Next Generation Partners

Personal injury: defender in Scotland

Brodies LLP

Known for its ‘good quality work and experienced practitioners’, the workload of Brodies LLP's liability claims defence team includes catastrophic and foreign claims as well as construction and high-risk workplace matters. Co-head Carly Forrest in Glasgow is well versed in catastrophic injury work as well as fatal claims, and continues to handle highly sensitive and high-value matters, while Edinburgh-based fellow co-head Laura McMillan's broad practice includes a notable specialism in historic asbestos disease claims. Duncan MacLean heads the insurance and risk practice; he and Malcolm Mackay are both noted for their expertise in marine and offshore sector claims.

Practice head(s):

Carly Forrest; Laura McMillan


Other key lawyers:

Kate Donachie; Malcolm Mackay; Duncan MacLean


Testimonials

‘The service from Brodies has been second to none. They are always on hand to take calls, answer queries and assist with anything that is needed.’

‘Their responses and actions are first class, and when they need any documents or information, their requests are clear and concise as to what is needed.’

‘The team has a strong work ethic and always provides suitable advice and recommendations.’

‘Carly Forrest and the team are great.’

‘Good-quality work and experienced practitioners. The team always analyses the issues in a case thoroughly and provides good instruction to counsel, including their own assessment of the issues. Client involvement is high with the solicitors keeping them up to date at all crucial points.’

‘Carly Forrest goes above and beyond to give her clients the correct advice. Her associates take a similar approach and are obviously well supervised.’

Key clients

Aviva


Zurich Insurance


Abellio Ltd


Axis Capital Insurance


Cape plc


Babcock International Group


MS Amlin


National Express Group


Enstar/Starstone Underwriting Limited


Sunderland Marine Insurance


Work highlights


  • Representing Scapa Flow Charters and its insurer MS Amlin in the sensitive defence of a fatal claim which occurred in Scottish waters, involving complicated issues of the interplay between the Law of Scotland on prescription and limitation, and its interaction with an international maritime convention.

BTO Solicitors LLP

BTO Solicitors LLP’s ‘very reliable and knowledgeable’ personal injury department in Glasgow is headed by Stephen Bryceland and is equipped to deal with volume claims as well as complex and high-value litigation at all levels, from pre-litigation advice through to taking cases to the Supreme Court. Solicitor advocate Catherine Currie is the firm’s key contact for high-value catastrophic injuries cases, while accredited mediator Garry Ferguson is well versed in complex, international matters and covers cases involving injuries, such as chronic pain and brain injury, as well as fatalities. Claire White specialises in employers’ liability, public liability and product liability claims with a focus on medical devices and implants.

Practice head(s):

Stephen Bryceland


Other key lawyers:

Catherine Currie; Garry Ferguson; Claire White


Testimonials

‘I trust BTO’s insurance team with our biggest claims above all competitors in Scotland.’

‘Catherine Currie is experienced, calm, assured and unflappable.’

‘Very reliable and knowledgeable practitioners in Scotland.’

‘Garry Fergusson, Claire White and Catherine Curry are trustworthy and reliable members of the firm with an understanding of their insurer clients’ requirements.’

‘BTO continues to be at the forefront of Scottish litigation and insurance-related issues. Their expertise and competency remain a high priority for both insurers and clients.’

‘Catherine Currie’s and Garry Ferguson’s expertise and service standards are exemplary. They are extremely customer-focussed and provide an outstanding service.’

‘They do a good solid job. No frills and get the job done. They have commercial awareness.’

‘Stephen Bryceland is always responsive, very considered in his work and very aware of all parties in the claims he deals with. He achieves excellent results.’

Key clients

RSA


American International Group UK Limited


NFU Mutual Insurance Society Limited


Chubb European Group Limited


MPS, MDDUS & MDU


Newline


Tokio Marine


Riverstone Insurance Limited


UK General Insurance Limited


Work highlights


  • Acting in a £2.7m court action arising from an accident at work, in which the pursuer, who had previously suffered traumatic amputation of two fingers, suffered a serious crush injury to his other hand.
  • Instructed in a public liability case resulting from an injury suffered by the pursuer during an egg and spoon race at her daughter’s nursery.
  • Acting in an employers’ liability case involving a traumatic brain injury.

