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Morton Fraser

QUARTERMILE TWO, 2 LISTER SQUARE, EDINBURGH, EH3 9GL, SCOTLAND
Tel:
Work 0131 247 1000
DX:
EDINBURGH 119
Email:
Web:
www.morton-fraser.com

Scotland: Corporate and commercial

Corporate and commercial: Edinburgh and Glasgow
Corporate and commercial: Edinburgh and Glasgow - ranked: tier 3

Morton Fraser

Morton Fraser acts for SME and family businesses on a wide range of matters, but also has a strong presence in the public sector. The group also has substantial experience acting for investors and regularly supports universities and other higher education institutions in Scotland with developing spin-out businesses. Austin Flynn heads the team, which was recently supplemented by the arrival of Alan Meek from MacRoberts LLP.

Practice head(s):Austin Flynn

Other key lawyers:Adrian Bell; Iain Young; Paul Geoghegan; Melanie Schwindt; Julie Nixon

Key Clients

NES Global Talent

BNP Paribas Leasing Solutions

The Scotch Whisky Association

CBRE Global Investment Partners

Scottish Mines Restoration Trust

Mercia Technologies

Schuh Limited

Diageo

TerraProtein Equity Partners Limited

Carrick Asset Finance Limited

Work highlights

  • Advised the shareholders of A.B. 2000 Ltd on the sale of the company to UK plant hire group Quatro.
  • Acted for the shareholders of Provista Technology Services Limited, a provider of specialist networking and communications solutions, on the sale of the company to PCM Technology Solutions UK Ltd.
  • Acted for The National Piping Centre on its acquisition of the charitable and commercial activities and assets of The College of Piping.
  • Advised MGB Biopharma Limited on a £2.7m grant from Innovate UK and a £1.3m equity investment from the Archangel Investors Ltd, Barwell, Tri Capital Ltd, the Scottish Investment Bank and Syndicate Room.

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Scotland: Crime, fraud and licensing

Licensing
Licensing - ranked: tier 2

Morton Fraser

Morton Fraser's client roster consists of a wide range of public and private sector clients, most notably from the hospitality and food and drink industries. The team led by David Hossack is frequently involved in licensing procedures concerning hotels and visitor centres and has particular expertise in liquor licensing.

Practice head(s):David Hossack

Other key lawyers:Douglas Milne; Susan Leslie

Key Clients

Historic Environment Scotland

Diageo Scotland

The City of Edinburgh Council

Accor Hotels UK

Travelodge Hotels

Scotland's Rural College (SRUC)

Security Industry Authority (SiA)

Scottish Canals

Continuum Group

Edinburgh Beer Factory

Work highlights

  • Representing The City of Edinburgh Council in all appeals against its licensing decisions; this includes alcohol licences as well as decisions taken under the Civic Government (Scotland) Act 1982.
  • Representing Travelodge in all licensing work in Scotland.
  • Advising Diageo on an ongoing basis on a wide range of licensing issues; recently, the team assisted Diageo with an application to the Argyll and Bute Licensing Board to change the terms of the licence for the distillery visitor centre in Oban.
  • Assisted Diageo with a variation of premises licence for its distillery visitors' centre near Inverness to respond to local tourism needs.
  • Advising Accor Hotels UK on all its licensing work across Scotland.

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Scotland: Dispute resolution

Commercial litigation
Commercial litigation - ranked: tier 3

Morton Fraser

Morton Fraser receives regular instructions from high-net-wort individuals and other private clients to act in disputes arising from their business activities, but the team is equally well placed to assist corporate and public sector clients with various commercial and corporate disputes. Richard McMeeken is the main contact.

Practice head(s):Richard McMeeken

Other key lawyers:Maggie Moodie; Nicola Ross

Key Clients

Crannog Investments

Tuskerdirect

Tesco Stores

Green Town (Heartlands)

Standard Life

Environment Agency

BAM Developments

Lloyds Bank Commercial Finance

Schuh

Empire Systems

Work highlights

  • Acted for the administrators of Granite City Assets in relation to a corporate dispute arising out of a commercial transaction in Aberdeen.
  • Acted for an individual in an equine sector dispute pertaining to alleged false information provided on the height of a horse prior to its sale for competition purposes.
  • Acted for an investor in a £1m investment dispute in the Glasgow Sheriff Court.
  • Acted for a well known Scottish family in a complex partnership dispute worth £500k.
  • Acted for Graham & Sibbald, a national firm of chartered surveyors, in a dispute with a former partner concerning questionable expenses.

