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Editorial

Medical negligence: defender

Index of tables

  1. Medical negligence: defender
  2. Leading individuals

BTO Solicitors LLP provides ‘excellent and personalised service’ to clients including members of the Medical Protection Society, Medical and Dental Defence Union of Scotland and the Medical Defence Union. Work includes acting on cancer misdiagnosis and wrongful birth claims. Douglas Jessiman and Laura Donald lead the team.

Clyde & Co LLP defends against negligence claims regarding procedures such as laser eye surgery. Duncan Batchelor is representing Johnson & Johnson Medical in trans-vaginal mesh cases, and Graeme Watson has been defending medics in disciplinary proceedings.

Brodies LLP’s Elena Fry defends private providers in a range of cases involving cosmetic and elective surgery. Clients include Spire Healthcare and Marketform.


Medical negligence: pursuer

Index of tables

  1. Medical negligence: pursuer
  2. Leading individuals

Anderson Strathern is noted for its ‘excellent service’ in matters involving birth injuries, misdiagnoses and career-ending incidents. Catriona Watt leads the practice with Robert Carr.

Balfour+Manson LLP’s ‘highly regarded’ practice has ‘a longstanding reputation for excellence’. Work includes cerebral palsy cases, fatality claims and fertility treatment issues. Key names include the ‘approachable and professionalElaine Motion, Ann Logan and ‘excellent’ senior partner Fred Tyler.

Digby Brown LLP is noted for its experience in handling some of the most complex and highest-value claims in Scotland, including those relating to obstetric negligence. Sue Grantexercises effective oversight over her team while maintaining a very nice manner with clients’.

Drummond Miller LLP’s team advises on claims relating to missed diagnoses, birth injuries and surgical errors. Liesa Spiller heads the practice.

Brodies LLP has ‘a very cohesive team with a thorough knowledge of the area’. Work includes misdiagnosis, delayed treatment and botched surgery cases. David Armstrong is ‘highly approachable’.

Harper Macleod LLP’s ‘thoroughly professional’ team has considerable expertise in fatal and wrongful death claims, often funded by insurers. The ‘determined but sensible’ Douglas Cowan is recommended. Jill Sinclair joined DWF in June 2016.

Morton Fraser’s work includes fatal claims and non-fatal claims regarding surgical errors and missed diagnoses. Jenny Dickson leads the practice.

Shoosmiths entered the market in November 2015 after recruiting Judy Williamson from Anderson Strathern. Work includes fatal claims and birth injury cases.


Personal injury: defender

Index of tables

  1. Personal injury: defender
  2. Leading individuals

BLM has ‘an appropriate level of case handler for anything’. Work includes high-value employers’ liability and road traffic claims. David Taylor, Ian Leach and Louise Gallagher head the practice, which includes Andrew Gilmour and Rachel Rough, who has ‘first-rate knowledge of high-level cases’. Clients include BT and QBE.

BTO Solicitors LLPgoes the extra mile to get results for its clients’. The firm’s expertise includes motor collisions, employers’ liability matters and asbestos claims. Carly Forrest represented an insurer in a legally-novel appeal by a woman who saw the wreckage of her son’s fatal car crash. Practice head Stephen Brycelandhas a very good awareness of what clients need’. Clients include Chubb Insurance and NFU Mutual.

Brodies LLP provides ‘a superb level of service’ to insured defendants in motor claims, industrial disease and product liability cases. Elena Fry has ‘excellent knowledge of client’s businesses’, and Peter Demick is ‘a first choice for high-value claims’. Clients include Allianz and Amlin.

In addition to being ‘very knowledgeable in the offshore employers’ liability arena’, Clyde & Co LLP’s work includes motor incident and public liability issues. Key lawyers include the ‘dedicated, tenacious and professionalVikki Melville and Mark Donaldson, who is ‘a recognised expert in oil and gas’. Clients include QBE, Zurich and Esure.