Clyde & Co

Clyde & Co‘s large personal injury defender team routinely provides advice on catastrophic injury matters alongside motor and occupational disease claims, including those involving cross-border elements. Offering special expertise in aviation claims, Edinburgh-based practice head Vikki Melville has a solid track record of successful litigation in the Commercial Court Division. Leading the firm’s casualty team in Aberdeen, Harry Boyle‘s practice includes high-value road traffic and employers’ liability claims as well as public liability actions in the Court of Session. The Edinburgh-based Andrew Constable is another key member of the team, handling employers’ liability, public liability and road traffic claims.

Practice head(s):

Vikki Melville


Other key lawyers:

Harry Boyle; Mark Donaldson; Toni Ashby; Andrew Constable; Tanya Gordon; Karen Dance; Greg MacDougall; Frank Hughes; Andrew Gilmour; Rachel Henry; Kirsty Yuill


Testimonials

‘They provide good strategic advice to us, which allows us to progress our cases towards a sound commercial settlement.’

‘Vikki Melville is very approachable and has excellent input into any cases she is involved in. She will think outside the box and adds value to our work.’

‘Clyde & Co is suitably resourced to deal with our volume claims in Scotland as well as more complex matters, primarily involving offshore contracts.’

Work highlights


  • Acted for major insurers in defending high-value catastrophic injury claims.
  • Acted for major insurers in defending complicated fatality-related litigation.
  • Acting in emerging areas of Scottish litigation, including on non-recent – or historic – childhood abuse matters.

DAC Beachcroft Scotland LLP

With offices in Glasgow and Edinburgh, DAC Beachcroft Scotland LLP’s claims solutions group consists of various specialist teams handling personal injury, motor, disease, insurance property recovery and defence mandates, including cross-border matters. Scotland location head John Maillie is described by clients as a ‘highly experienced standout individual’ and, as head of the Motor PI team, specialises in complex and catastrophic personal injury cases. Complex claims lead Rachel Rough is regularly instructed by clients such as Aviva and Axa to assist with high-value Scottish personal injury cases, while casualty injury head Louise Gallagher handles unusual and complex liability issues, policy indemnity and coverage matters as well as claims arising from major loss incidents. Solicitor advocate Gillian Rushbury is another key contact for large loss and catastrophic injury claims.

Practice head(s):

John Maillie


Other key lawyers:

Rachel Rough; Louise Gallagher; Claire Newcombe; Emma Fuller; Alan Taylor; David Magee; Grant Strathdee; Karen Railton; Annis Mackay; Gillian Rushbury


Testimonials

‘John Maillie is a highly experienced, capable, pragmatic lawyer with many years of experience in conducting complex personal injury cases. Highly respected by colleagues and clients. A standout individual.’

‘A brilliant team of able and respected lawyers with exceptional ability from partnership to assistant levels. Real ability in high-value, catastrophic, complex personal injury claims. The truly standout firm in this area of practice.’

‘Rachel Rough is commercially aware, very tactfully focused and highly skilled. This is all tied together with a conciliatory and approachable attitude.’

Key clients

AXA


Hastings


NFUM


ERS


Ageas


Tesco Underwriting


RSA


Aviva


Admiral


Zurich


Work highlights


  • Advised NFUM on an eight-day Court of Session personal injury case, where the pursuers sought £1m in damages. They were awarded £5k with a £15k tender in place.
  • Advised Ergo Insurance in respect of a £1m claim by an air passenger injured whilst disembarking from an Easyjet flight leading to the case being dismissed against the insured.
  • Defeated a £900,000 claim for chronic pain raised against an AXA XL insured by securing intel that she had concealed she had been working in a pub for over a year.

Harper Macleod LLP

Harper Macleod LLP‘s personal injury and reparation department is praised by clients for its ‘great breadth of experience and knowledge’ and operates across a broad spectrum of matters, including public and employers' liability as well as road traffic accident and product liability claims. Consultant Elizabeth Mitchell and Heather Calderwood, who is routinely called upon to advise on wrongful death and fatal claims, co-lead the team from Glasgow, which includes Suzanne McGarrigle; she specialises in industrial disease claims, including asbestos exposure and hearing loss.

