statement, in the offer letter, that the settlement was to be ‘recorded in a suitably worded agreement'. 

    - Macfarlanes

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