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Debt recovery
Debt recovery - ranked: tier 1

Morton Fraser

Morton Fraser is well versed in advising FCA-regulated clients and other lenders on internal processes and FCA requirements but the team led by Bill Stark also provides wide-ranging debt recovery services to public and education sector clients as well as self-invested personal pension (SIPP) providers, PLCs, SMEs and individuals.

Practice head(s):Bill Stark

Other key lawyers:Maggie Moodie; Nicola Ross

Key Clients

Glasgow Credit Union

Advantedge Commercial Finance (North)

Commsave Credit Union

Central Demolition

Marsh Finance

Investec

Work highlights

  • Acting for the joint administrators of Extra Energy Supply in the pursuit of unpaid invoices for the provision of gas and electricity.
  • Regular assistance with the recovery of sums as sole supplier of debt recovery services to the Scottish Environment Protection Society.
  • Acting for Glasgow Credit Union and seven other credit unions in the pursuit of unpaid loans.

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Scotland: Finance

Banking and finance
Banking and finance - ranked: tier 3

Morton Fraser

Morton Fraser handles all aspects of financing matters and loan portfolio transactions, and Clydesdale Bank, Barclays, AIB Group and Close Leasing are notable clients in the firm's roster. The team's real estate finance expertise was recently bolstered by a series of arrivals; the group also has substantial experience in banking litigation and the fintech space. Group head Andrew Meakin specialises in corporate debt financing and general bank advisory work, while John Lunn heads the retail banking space.

Practice head(s):Andrew Meakin

Other key lawyers:John Lunn

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Insolvency and corporate recovery
Insolvency and corporate recovery - ranked: tier 2

Morton Fraser

The team at Morton Fraser draws on experts from a range of specialist areas and disciplines including restructuring, litigation, banking, property, employment, financial crime and asset based lending. The group recently welcomed Alan Meek into the Glasgow office from MacRoberts LLP ; he jointly leads the group with non-contentious expert Iain Young. The team also includes insolvency litigation specialists Richard McMeeken in Edinburgh and Nicola Ross in Glasgow.

Practice head(s):Iain Young; Alan Meek

Other key lawyers:Richard McMeeken; Nicola Ross

Key Clients

FRP Advisory

Johnston Carmichael

French Duncan LLP

KPMG LLP

Deloitte LLP

Grant Thornton

Metis Partners

Armstrong Watson

RSM

BDO LLP

Work highlights

  • Acted for BDO LLP as administrators of Granite City Assets in a petition for directions in a Court of Session relating to whether a claim by a group of creditors was secured.
  • Representing Geoghegan & Co in an action of accounting brought against the former owner of Subway (Edinburgh), who is alleged to have taken £1.5m from the company.

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Scotland: Human resources

Employment
Employment - ranked: tier 2

Morton Fraser

Acting for employer and employees across the public, private and third sectors, Morton Fraser fields a large team covering the gamut of employment law from non-contentious equal pay and TUPE-related corporate work to various employment tribunal cases, which typically involve discrimination, unfair dismissal and holiday pay claims. Its contentious abilities also include mediation. Innes Clark is 'very good' and heads the team, which includes legal director Alan Delaney; he joined the firm in April 2018 from Dentons and has significant experience of TUPE and restructuring issues.

Practice head(s):Innes Clark

Other key lawyers:Lindsey Cartwright; David Hossack; David Walker; Alan Delaney

Key Clients

Ministry of Defence

Royal Mail Group

Scottish Salmon Producers' Organisation

Shuh

Micron Europe

Scotland's Rural College (SRUC)

The

Scottish Government and the Office of the Advocate General

Atpac

Van Oord

DAS Insurance

Work highlights

  • Continues to act for Unison against Glasgow City Council in the largest equal pay litigation in Scotland. This relates to equal pay claims brought by Unison's members against Glasgow City Council and associated employers.
  • Defending over 1,000 claims arising from changes to public sector pensions (age discrimination, equal pay and sex discrimination).
  • Advised the coach of a national sporting team on a potential constructive dismissal claim arising as a result of material changes to his role by his employer during his notice period.
  • Advising a charity on various employment law matters in Scotland and carrying out a wholesale review of all of its employment documentation.
  • Represented SDC Group on the acquisition of four dental practices in various parts of Scotland, which included advice on employee indemnities and warranties in transactions involving the Transfer of Undertakings (Protection of Employment) Regulations 2006.
Leading individuals

Innes Clark - Morton Fraser

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Health and safety
Health and safety - ranked: tier 3

Morton Fraser

Morton Fraser regularly acts for regulators, most notably the Health and Safety Executive (HSE), in fatal accident inquiries, investigations and appeals against enforcement and prohibition notices alongside regulatory matters. Jenny Dickson heads the team.