Practice head(s):

Elizabeth Mitchell; Heather Calderwood


Other key lawyers:

Amy Dickson; Suzanne McGarrigle


Testimonials

‘Great breadth of experience and knowledge, with a mix of different personalities that complement and support one another. The quality and diversity of work is excellent.’

‘Suzanne McGarrigle is highly professional and experienced, alive to commercial realities and litigation risks but also focussed on getting the best results for her clients.’

‘Amy Dickson is practical and commercial with a skill for getting things done. Her clients trust her as she tells it like it is. She is a very talented lawyer, who is very reliable and consistently achieves results.’

‘Diligent preparation, client-focused, knowledgeable advice and representation.’

Kennedys

Kennedys' liability team in Edinburgh and Glasgow has been increasingly active in occupational disease-related matters as well as in public and healthcare sector work; an offering that is complemented by expertise in employers' and occupiers' liability, fatal damages claims and historic abuse cases. Team head Rory Jackson is ‘highly regarded by colleagues and peers’ and is active across a range of sectors, such as manufacturing, construction, and oil and gas. ‘Outstanding lawyer’ Peter Demick excels in complex property damage claims, while Daniela Fusi specialises in occupational disease matters.

Practice head(s):

Rory Jackson


Other key lawyers:

Peter Demick; Daniela Fusi


Testimonials

‘Daniela Fusi is a brilliant, analytical litigation lawyer.’

‘The team is strong in numerous disciplines. They offer clear and unbiased advice at reasonable rates and great attention to detail.’

‘The team is always available for a quick call or discussion and put themselves out to ensure they can provide the best service for us. Honourable mention must go to Peter Demick.’

Key clients

Aviva


AXA Insurance


Covea Insurance


Haven Insurance


HDI Global Insurance


Liberty Mutual Insurance


TUI UK


Morton Fraser MacRoberts

Regularly instructed by high-profile clients, such as the Ministry of Defence, the UK Government and the Royal Mail, Morton Fraser MacRoberts’s insurance litigation team is led by the ‘exceptionally knowledgeable’ Jenny Dickson, who is noted for her expertise in industrial disease cases. She is supported by Robyn Keay, a member of the department’s defender reparation team, who is well versed in handling complex noise-induced hearing loss and asbestos-related cases. Jennifer Thomson left the firm in December 2022 for on in-house position.

Practice head(s):

Jenny Dickson


Other key lawyers:

Robyn Keay


Testimonials

‘The team is able to work through a high volume of litigations whilst giving each case the care and attention it deserves.’

‘Jenny Dickson provides pragmatic advice and really understands the sector.’

‘The depth of knowledge and experience of the team is what makes it unique.’

Key clients

Ministry of Defence (MOD)


Royal Mail


Scottish Government


UK Government


Police Scotland


Historic Environment Scotland


Work highlights


  • Acting for the Ministry of Defence on a high-value fatal case, in which several pursuers are seeking damages for the death of a relative.
  • Acted for the Scottish Ministers successfully settling a complex, multi-million pound disease claim raised by a former employee of the Scottish Government.
  • Successfully defended a claim made against a Scottish local authority, alleging that it owed a duty of care to a victim, who was sexually assaulted by a young adult on unsupervised leave from a care home.

Anderson Strathern

Robert Carr, Catriona Watt and Gillian Jamieson jointly steer Anderson Strathern’s dispute resolution department, which is equipped to handle an array of personal injury actions, including loss of society and catastrophic injury, road traffic accidents and indemnity claims. Praised for her ‘excellent judgement’, Sarah Phillips has a broad practice and a high level of experience in representing clients in the Court of Session, All-Scotland Sheriff Personal Injury Court and before Sheriffs Courts.

Practice head(s):

Robert Carr; Catriona Watt; Gillian Jamieson


Other key lawyers:

Sarah Phillips


Testimonials

‘Part of a larger, highly respected and top-quality firm, the personal injury team lives up to the reputation of the firm as a whole for delivering a high-quality service from diligent and conscientious experts in their field.’

‘Sarah Phillips is knowledgeable and wholly dependable, a safe pair of hands for high-value cases.’

