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Burness Paull LLP

120 BOTHWELL STREET, GLASGOW, G2 7JL, SCOTLAND
Tel:
Work 0141 248 4933
Fax:
Fax 0141 204 1601
DX:
GW154 GLASGOW
Email:
Web:
www.burnesspaull.com
Aberdeen, Edinburgh, Glasgow

Scotland

Transport
Transport - ranked: tier 3

Burness Paull LLP (Edinburgh, Glasgow)

Burness Paull LLPprovides clear advice’ on a range of procurement, regulatory and construction matters, and also represents clients in inquiries and disputes. The team’s transport expertise spans road, aviation, shipping, tram and underground matters. Chris Mackay advised Scrabster Harbour Trust on the public procurement process of a replacement ice plant to improve the facilities it provides for the fishing industry. In another highlight, the practice assisted Tobermory Harbour Association with a range of matters pertaining to the client seeking official harbour authority status, which involved preparing the draft order and handling a number of objections.

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Scotland: Corporate and commercial

Corporate and commercial: Edinburgh and Glasgow
Corporate and commercial: Edinburgh and Glasgow - ranked: tier 1

Burness Paull LLP (Edinburgh, Glasgow)

Burness Paull LLP handles a full range of mandates for owner-managed businesses, PLCs and AIM-listed companies, and overseas-based corporates, among other clients. It has a particularly outstanding reputation in high-value cross-border transactions; in 2016, private equity head Mark Ellis advised Brown-Forman Corporation on its £285m acquisition of the BenRiach Distillery. In another matter, Grant Stevenson, senior associate Victoria Bryden and others acted for BlueGem Capital Partners in its acquisition of fashion retailer Jack Wills. Hattington Capital, Midlothian Capital and Kings Park Capital are among other private equity investor clients. Head of corporate finance Chris Gotts recently led the advice on Savannah Petroleum’s $40m secondary institutional placing of new ordinary shares. Peter Lawson assisted Standard Life with a series of acquisitions as part of a strategy to build out a new UK-wide financial advice business. The firm’s practice is complemented by its corporate tax strengths, which were bolstered by the key hire of Ronnie Brown from DWF.

Leading individuals

Mark Ellis - Burness Paull LLP

Peter Lawson - Burness Paull LLP

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Corporate and commercial: Elsewhere in Scotland
Corporate and commercial: Elsewhere in Scotland - ranked: tier 1

Burness Paull LLP (Aberdeen)

Burness Paull LLP has standout capabilities in oil and gas services sector work, which includes M&A, MBOs and corporate restructurings. Helen Dickson and director Gary Chapman acted for Subsea 7 in its acquisition of Swagelining Limited and Pioneer Lining Technology. The firm also has an active private equity practice, where it acts for investors and management teams in buy-in or buyout transactions. Outside of oil and gas, highlights included assisting Bluegem Capital with its investment in Jack Wills and advising Hattington Capital on its investment in Dobbie’s Garden Centres. Other private equity clients include Maven Capital Partners and Simmons Private Equity. Stark, who succeeded Ken Macdonald as practice head (following the latter’s retirement from private practice), is at the forefront of the firm’s work for Norwegian businesses, which is a notable growth area of the practice. Also recommended are Alasdair Freeman, who specialises in corporate and commercial work in the oil and gas and IT sectors, and director Arran Mackenzie.

Leading individuals

Jamie Stark - Burness Paull LLP

Next generation lawyers

Arran Mackenzie - Burness Paull LLP

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Corporate tax
Corporate tax - ranked: tier 2

Burness Paull LLP (Edinburgh, Glasgow)

Burness Paull LLP’s team provides transactional support to large corporates, investors and fund managers in multimillion-pound M&A and private equity deals. It also provides tax advice to start-ups at every stage of their business lifecycle. In 2016, the tema advised Bluegem Capital Partners on the tax aspects of its acquisition of the Jack Wills fashion chain. Other clients include charities, public bodies and – in the real estate sector – the group advises large developer clients on the tax structuring of major development projects in Scotland and England. In 2016, Ronnie Brown, who has significant tax experience in corporate and property transactions, was hired from DWF to lead the practice; his recent work includes advice to housebuilder clients on the potential introduction of a levy on vacant and derelict land in Scotland. Corporate tax manager John Finnick, who is another notable individual in the team, worked with Brown in the advice to Brown-Forman Corporation on tax issues associated with its £285m acquisition of BenRiach Distillery Company.