Practice head(s):Jenny Dickson

Key Clients

Health and Safety Executive (HSE)

Air Accident investigation Branch (AAIB)

Office for Nuclear Regulation (ONR)

Work highlights

  • Acting on behalf of the Department for Transport and the Air Accident Investigation Branch (AAIB) in the fatal accident inquiry following the Clutha Bar police helicopter crash in Glasgow.
  • Defending an appeal against an improvement notice served by the Health and Safety Executive.

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Immigration
Immigration - ranked: tier 1

Morton Fraser

With particular expertise in business immigration, Morton Fraser's strength lies in advising clients, including multinational companies, on Tier 1 (Entrepreneur) applications, Tier 1 (Exceptional Talent) applications in the digital technology sector and Tier 2 sponsor licence suspension and revocation issues. As another key area of expertise, the team routinely handles relocation company work and assists individuals with personal immigration matters. David Hossack is the main contact.

Practice head(s):David Hossack

Other key lawyers:Stuart McWilliams

Key Clients

AGS 360 Solutions

Axis Productions

Skyscanner

TF Snacks

Televerde Europe

Full Creative

CSWind (UK)

Codeplay

EMS Employee Mobility Solutions

Altair

Work highlights

  • Represented a GP in a Human Rights claim, following refusal of her indefinite leave to remain application.
  • Advised a British national living abroad on a complex nationality case due to the use of a sperm donor to conceive his daughter.
  • The team continues to act as the immigration advisors for the relocation company AGS 360. This service involves providing ongoing immigration advice and preparing a range of visa applications for its clients, primarily BMW.
  • Advised Axis Productions on Tier 2 and Tier 5 visas alongside certificates of sponsorship, rights of spouse and ancestry visa holders while also advising its US chairman on possible business visa options to relocate to the UK.
  • Providing advice to a higher education institution on post-Brexit rights for EU staff.

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Scotland: Insurance

Medical negligence: pursuer
Medical negligence: pursuer - ranked: tier 2

Morton Fraser

Morton Fraser's practice, which was boosted in late 2018 by the addition of former Shoosmiths lawyer Derek Couper, is particularly adept at pursuing delayed diagnosis cases, birth injury cases and fatal claims. Experienced practice head and solicitor advocate Jenny Dickson is an expert on the latest developments in the field, and handles a wide ambit of high value claims, including a substantial cerebral palsy claim. In 2018 the firm rolled out a range of legal aid options for clients requiring financial support.

Practice head(s):Jenny Dickson

Other key lawyers:Derek Couper

Key Clients

Innes & Mackay, Solicitors

Glasgow Law Practice

Work highlights

  • Represented the family of young man who died of a heart attack after his GP failed to diagnose a pulmonary embolism.
  • Acting for the family of an individual who died when her prescription medicines caused pulmonary complications.
  • Represented client who was injured during surgery, and whose consent had not properly been taken prior to the operation.
  • Represented client in an unwanted pregnancy case after a contraceptive coil was fitted incorrectly.

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Personal injury: defender
Personal injury: defender - ranked: tier 2

Morton Fraser

Acting predominantly for major clients in the public sector, Morton Fraser’s personal injury practice deals with a high volume of asbestos and historical abuse claims, in addition to work deriving from road traffic accidents, serious brain injuries and employers’ liability claims. Practice head Jenny Dickson, who sits on the FOIL Disease Sector Focus Team, helped the firm to win a competitive tender process in 2018 to exclusively represent Royal Mail in the personal injury sphere.

Practice head(s):Jenny Dickson

Key Clients

Royal Mail

AIG Europe Ltd & AMEC Foster Wheeler

Ministry of Defence

Scottish Government

UK Government

Work highlights

  • Representing AIG Europe and Amec Foster Wheeler, the firm successfully defended an appeal in the UK Supreme Court by a claimant who sought damages for purely psychiatric injury, specifically PTSD, caused by a fire at work which trapped him on the roof of a building for a period of time.
  • Achieving an out-of-court settlement for the Ministry of Defence in a fatal mesothelioma case arising from historic exposure to asbestos during the course of the deceased's employment.
  • Negotiating a settlement on behalf of Royal Mail in a claim for damages arising from a catastrophic brain injury sustained by the pursuer at work.
  • Advising a client regarding a multi-jurisdictional claim brought by a pursuer who sustained serious injuries during a road traffic accident in England
Leading individuals

Jenny Dickson - Morton Fraser

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Personal injury: pursuer
Personal injury: pursuer - ranked: tier 2

Morton Fraser

Morton Fraser’s personal injury practice achieved a 50% surge in instructions in 2018, with cyclists claims for damages being a particular area of growth for the firm. The team is known for robustly pursuing fatal claims, in particular those brought by bereaved families of victims killed in road traffic accidents, and brings further expertise handling claims in all areas where there are potential health and safety breaches, such as major construction accidents and exposure to asbestos at work. Senior associate Nicola Edgar stands out for her instruction in a wide range of employers' and public liability claims.