‘Anderson Strathern is one of the few remaining middle-sized, independent Scottish law firms, which gives them special client focus, in my view.’

Key clients

Co-operative Insurance (Soteria Insurance Ltd.)


The Scottish Government


The Scottish Prison Service


Scottish Water


Risk Management Authority


Scottish Midland Co-operative Society/Aviva


Scottish Courts and Tribunal Service


HSE


Work highlights


  • Acting on behalf of the Scottish Prison Service in relation to two deaths in custody, involving young offenders.
  • Acted on behalf of the Scottish Prison Service in defending a fatal claim for damages by 13 family members, whereby the deceased had committed suicide whilst in custody.
  • Acting on behalf of the Scottish Prison Service in defending a number of personal injury claims by prison officers for symptoms from which they suffered following secondary exposure to unknown substances (NPS), which are being used by prisoners across the Scottish prison estate.

Burness Paull LLP

Burness Paull LLP's dispute resolution department focuses on work in the energy, maritime, construction and utilities industries, regularly handling industrial disease and product-related claims. Lead Andrew Forsyth in Edinburgh is described as ‘thorough and experienced’ and is sought out by large corporates, marine insurers and self-insured vessel operators for advice on personal injury litigation, the defence of occupational disease claims and employers’ liability claims.

Practice head(s):

Andrew Forsyth


Other key lawyers:

Neil Smith; Lynne Moss


Testimonials

‘Extremely proactive. We always feel like it’s a personal service, and they are on top of the case. Extremely detailed preparation and ready to give recommendations based on sound justifications.’

‘Andrew Forsyth is not only great at handling cases but extremely engaged in updating us with litigation developments.’

‘The team has good technical and institutional knowledge, and they are always prepared to listen to their client’s needs.’

‘Burness Paull has a solid team, particularly in the marine and offshore fields.’

‘Andrew Forsyth is thorough and experienced. A pleasure to deal with.’

‘The team has knowledge of marine law. They know the area of law well. They also know their client’s business and maintain a commercial view with their advice and don’t just focus on the legal position.’

‘An all-round excellent team with a broad range of experience. Able to provide concise, clear advice, which dovetails sound legal knowledge with commercial pragmatism; exceptionally good service.’

‘Andrew Forsyth is practical in his approach, his response is swift and commercial, and he gives clear advice.’

Key clients

Kier


Subsea 7


North of England P&I Association


Thomas Miller Claims Management


Resolute Management


Halliburton


Stena Drilling


Sunderland Marine


R&Q


Standard Club


Work highlights


  • Representing a vessel-owning company in relation to a seven-figure damages claim following a serious accident at sea.
  • Acting in the defence of a catastrophic workplace injury claim involving paralysis and amputation.
  • Representing a utilities company on its range of industrial disease claims in Scotland, including for asbestos, noise and vibration exposure.

DWF

DWF ‘combines a deep knowledge of insurance law with a commercial approach’ and is jointly led by Jill Sinclair, who heads the department’s reputed counter fraud practice from Glasgow, high-value litigation expert Lynne Macfarlane, also in Glasgow, and Andrew Lothian in Edinburgh, who specialises in defending insurers and self-insured entities in catastrophic injury and fatal claims. Senior associate Justine Reilly is another key member of the team, frequently advising on fraudulent motor claims, suspected fraudulent credit hire and public liability claims.

Practice head(s):

Jill Sinclair; Andrew Lothian; Lynne Macfarlane


Other key lawyers:

Justine Reilly; Caroline Coyle; Calum Mathieson


Testimonials

‘The DWF team combines a deep knowledge of insurance law with a commercial approach centred on the client’s perspective, which is invaluable.’

‘Andrew Lothian provides excellent leadership. Jill Sinclair drives innovation with a passion on behalf of her clients. Justine Reilly has a clear client focus.’

‘DWF’s counter fraud team are true experts in their field. Not only are they keen to work with their clients to develop effective, pre-litigation strategies, but are also robust and tenacious in defending their client’s position in litigation.’