Burness Paull LLP is noted for its ‘practical advice’ and ability to handle employers’ liability cases, with strong workloads in the construction and offshore sectors. Ewan McIntyre, who represents Wood Group, is ‘an exceptional litigator, with a particular strength in aviation’.

Elizabeth Mitchell heads the practice at Harper Macleod LLP, which includes Heather Calderwood, who represents Direct Line Group and ‘can be relied on to get the best possible result’; and Suzanne McGarrigle, who joined the firm from McClure Naismith LLP.

Anderson Strathern advises insurers and public sector bodies on workplace and road traffic issues. Catriona Watt is ‘particularly good’ and is recommended alongside practice head Jonathan Guy. Clients include Scotmid and the Scottish Prison Service.

CMSdoes a very thorough job’ in industrial disease cases, often involving the oil and gas sector. Associate Craig Watt is ‘particularly good at disease litigation’. Clients include Scotia Gas Networks.

DAC Beachcroft Scotland’s work includes a range of motoring, public liability and other claims. John Maillie heads the practice, which represents several major insurers.

DWF’s Andrew Lothian – a lateral hire from Anderson Strathern – represents well-known insurers, with a focus on employers’ liability. Clients include Equity Red Star and Zurich.

Kennedys Scotland has entered the Scottish PI market, having recruited a team led by Rory Jackson from McClure Naismith LLP. The ‘consummate professionals’ defend a range of claims, often related to extreme sports, construction and product liability.

Ledingham Chalmers LLP’s work includes defending public liability claims brought against local authorities. Practice head Graeme Edward represented Comhairle Nan Eilean Siar in a case regarding switching off of street lights at night.

Morton Fraser represents a predominantly public sector client base in potentially novel claims. Jenny Dickson heads the practice; consultant John Barrie ‘does business in a calm manner’. Clients include the Ministry of Defence and Royal Mail.

Weightmans LLP’s clients include businesses in employers’ liability claims and motor insurers. Douglas Keir represents The Co-operative Insurance and Aggregate Industries.


Personal injury: pursuer

Index of tables

  1. Personal injury: pursuer
  2. Leading individuals

For many, Digby Brown LLP is ‘by far the market leader in Scotland for acting for personal injury pursuers’, and is noted for its experience in a wide range of cases, including the most serious injuries. Recommended lawyers include Gordon Dalyell, who ‘fights hard for his clients’, serious injury department head Chris Stewart (who is ‘a great negotiator’) and newly promoted partner Simon Hammond.

Balfour+Manson LLP applies its ‘considerable experience and clout’ to a range of matters including motor incidents, life-changing injuries and employers’ liability. David McIntosh represented a man in a multimillion-pound claim concerning catastrophic injuries as a result of a criminal act. Practice head David Short is ‘an effective communicator’ and Fred Tyler is ‘excellent’. Pamela Loudon retired in August 2015.

Brodies LLP’s ‘very professional practice’ acts on claims involving road collisions, product liability and workplace injuries. Solicitor-advocate Jonathan Cornwell is ‘compassionate, understanding and attentive at all times’. David Armstrong leads the team, which acts for several trade unions.

Irwin Mitchell Scotland is ‘willing to push the boat out for clients and run challenging and groundbreaking cases’. Mandates include road collisions, disease outbreaks and deaths at work. Elaine Russell joined Harper Macleod LLP in May 2016.

Thompsons’ team is ‘thorough and very professional; the lawyers explain things in detail and clients understand what they are saying’. The firm represents trade union members in employers’ liability matters and the public in a range of claims. Patrick McGuire, who heads the practice and the mass litigation team, is ‘an excellent communicator’.

Employers’ liability claims sit at the core of Lawford Kidd’s practice, but the firm also undertakes road traffic work. David Sandison and Derek Sandison are key contacts. Paul Kirkwood has retired.

Thorntons Law LLP handles cases involving workplace injuries and public liability, including high-value brain injury claims. Gordon McBean leads the practice.