Practice head(s):Jenny Dickson

Other key lawyers:Nicola Edgar

Key Clients

DAS Legal Expenses Insurance

NewLaw Solicitors

O'Donnell & Co

Strata Solicitors

The Glasgow Law Practice (GLP)

Work highlights

  • Representing the families of two men who were fatally injured in a road traffic accident.  
  • Representing the family of a child killed in a road traffic accident, in a case that involves the rare question of whether step-grandparents and step-grandchildren are entitled to damages.
  • Representing the family of a construction worker killed when he fell from scaffolding.
  • Representing the family in a fatal mesothelioma case.

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Scotland: Private client

Agriculture and estates
Agriculture and estates - ranked: tier 3

Morton Fraser

Morton Fraser advises major public sector clients on renewable energy projects, predominantly involving the development of wind farms, and regularly represents lenders and high net worth individuals in leasing arrangements pertaining to estates and land development. The team has further expertise acting for landlords in the contested termination of agricultural tenancies, and representing farming partnerships in the sale of assets and the winding up of estates. Accredited specialist James Rust heads up the team, handling transactional work, agricultural and crofting tenancies and land management issues. New partner Linsey Barclay-Smith joined the team from Thorntons Law LLP in late 2018

Practice head(s):James Rust

Other key lawyers:Linsey Barclay-Smith

Key Clients

Scottish Wildlife Trust

C G Grieg Limited

Balmoral Estates

Newbie Salmon Fisheries (Property) Limited

Scottish Natural Heritage

John Lynch (Builders) Limited

James Christie & Sons

The Scottish Ministers

Arqiva Limited

Yorsipp Trustees Limited

Ministry of Defence

Barclays Bank plc

Leading individuals

James Rust - Morton Fraser

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Contentious trusts and probate
Contentious trusts and probate - ranked: tier 1

Morton Fraser

Morton Fraser's practice frequently represents executors in conflicts with other executors over their legal duties, and also acts for beneficiaries, individuals with Power of Attorney and trustees, often in matters where the clients are seeking to recover loans or entitlements owed to them. The firm has additional expertise proving the tenor of lost wills, and acting in unusual cross-jurisdictional matters including a trust variation case in the Court of Session. Private client head Sue Hunter, a qualified financial adviser, advises clients on the efficient structuring of business assets and acts for some of the firm's most significant commercial clients.

Practice head(s):Richard McMeeken; Sue Hunter

Work highlights

  • We are regularly instructed to raise court action to prove the tenor of Wills and other testamentary writings which have been lost.
  • We acted for our client in defending a Court of Session action for reduction of confirmation and to interdict him from acting as executor.
  • We were instructed by an executor to force his joint executor to progress the administration of his late father's estate.
  • We were instructed to recover a debt due to our clients from their late son's estate.
  • Acting for the executors and the beneficiary of an estate to recover loans made by the deceased and to defend an action raised against the executors for payment of sums purportedly due by the estate on termination of a lease.
Leading individuals

Sue Hunter - Morton Fraser

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Family
Family - ranked: tier 2

Morton Fraser

Morton Fraser s family law practice regularly advises on financial provision cases related to divorce proceedings, often involving complex disputes over what qualifies as matrimonial property, as well as regularly being instructed to handle contentious child law cases, including securing the return of children under the Hague Convention. The team, which is led by the long-serving Rhona Adams, also pursues claims against local authorities in child law cases and often acts in cross-border claims. Consultant solicitor Savita Sharma has acted in several international child law matters and intra-UK disputes over the appropriate jurisdiction to raise court proceedings. Trudy Burns joined as a senior solicitor from Turcan Connell in early 2019.

Practice head(s):Rhona Adams

Other key lawyers:Savita Sharma; Trudy Burns

Key Clients

The City of Edinburgh Council

Glasgow City Council

Orkney Islands Council

Crown Commercial Service Wider Public Sector Legal Services Panel

East Lothian Council

Aberdeenshire Council

Highland Council

West Lothian Council

Ministry of Defence

Work highlights

  • Acted for a wife in a financial provision divorce case in Edinburgh Sheriff Court.
  • Acted for petitioner in child abduction petition involving children removed from Estonia to Scotland.
  • Represented petitioner in application under Hague Convention for return of a child to Sweden from Scotland.
  • Acted for husband defender in financial provision divorce proceedings initially raised in Sheriff Court but then remitted to Court of Session.
  • Represented Glasgow City Council in an appeal by a parent against them arising from their failure grant an educational placing request by that parent.