Key clients

RSA


Aviva


Markerstudy


Liverpool Victoria


QBE


Tokio Marine Kiln


Argo


Gallagher Bassett


Allianz


Civil Nuclear Police Authority


Work highlights


Keoghs LLP

Described by clients as ‘a close-knit team’ with ‘profound knowledge of insurance matters’, Keoghs LLP is especially well versed in large loss, fraud and historic abuse matters. Douglas Cowan leads the department’s dedicated large loss unit and has a specialism in offshore personal injury claims. Other key contacts include casualty & health and safety team head David Hennessy and head of fraud and credit hire Emily Jeffrey, who regularly works with insurers to implement and develop their counter-fraud strategies.

Practice head(s):

Douglas Cowan; David Hennessy; Emily Jeffrey


Other key lawyers:

Calum Fife


Testimonials

‘Small, professional and approachable team.’

‘Keoghs has a profound knowledge of insurance matters. They are thus uniquely placed to represent their insurance clients.’

‘Obvious firm of choice for insurers.’

Key clients

Liverpool Victoria Insurance


Allianz Insurance


AXA Insurance


Motor Insurers’ Bureau


Ageas Insurance


Hastings Insurance Services


Fist Central Insurance


Tesco Stores


Sainsbury’s Supermarkets


Iceland Foods


Work highlights


  • Represented a large retail client in defence of a claim by an employee manager, who slipped on ice at a store car park.
  • Acted for the largest UK holiday park operator on a claim by an employee cleaner, who fell in a hole in the grass adjacent to a caravan.
  • Acted for M&S on a claim by an employee following a trip on alleged discarded packaging.

Ledingham Chalmers LLP

Spread across offices in Edinburgh, Aberdeen and Inverness, Ledingham Chalmers LLP specialises in fraudulent, catastrophic and fatal claims, including those brought against local authorities. Co-lead Graeme Edward’s practice extends to historic child abuse claims, while fellow co-head Victoria Leslie's workload includes employers’ liability and industrial disease claims. Co-head John Chalmers leads the firm’s Edinburgh office, which includes Sarah Morris; she has particular expertise in stress at work cases.

Practice head(s):

John Chalmers; Graeme Edward; Victoria Leslie


Other key lawyers:

Sarah Morris


Testimonials

‘Excellent knowledge of our sector and challenges we face, together with the legislative knowledge to support us in litigated claims.’

‘They have great attention to detail, explain everything clearly and talk us through potential outcomes. Both Sarah Morris and John Chalmers have supported us in more than one area.’

‘Excellent – each solicitor is fantastic!’

Key clients

Direct Line Group


Gallagher Bassett


Zenith Insurance


Tradex Insurance


Markerstudy Insurance


North Lanarkshire Council


Zurich Insurance


Highland Council


City of Edinburgh Council


South Lanarkshire Council


Scottish Borders Council


Work highlights


  • Defending a high-value catastrophic claim in the Court of Session for one of three co-defenders.
  • Defending a local authority in an employers’ liability claim following an explosion at work.
  • Defending an industrial disease claim on behalf of a local authority.

Weightmans LLP

Jointly led by Pamela Stevenson and Seonaid Busby, Weightmans LLP‘s insurance department operates across the whole spectrum of personal injury claims, including those related to disease, abuse and catastrophic injuries. Described by clients as ‘dedicated, skilled and highly organised’, Stevenson has over 20 years’ experience in the insurance field and is especially recommended for disease claims.

Practice head(s):

Pamela Stevenson; Seonaid Busby


Testimonials

‘Weightmans is particularly strong in understanding the needs of their insurance clients.’

‘They have the scale of a UK law firm but a distinct local presence in Glasgow. They are thus well placed to understand their clients’ litigation needs.’

‘Pamela Stevenson is exceptional. She is dedicated, skilled and highly organised and motivated. She is also brilliant at nurturing the talent of the more junior solicitors in her team.’

Key clients

Zurich Insurance


Markerstudy


First Central Insurance


AIG Europe


Sabre Insurance


Hiscox


Hastings Insurance


First Underwriting


AXA XL


BAI


Work highlights


  • Advising AIG Europe Limited in a pleural plaques action that has been raised in the All-Scotland Sheriff Personal Injury Court.
  • Advising Zurich Insurance and a charity organisation in a human rights action in the Forfar Sheriff Court.
  • Representing Municipal Mutual Insurance Plc in a Court of Session fatal mesothelioma action.