Allan McDougall Solicitors’ work includes motor collisions and industrial diseases such as pleural plaques. Solicitor-advocate Julie Harris is a key contact.

Anderson Strathern’s ‘very experienced solicitors’ handle matters including accidents at work, Criminal Injuries Compensation Authority matters and international cases. Robert Carr and Catriona Watt are key contacts.

Fiona Moore heads Drummond Miller LLP’s litigation practice, which is particularly rated for high-end personal injury cases.

Harper Macleod LLP leverages its insurer contacts to receive regular referrals of high-value work, including motor claims. Douglas Cowan and Elaine Russell, who joined in May 2016 from Irwin Mitchell Scotland, are key names. Jill Sinclair joined DWF in June 2016.

Slater and Gordon’s personal injury work is centred on road collisions, but also includes workplace injuries and deaths. Stuart Cochran heads the practice.


Professional negligence

Index of tables

  1. Professional negligence
  2. Leading individuals

BTO Solicitors LLP primarily defends engineers, accountants, solicitors and advocates on behalf of insurers, but also undertakes some pursuer work. Alan Eadie heads the practice, which includes Ashley Mawby. Insurer clients include RSA, Aviva and AIG.

Brodies LLP’s ‘strong, long-established team’ provides ‘excellent advice that demonstrates good sector knowledge’. Work includes defending accountants, architects and solicitors. Alisdair Matheson is ‘well regarded by the construction profession’ and practice head Alan Calvert is ‘very astute’. Clients include Amlin and Allianz.

CMS is ‘very competent in financial-sector professional negligence claims’. Harriet Munro, whose work includes construction disputes, has ‘excellent relationships with her clients’. Graeme MacLeod’s expertise includes defending solicitors. Clients include QBE and Chubb.

Clyde & Co LLP has ‘unequalled depth and breadth of knowledge defending claims’ against legal, construction and finance professionals. Graeme Watson is ‘a first-rate negotiator and imaginative thinker’ and is recommended for surveyors’ negligence cases. Charles McGregor is ‘one of Scotland’s leading advisers on construction negligence’.

Shepherd and Wedderburn is ‘able to take on cases that straddle England and Scotland’. The firm handles both pursuer and defendant work regarding alleged negligence on the part of professionals including architects, accountants and solicitors. Practice head Alastair Frood, who specialises in financial services, ‘engenders confidence’.

Burness Paull LLP’s ‘strong’ practice represents pursuers and defenders in cases regarding negligence by professionals including surveyors, solicitors and pension trustees. Ewan McIntyre (‘a good man to have in your corner’) represents the Financial Services Compensation Scheme.

Harper Macleod LLP represents pursuers bringing claims against solicitors, architects, financial advisers and surveyors. Senior partner Rod McKenzie is ‘a very commanding presence’ and Professor Robert Rennie is a key name for solicitors’ negligence matters. Clients include the Scottish Legal Complaints Commission.

BLM’s ‘legal knowledge and prowess is unquestionable’ when defending insured solicitors, typically in conveyancing-related claims. Grant Maclean’s ‘welcoming attitude and approach is calming and reassuring’. David Taylor is also a key contact.

Balfour+Manson LLP represents pursuers in six-figure claims against solicitors and architects. David Flint is a key contact.

DWF’s Alison Grant defends accountants, tax planners, solicitors and surveyors in high-stakes cases.

HBJ Gateleypunches above its weight’ representing businesses and lenders in claims against solicitors, as well as for banks bringing actions against surveyors. Key names include the ‘focused and diligentGordon Steele and practice head Simon Catto.

Maclay Murray & Spens LLP’s work includes defending solicitors and the practice acts for both sides on actuarial, accounting and investment disputes. Tim Edward successfully defended Scottish Widows.

TLT’s Karen Cornwell and John Paul Sheridan act for a range of lenders including RBS and Barclays in claims against solicitors and accountants.


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