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Personal tax, trusts and executries
Personal tax, trusts and executries - ranked: tier 3

Morton Fraser

Morton Fraser significantly bolstered its team during 2018 with the hires of Gregor Mitchell  and consultants Douglas Hunter and Keith Oliver from Addleshaw Goddard. The team carries out a high volume of work for trustees, including advising on the establishment and variation of trusts and charitable trusts, handling the administration of trusts with cross-border capital, and providing tax and legal advice on inherited assets. On the executors’ side, the firm are known for resolving conflicts of interest that emerge between executors and trustees and advising on inheritance tax liability relating to estate administrations. Chartered financial adviser Sue Hunter heads up the private client division and frequently advises high net worth individuals on their tax and succession needs.

Practice head(s):Sue Hunter

Other key lawyers:Gregor Mitchell

Work highlights

  • Advised on variation of charitable trust where advances in medical research mean that the funds could be used more effectively if merged with a larger charity.
  • Dealing with complex lifetime tax planning to maximise benefit to beneficiaries and minimise client's income tax liability.
  • Handled executry administration including significant private company share planning.
  • Acting for client regarding onshore and offshore tax planning involving farmland and partnership interests.
  • Represented executors in multimillion-pound estate with substantial family farming company.
Leading individuals

Sue Hunter - Morton Fraser

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Scotland: Projects, energy and natural resources

Energy (excluding oil and gas)
Energy (excluding oil and gas) - ranked: tier 4

Morton Fraser

Morton Fraser is recognised its advise on property matters relating to energy projects; the group is particularly noted for its strong track record handling the specialised crofting and agricultural issues arising from energy developments. The energy team also acts for landowners and developers on consenting, licensing, developing and financing issues, and commercial agreements. Environmental law specialist Nick Atkins heads up the group and is also an expert in nuclear law; and James Rust handles onshore renewables projects for landowners. The firm's agricultural practice was recently bolstered by the arrival of Linsey Barclay-Smith from Thorntons Law LLP.

Practice head(s):Nick Atkins

Other key lawyers:James Rust; Linsey Barclay-Smith

Key Clients

United Kingdom Atomic Energy Authority, Dounreay Site Restoration Limited

Ministry of Defence

Social Investment Scotland

Glenmuckloch Community Energy Park Limited

Scottish Wildlife Trust

Work highlights

  • Advised the UK Atomic Energy Authority and Dounreay Site Restoration on nuclear site decommissioning work and the disposal of radioactive waste.
  • Represented the Ministry of Defence in Scotland in its objection to the Hill of Towie II wind farm in Morayshire.
  • Acted for Social Investment Scotland on its business loan lending to the third sector in Scotland.
  • Assisted Glenmuckloch Community Energy Park with the development of two community wind turbines.

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Scotland: Public sector

Education
Education - ranked: tier 3

Morton Fraser

Morton Fraser's strength lies in advising local authorities, public education bodies and private schools on sector-specific employment and immigration law matters alongside reputational issues pertaining to student and pupil relationships, student accommodation property work and litigation. David Walker is the main contact.

Practice head(s):David Walker

Other key lawyers:David Hossack

Key Clients

Scotland's Rural College (SRUC)

The Scottish Council of Independent Schools (SCIS)

George Watson's College

Glasgow Kelvin College

George Heriot's School

Craigclowan Preparatory School

Student Awards Agency for Scotland

Scottish Schools Education Research Centre

Empiric Student Property

East Renfrewshire Council

Work highlights

  • Successfully represented a leading university in its defence of an unfair dismissal and discrimination claim.
  • Providing immigration advice to a higher education institution which includes a review of its policies and procedures relating to international workers.
  • Advised SCIS on the production of templates and policies for its members; this involved sector-specific advice on contract law, consumer finance, GDPR, parental rights and responsibilities, child law and equality law.
  • Advised Empiric Student Property on a £7.1m student accommodation acquisition in Edinburgh.
  • Assisted George Heriot's School with GDPR and Data Protection Act 2018 compliance. This included reviewing and updating all relevant documentation and processes, including updating and preparing privacy notices for staff, job applicants, pupils, parents and others and updating and preparing internal data protection policies.