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EU and competition
EU and competition - ranked: tier 2

Burness Paull LLP (Edinburgh)

Burness Paull LLP handles merger control aspects of high-value and high-profile transactions, advises on competition issues arising from commercial agreements and manages competition disputes. A dedicated team led by director Graeme Palmer focuses on procurement and state aid. Although the practice attracts competition law work from clients in a wide range of sectors, particular areas of strength are financial services, food and drink, and energy. Complementing its work for private sector organisations, the practice also has a notable public sector offering, where key clients include Highlands & Islands Enterprise and City of Edinburgh Council. Practice head David Goodbrand advised Highland Spring on developing key relationships with its distributors, which included managing competition issues. On the transactional side, Goodbrand handled the competition aspects of Standard Life’s acquisition of Baigrie Davies Holdings.

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Scotland: Crime, fraud and licensing

Crime: fraud
Crime: fraud - ranked: tier 2

Burness Paull LLP (Aberdeen, Glasgow)

The ‘professional and extremely responsive’ team at Burness Paull LLPprovides sound advice’, especially in its core focus area of corporate financial crime, where it advises clients on anti-bribery and corruption avoidance, anti-money laundering, fraud cases, international sanctions, and regulatory investigations. Aberdeen-based Rona Jamieson heads the practice, which has notable experience in the oil and gas sector but also advises engineering sector clients and those in energy supply and distribution, as well as the retail industry and public sector. Jamieson assisted a client with trade restriction issues and provided advice to another client on anti-bribery, corruption, export control and sanction matters. The ‘excellent and efficient’ Ray Gribben in Glasgow is another key member of the team.

Next generation lawyers

Ray Gribben - Burness Paull LLP

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Licensing
Licensing - ranked: tier 3

Burness Paull LLP (Aberdeen, Glasgow)

Working in conjunction with the firm’s property and real estate teams, Burness Paull LLP is well versed in handling applications for new premises licences and licence transfer arrangements as part of property sales and purchases. The team is becoming increasingly active in dealing with civic licensing matters, such as public entertainment and caravan park licences. In 2016, the practice advised the wine and spirit company Brown-Forman on licensing matters in support of the client’s acquisition of the BenRiach Distillery. This included assistance with a variation of the premises licence for the distillery to include provision for the sale and consumption of alcohol on the premises as part of distillery tours. Aberdeen-based team head Elaine Farquharson-Black advised leisure company Speratus on licensing matters pertaining to several different venues across Scotland, including securing a premises licence for the new Boozy Cow in Stirling; the latter also included assistance with the transfer of the provisional premises licence to increase the venue’s capacity by altering its layout. Other clients include Signature Pubs and Hard Rock Cafe Glasgow. Farquharson-Black assisted the latter with obtaining a personal licence for the premises manager.

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Scotland: Dispute resolution

Commercial litigation
Commercial litigation - ranked: tier 1

Burness Paull LLP (Glasgow, Edinburgh, Aberdeen)