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Local government
Local government - ranked: tier 2

Morton Fraser

The team at Morton Fraser has particular expertise in local government litigation and is frequently instructed to assist with judicial reviews, internal investigations and public enquiries. In the non-contentious space the group, led by Rory Alexander , is experienced in handling a wide range of matters arising from public sector projects, most notably planning and environmental matters, but it also advises on election law and governance structures.

Practice head(s):Rory Alexander

Key Clients

The City of Edinburgh Council

Glasgow City Council

Aberdeen City Council

Orkney Islands Council

East Lothian Council

Aberdeenshire Council

Highland Council

West Lothian Council

Environment Agency

Work highlights

  • Advised the Strategic Development Planning Authority (the SDPA) on a Supreme Court appeal in respect of a challenge by Elsick Development Company against the SDPA's Supplementary Guidance which seeks contributions to a strategic transport fund.
  • Assisting the City of Edinburgh Council with an application for a proposed residential development, local centre and community facilities at East of Millburn Tower, Edinburgh.
  • Advising the council on an appeal by West Craigs against the refusal of planning permission for a residential and commercial development at West Craigs.
  • Acting for Aberdeen City Council in defence of a legal challenge by objectors to the new Aberdeen Football Club stadium at Kingsford in Aberdeen following the council's permission for the new £50m stadium.
  • Acted for Jordanhill Community Council in a judicial review of a decision of Glasgow City Council to grant planning permission for a large residential development on the site of the University of Strathclyde's Jordanhill College.

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Scotland: Real estate

Commercial property: Edinburgh and Glasgow
Commercial property: Edinburgh and Glasgow - ranked: tier 2

Morton Fraser

Commercial property: leisure and hospitality - ranked: tier 2

Morton Fraser

Commercial property: retail - ranked: tier 1

Morton Fraser

The property team at Morton Fraser has particular strengths in the student accommodation and telecoms sectors, where Brian Hutcheson and public sector specialist Amy Entwistle lead the work respectively. Elspeth Carson heads up the retail sub-group. Michael Ramsay recently became head of the real estate group with former team leader Jonathan Seddon focusing on construction work. Other areas of expertise for the team include investment issues, residential housing developments, estate management work and pensions-related matters. Alan Stewart joined the firm from Dentons.

Practice head(s):Michael Ramsay; Elspeth Carson (Retail)

Other key lawyers:Brian Hutcheson; Amy Entwistle; David Stewart; Brian Macfarlane; Alan Stewart

Key Clients

Tesco

Rockspring/Patrizia

Empiric Student Property PLC

Moorgarth Group

Taylor Wimpey

Diageo

Visit Scotland

Hunter UK Retail Trust

BAM Properties Limited

Bloc Hotels

Work highlights

  • Assisting Diageo with its agreement for lease and new lease for the relocation of its Edinburgh headquarters.
  • Advising Patrizia on the sale of its Tanfield multi-let office development.
  • Acting for BAM Properties on the leasing of the top three floors at Capital Square, Edinburgh to Brodies LLP.
  • Assisted Tesco with the re-letting of the former Tesco Distribution Centre at Caputhall Road, Livingston to DHL Supply Chain and the subsequent sale of the property to Rossco Properties.
  • Advised Crucible Alba Group on the acquisition and forward funding of a Travelodge development at South Gyle, Edinburgh, and the subsequent sale of the development to LXI REIT.
Leading individuals

Elspeth Carson - Morton Fraser

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Construction
Construction - ranked: tier 3

Morton Fraser

The team at Morton Fraser is led by Jonathan Seddon and is best known for its involvement in large-scale development projects such as office developments, student accommodations and commercial properties. As well as advising developers on various construction matters, the team is also well versed in handling transactional work. Its contentious workload includes various disputes arising from alleged construction defects and breaches of construction contracts.

Practice head(s):Jonathan Seddon

Other key lawyers:Kenneth Carruthers; Sandra Cassels

Key Clients

PATRIZIA

Diageo

Tesco Stores/ Tesco Personal Finance

Crucible St Andrews

Curo Property Funds

Walkerweld Engineering

Heartlands Greentown

Locate Developments

The Scottish Government

Empiric Student Property

Squarestone Growth

Transport Scotland

Work highlights

  • Representing Diageo in its redevelopment of the former House of Fraser store on Princes Street, Edinburgh, to create a Johnnie Walker visitor centre. This includes drafting the construction contracts for the professional team and the main contractor.
  • Providing advice on the forward funded development at Capital Square, Edinburgh, an eight-floor purpose-built development, which includes various planning and land use, development and construction, banking and finance as well as property issues.
  • Acted for the borrower in a refinance deal to fund the development of two student accommodation blocks at Willowbank, Glasgow, and St Peter's Street, Aberdeen.
  • Advising Diageo on all its construction contracts for its new HQ building in Edinburgh, including collateral warranty agreements.
  • Advising Diageo on the redevelopment and refurbishment of various distillery visitor centres throughout Scotland, which includes assistance with procurement and building contract issues, among others.