Burness Paull LLP’s team combines ‘first-class legal knowledge’ with ‘an excellent rapport with its clients’, providing ‘clear, targeted advice’ to Scottish, UK and international businesses. The practice acts in some of the most complex, high-stakes matters in court and at arbitration, with a particular strength in cases involving a cross-border/international component; in an illustration of its ability to handle multi-jurisdictional disputes, Gary Moffat is acting for US-based Ted Jacob Engineering Group in a claim concerning the sale of an engineering business in Dubai, while Ewan McIntyre, director Will Cole and senior solicitor Fiona Davidson are representing Ion Beam Services in a £10m cross-border dispute arising from the client’s supply of a refurbished ion implanter. The firm also fields a heavyweight offshore oil and gas disputes practice led by Aberdeen-based Neil Smith; he successfully represented Axon Well Intervention Services at the Court of Session. Also recommended are experienced property litigator Alan McMillan, intellectual property expert Colin Hulme, recently promoted partner Steven Guild and senior associate Neeraj Thomas. The ‘charming’ Philip Rodney, who is chairman of the firm, has more than 30 years of commercial litigation experience and is also recommended.

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Scotland: Finance

Banking and finance
Banking and finance - ranked: tier 1

Burness Paull LLP (Edinburgh, Glasgow, Aberdeen)

Burness Paull LLP’s ‘strong industry expertise’ and ‘knowledge of the banking environment’ make it a strong choice for financing transactions in sectors such as oil and gas, renewable energy and real estate. Jonathan Heaney, Gaenor Cassell, Aberdeen-based John Kennedy and senior associate Allan Leal have a wealth of experience in leveraged finance. Elsewhere, another area of strength is in advising on borrower-side debt finance connected with Scottish limited partnership fund structures. The group also assists with the Scottish law aspects of securitisations and structured finance, and also handles loan portfolio transactions. In 2016, Cassell, senior solicitor Mark Graham and others acted for Kings Park Capital in the financing aspects of its investment in Just Go! Holidays. Lloyds Banking Group, Barclays Bank, Tuscola Capital and Royal Bank of Scotland are other key clients. Leal relocated to Glasgow to reinforce the West of Scotland banking practice, following Scott Wilson’s retirement. Alan Soppitt leads the team, which recently hired senior associate Sophie Coffey from Harper Macleod LLP.

Leading individuals

Jonathan Heaney - Burness Paull LLP

Next generation lawyers

Gaenor Cassell - Burness Paull LLP

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

Burness Paull LLP (Glasgow)

Burness Paull LLP has full-service capabilities in contentious and non-contentious insolvency and restructuring matters, and its diverse workload includes work as varied as large-scale loan portfolio sales, insolvency litigation and pension advice in the context of distressed situations. In Aberdeen, under the stewardship of Alasdair Freeman, its team is particularly active in oil and gas sector insolvencies and restructurings (both in the upstream and oilfield services sectors), as well as matters connected with the hotels and leisure arena, among others. In 2016, Freeman worked with members of the banking and corporate teams to advise Calgary-based Sterling Resources Limited on a recapitalisation agreement with subsidiary Sterling Resources (UK) Limited and Nordic Trustee ASA. Elsewhere, Glasgow-based Gary Moffat, senior associate Steven Chesney and others undertake a significant amount of work for The Insolvency Service, which includes carrying out investigations into insolvent companies, bringing disqualification actions against company directors and handling public interest winding up proceedings. Other clients of the practice include Norsk Gjenvinning Offshore, Amicus Finance Plc and Santander. In Edinburgh, Gaenor Cassell is able to leverage prior experience in-house at various banks into her work on loan portfolio sales.

Leading individuals

Gary Moffat - Burness Paull LLP

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Unit trusts, OEICs and investment trusts
Unit trusts, OEICs and investment trusts - ranked: tier 2

Burness Paull LLP (Edinburgh)

Burness Paull LLP has a particularly outstanding reputation in the use of Scottish limited partnerships in private fund vehicles, such as private equity funds and debt funds, among others. Led by Alan Soppitt, who is ‘wise and finds solutions’, the team provides assistance with every stage of the funds lifecycle. Another strong suit lies in borrower- side debt finance in relation to Scottish limited partnerships. The practice’s high-end client roster includes a number of UK and international private equity houses, and it also generates referrals from a significant number of City law firms. In a recent highlight, Soppitt and ‘calm, helpful and technically very good’ senior associate Andrew Christie advised Ardian Private Equity on the Scottish law aspects of the formation and launch of its $10bn ASF VII fund, which is structured as a series of Scottish limited partnerships. In addition to sponsor-side matters, the group also undertakes work for investors, an area of work led by recently promoted partner Paula Kennedy, who acted for Santander (CF Trustee) Limited as the lead counsel in its $75m cornerstone investment into ECP Africa Fund IV.

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Scotland: Human resources

Employment
Employment - ranked: tier 1

Burness Paull LLP (Aberdeen, Edinburgh, Glasgow)

The ‘very good, responsive and practical’ team at Burness Paull LLP has a strong profile advising national and international oil and gas, food and drink, sport, media and retail sector clients on redundancies, restructurings and industrial action matters. Aberdeen-based practice head Sean Saluja advised energy services company Wood Group on collective and individual employment law aspects pertaining to an industrial action taken by 300 offshore workers as a consequence of changes in the terms and conditions of employment. This included advice on potential interdict and injunction proceedings. In a food and drink sector highlight, the ‘knowledgable and efficient’ David Morgan (who is based in Glasgow and ‘is great at guiding clients through a crisis’) advised Brown-Forman on the employment law aspects of the company’s £285m acquisition of three Scotch whisky distilleries and brands: BenRiach, Glenglassaugh and GlenDronach. ‘Excellent litigator’ Ronald Mackay and ‘very responsive and pragmatic’ director Mel Sangster advised General Electric on a range of employment law issues throughout the UK, including TUPE transfers, disciplinary cases, and holiday pay and unfair dismissal claims.

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Health and safety
Health and safety - ranked: tier 1

Burness Paull LLP (Aberdeen, Glasgow)

The ‘responsive and high-quality’ team at Burness Paull LLPprovides pragmatic advice’ from its offices in Glasgow and Aberdeen. In Aberdeen, the practice is particularly well known for its oil and gas sector expertise, while the Glasgow office frequently advises public and third sector bodies. The team’s regulatory expertise enables it to advise clients on compliance matters and assists them with investigations and prosecutions. Rona Jamieson heads the team from Aberdeen and represented Apache in its appeal of an HSE Improvement Notice following the collision of an offshore supply vessel with the Apache-operated Forties Echo offshore installation. The team also assisted care facility operator Inspire (Partnership through Life) with an HSE investigation, and subsequently advised the client on remedial actions and criminal defence issues arising from a fatality on the premises. The ‘down-to-earth and knowledgeable’ Ray Gribben is another key member of the team.

Leading individuals

Rona Jamieson - Burness Paull LLP

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Pensions
Pensions - ranked: tier 2

Burness Paull LLP (Edinburgh)

Burness Paull LLP’s ‘commercially aware’ team ‘provides fantastically prudent and pragmatic advice’ and has substantial expertise advising on the pension aspects of M&A transactions, private equity investments and refinancing matters. Practice head Sarah Phillips advised media company STV on the mechanism required to close one of its defined benefit pension schemes, and assisted First Scotland East with TUPE matters while also providing the client with advice on pension provisions of an asset transfer agreement following the company’s sale of certain bus route operations. In another highlight, the team advised the trustees of the Church of Scotland’s three defined benefit pension schemes on member complaints and the scheme’s internal dispute resolution process. Other recent work includes advising the trustees of the CHC Scotia Pension Scheme on the impact of bankruptcy proceedings, and assisting the trustee of the Aegon UK Staff Retirement and Death Benefits Scheme with mitigation options to offset the effect of selling parts of Aegon’s business, and on securing money purchase benefits outside of the pension scheme. ‘Thorough all-round star’ Margaret Meehan was elevated to the partnership in February 2017.