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Planning
Planning - ranked: tier 1

Morton Fraser

With particular strength in public sector work, Morton Fraser acts for a number of local planning authorities but the team, led by Douglas Milne, also undertakes private sector development work where it assists large organisations and private developers with residential and commercial development projects. As well as providing assistance with planning permission matters, the team (including associate and recommended contentious planning expert Ursula Currie) is also experienced in handling planning litigation, including compulsory purchase claims, and public local inquiries.

Practice head(s):Douglas Milne

Other key lawyers:Kenneth Carruthers; Rory Alexander; Ursula Currie

Key Clients

Tesco Stores

Vastint

Ministry of Defence

Transport Scotland

Diageo

Parabola Property

Aberdeen City Council

Stewart Milne Group

The City of Edinburgh Council

New Ingliston

Work highlights

  • Representing Transport Scotland at public local inquiries for the dualling of the A9 and A96 trunk roads.
  • Assistance in securing consent for eight new office blocks in Edinburgh.
  • Providing strategic planning advice in relation to a major brownfield development at Fountainbridge, Edinburgh to include a 70,000sq ft office development, a 270 bed hotel and 300 residential units.
  • Advising on three major development projects: a 70,000sq ft office development in Semple Street, Edinburgh; the successful appeal against the refusal by Aberdeenshire Council to grant consent for a major business development at Thainstone, Inverurie; and a housing development in Elgin Morayshire.
  • Advising the council as planning authority on a major residential led development at West Craigs valued at approximately  £280m.
Leading individuals

Douglas Milne - Morton Fraser

Rising stars

Ursula Currie - Morton Fraser

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Property litigation
Property litigation - ranked: tier 2

Morton Fraser

Morton Fraser acts for a broad private and public sector client base, including various blue-chip property investors and developers and a number of Scottish public authorities. Regular instructions include landlord and tenant disputes, eviction matters, and title and lease disputes. Kenneth Carruthers heads the team, which includes associate Ursula Currie; she frequently handles real estate and development-related disputes.

Practice head(s):Kenneth Carruthers

Other key lawyers:Douglas Milne; Richard McMeeken; Susan Leslie; Ursula Currie

Key Clients

Wheatley Group

The Scottish Government

The City of Edinburgh Council

Tesco Stores

Mewspark Properties

Cornthwaite

Stewart Milne Group

Rockspring

Work highlights

  • Successfully defended interdict proceedings raised against BAM by BT to prevent commencement of a £150m office development.
  • Successfully defended the Council in interdict proceedings concerning the status of a public road in Edinburgh. Seeking recovery of damages incurred by the council to a major landslip caused by an adjoining land-owner.  
  • Advising the fund managers, Rockspring, on all property litigation matters in respect of their property investments in Scotland, which include properties in Edinburgh, Glasgow and Aberdeen.
  • Acted for the property developer, Parabola, in the removal of an unauthorised tenant from the insolvent House of Fraser's flagship Scottish premises.
  • Challenge raised for the housebuilder Stewart Milne against the intention by Scottish Water to run a major water main though the client's proposed golf course extension area.
Rising stars

Ursula Currie - Morton Fraser

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Scotland: TMT (technology, media and telecoms)

Intellectual property
Intellectual property - ranked: tier 3

Morton Fraser

The team at Morton Fraser has substantial contentious and advisory IP expertise with particular experience in handling university spin-outs, the protection and commercialisation of IP rights for early to mid-stage companies, IP due diligence, and brand protection issues. Group head Austin Flynn is the key contact for non-contentious advice while Richard McMeeken handles IP litigation; associate Julie Nixon has notable experience in the life sciences sector.

Practice head(s):Austin Flynn

Other key lawyers:Richard McMeeken; Julie Nixon

Key Clients

Mercia Technologies

Historic Environment Scotland

Scotland's Rural College (SRUC)

Mars Blacksheep Hotels Ltd

Myeloma UK

Schuh

Diageo

Shot Scope Technologies Limited

Work highlights

  • Acting for Mercia Technologies on the IP aspects of its investment for equity in a start-up technology company, as well as its investment into a life sciences spin-out.
  • Advised Mars Blacksheep Hotels on the trade mark applications for its key properties.
Rising stars

Julie Nixon - Morton Fraser

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Sport
Sport - ranked: tier 3

Morton Fraser

Morton Fraser’s team has strong connections in the gymnastics world in Scotland, serving as sole legal adviser to Scottish Gymnastics, and regularly assists gymnastics clubs gain charitable status through OSCR approval. The team also advises footballers on a range of contentious and non-contentious matters and acts for private companies on investments and acquisitions in the sector. Corporate head Iain Young  acts for a number of football clubs, handling transactions, commercial agreements and disciplinary matters, while practice head Paul Geoghegan advises on a wide range of matters, including image rights for a Premier League footballer.