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Scotland: Insurance

Personal injury: defender
Personal injury: defender - ranked: tier 3

Burness Paull LLP (Edinburgh, Aberdeen)

Burness Paull LLP’s ‘very good, responsive and commercially-minded’ team acts for corporates, public sector bodies and insurers and has a specialism in aviation disaster litigation and disease work. Advising on public and employer’s liability claims, including serious workplace accidents and building damages, is another key element of the practice. ‘Very client-centric and knowledgeable’ team head Ewan McIntyre defended hospitality company Whitbread in loss of society claims raised before the Court of Session following the fatality of a hotel guest. He also acted for housebuilding company Taylor Wimpey in a range of public and employers’ liability claims arising from workplace injuries and occupiers’ liability allegations. Similarly, the team represented construction company Kier Group in a number of employers’ and public liability cases, and SSE in a range of litigated and non-litigated employer’s liability claims pertaining to noise-induced hearing loss cases and industrial diseases such as asbestosis and mesothelioma. Other key figures include Aberdeen-based Rona Jamieson, who specialises in oil and gas sector matters, and ‘responsive and diligent’ senior solicitor Fiona Davidson, who is praised for ‘understanding her clients’ needs’.

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Professional negligence
Professional negligence - ranked: tier 2

Burness Paull LLP (Edinburgh, Glasgow)

The ‘highly skilled and experienced’ team at Burness Paull LLP specialises in pursuing professional negligence claims for corporate clients and pension schemes against advisers and construction professionals. Alan McMillan acted for the trustees of the Elliot of Harwood Trust in proceedings against a law firm for damages arising from professional negligence. Other clients include Highlands and Islands Airports and the Financial Services Compensation Scheme. Ewan McIntyre heads the team, which includes the ‘extremely knowledgeable and experienced’ Chris MacKay, whose ‘strategic skills can assist the client in obtaining the best solution to meet specific goals’.

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Scotland: Private client

Charities and not-for-profit
Charities and not-for-profit - ranked: tier 1

Burness Paull LLP (Glasgow)

Burness Paull LLP is particularly noted for its expertise advising development trusts and social enterprises on regulatory and corporate structures, including partnership models. Highly regarded team head Stephen Phillips advised Falkirk Council on a governance review pertaining to its current offshoot trust Falkirk Community Trust, and led advice to West Lothian Council on the restructuring of an existing offshoot trust. The team, which regularly works in conjunction with colleagues in the property, employment and IP departments, has particular expertise in matters where these elements intersect; in an illustration of this capability, the team assisted Kilmahew/St Peter’s with the restoration and development of the former St Peter’s Seminary to form a £7.5m arts and community venue. The team also developed a constitution for Hub Community Foundation, which is intended to maximise the impact of training and employment initiatives run by the newly established charity. Other clients include the Development Trusts Association Scotland and the Scottish Council for Voluntary Organisations (SCVO).

Leading individuals

Stephen Phillips - Burness Paull LLP

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Scotland: Projects, energy and natural resources

Energy (excluding oil and gas)
Energy (excluding oil and gas) - ranked: tier 3

Burness Paull LLP (Glasgow, Aberdeen)

Burness Paull LLP attracts praise for its ‘good understanding of underlying projects/technologies’, including onshore and offshore wind, hydro, biomass, solar and energy-from-waste, among other areas. Its multi-disciplinary team covers a wide variety of issues, including land acquisitions, financings, corporate structuring and construction. A cross-practice group led by Chris Gotts acted for BayWa r.e. UK on all aspects of its acquisition of the 21MW Wathegar 2 wind farm near Caithness, which included advising on property, planning and grid connection arrangements. In another highlight, planning specialists Craig Whelton and senior associate Emma Dewar assisted Ecotricity with a public local inquiry associated with its proposal for a 58MW wind park at Dulater Hill in Perthshire. Elsewhere, Stephen Phillips led a team, which included James Forbes (who has ‘very good negotiation skills’) and senior associate Peter Ward, advising Huntly and District Development Trust and its subsidiary Greenmyres Renewable Energy on the development of a community wind project. Also recommended are Tamar Tammes, who leads the property renewables team, and senior associate Andrew Wood; both are ‘adept at dealing with lenders and their requirements in a project finance context’ and ‘willing to rise to demanding timelines’. Chris Martin also highly regarded. Other clients include Fred. Olsen Renewables, ESB and Santander UK.