Practice head(s):Iain Young

Other key lawyers:Paul Geoghegan

Key Clients

Scottish Gymnastics

Ministry of Defence

Boroughmuir Rugby and Community Sports Club

Shot  Scope Technologies

Dynamic Gymnastics

Kingston Gymnastics

Bruntsfield Links Golfing Society

Mobo Sports Management (UK) Limited

Tartan Golf International Limited

Pollok Football Club

Work highlights

  • Acted for Shot Scope Technologies with regard to an investment round in the company by Equity Gap, Scottish Enterprise, Old College Capital and private investors.
  • We advised Dynamic Gymnastics Club, Gymnastics Club of the Year 2017, on its registration as a charity with the Office of the Scottish Charity Regulator.
  • Appointed by Scottish Gymnastics as its nominated legal advisor and affiliated partner organisation for the third consecutive year.
  • Acted on behalf of Howe of Fife Rugby Club in the defence of misconduct charges issued by the Scottish Rugby Union following an initiation ceremony which went wrong.

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Legal Developments in the UK

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Court of Justice rules on source of income for Derivative Residence applications

    On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. 
  • End of the ‚Äėcentre of life test‚Äô in Surinder Singh cases?

    In the recent case of¬† ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan ¬† [2019] UKUT 281 (IAC ), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the ‚ÄúRegulations‚ÄĚ). It further found that it is not to be applied when Judges assess ¬†Surinder Singh ¬†cases that appear before them.
  • Terms of employment as a sole representative

    In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.  
  • Can Sole Representatives Be Shareholders?

    The Immigration Rules require that an applicant for a¬† sole representative visa ¬†is not ‚Äúa¬† majority shareholder in the overseas business‚ÄĚ.
  • Immigration Skills Charge - A Guide for Employers

    As a Sponsor, you may be required to pay the Immigration Skills Charge (ISC) each time you sponsor a migrant in the  Tier 2 General  or  Intra-Company Transfer (ICT) Long-term Staff  subcategory.
  • 5 FAQS about paragraph 320(11)

    In applications for entry clearance where the applicant has a negative immigration history in the UK, the application may be refused under the general grounds for refusal, which are found in part 9 of the Immigration Rules. Where an applicant has ¬†‚Äėpreviously contrived in a significant way to frustrate the intentions of the Immigration Rules‚Äô,¬† the application could be refused under paragraph 320(11). In this post we look at five frequently asked questions about paragraph 320(11).¬†
  • Multiple nationality and multiple citizenship (including dual nationality and dual citizenship)

    British nationality law permits multiple nationality and multiple citizenship, including dual nationality and dual citizenship.
  • Applying for Indefinite Leave to Remain in the Exceptional Talent or Promise Category

    The  Exceptional Talent  and Exceptional Promise categories are for individuals who are recognised leaders or emerging leaders in their field of expertise. There are a number of endorsing bodies for lots of different fields of work, including  artists and musicians ,  architects ,  digital experts ,  scientists  and  academics . While there isn’t an endorsing body for every expert, the growing list means that many individuals could enjoy the flexibility that this category has to offer. 
  • PARALLEL PROCEEDINGS ‚Äď CIVIL AND CRIMINAL

    Syedur Rahmanconsiders the factors that determine when civil proceedings can go ahead before,or at the same time as, criminal proceedings relating to the same circumstances.
  • Rights of appeal after the Immigration Act 2014

    The Immigration Act 2014 (‚Äúthe 2014 Act‚ÄĚ) reduced the circumstances in which the refusal of an immigration application will give rise to a right of appeal.¬†The¬† explanatory notes ¬†to the 2014 Act state that the Act was intended to restructure rights of appeal to the Immigration Tribunal. Previously, a right of appeal to the Immigration Tribunal existed against any of the 14 different immigration decisions listed in s.82 of the¬† Nationality, Immigration and Asylum Act 2002 ¬†(‚Äúthe 2002 Act‚ÄĚ). As explained below, whether or not the refusal of an immigration application currently generates a right of appeal depends on the subject matter of the application rather than its categorisation.