Next generation lawyers

Peter Ward - Burness Paull LLP

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Oil and gas
Oil and gas - ranked: tier 1

Burness Paull LLP (Aberdeen)

Burness Paull LLP is ‘a very joined-up firm that provides a high level of support across the board’. The practice attracts praise for its deep sector knowledge and grasp of the more technical and commercial aspects of the industry, making it a go-to firm for all oil and gas related issues. Team head Bruce McLeod and Brian Hemming have previous experience serving as commercial managers at BP and Maersk. In addition, McLeod, Hemming and Robin Clarkson have previously undertaken in-house legal roles at oil and gas companies; ‘this shows in the practical and effective way they handle work for clients’. Although the UK is the main area of focus of the practice, the firm also handles a growing workload of international matters; in 2016, McLeod and senior solicitor Laura Fraser assisted Germany-based DEA Group with a sale and purchase agreement associated with its disposal of interests in two Egyptian oil and gas concessions to Italian purchaser Edison. McLeod’s track record includes handling agreements concerning oil and gas interests in Niger, Norway and South Africa, among other jurisdictions. In another matter, Clarkson, Fraser and senior solicitor David Smith advised Sterling Resources on the sale of a 47% interest in the Kirkleatham and Westerdale onshore fields to Dess Energy. Parkmead, Savannah Petroleum and Centrica are also clients.

Leading individuals

Brian Hemming - Burness Paull LLP

Bruce McLeod - Burness Paull LLP

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Projects
Projects - ranked: tier 2

Burness Paull LLP (Edinburgh)

Burness Paull LLP has an extensive track record acting on a range of projects for public sector bodies, private sector bidders and funders, spanning sectors such as education, healthcare, waste and roads. The team’s varied workload covers procurement advice, including challenges to bids, property-related advice, product liability and disputes arising from projects (including construction disputes). In 2016, Chris Mackay acted as the lead adviser to NHS Lothian on a DBFM project to establish a new community hospital in Haddington, and acted alongside senior associate Chris Horsley on Falkirk Council’s project to build a new support needs facility. The team is also handling a DBFM project for hub West Scotland in relation to new health centres in the Gorbals and Woodside areas of Glasgow. Other clients include Weir Group, City of Edinburgh Council and Bellrock Property & Facilities Management. Gavin Paton assists clients with a range of matters, including procurement strategies and contract drafting/implementation, and is experienced in handling projects involving various commercial models, including PFI/PPP, hybrid, hub, NPD and LIFT.

Leading individuals

Chris Mackay - Burness Paull LLP

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Scotland: Public sector

Education
Education - ranked: tier 2

Burness Paull LLP (Edinburgh, Glasgow)

Clients of Burness Paull LLP single out the ‘clear, informed and pragmatic advice’ provided by the education team, which regularly advises clients on construction projects for schools and universities and which has ‘very good sector-specific knowledge of government policies’. The ‘highly skilled and experienced’ team advised Skills Development Scotland on the development of a Scottish Institute, which involved advising on its corporate structure and constitutional requirements. James Forbes assisted the University of St Andrews with construction aspects of the university’s estate development plan, and advised East Renfrewshire Council on matters arising from building defects in a recently constructed special needs school. Other key figures include Chris MacKay is ‘extremely knowledgeable’ and ‘a very experienced strategist’ while director Graeme Palmer is ‘consistently strong in procurement law, government policy and public service structuring matters’. Scott Wilson retired.

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Health
Health - ranked: tier 2

Burness Paull LLP (Edinburgh)

Burness Paull LLP specialises in assisting private and public sector clients with healthcare, commercial and project development work alongside contentious matters, including disputes over defective hospital designs, product liability issues and fatal injury inquiries. Team head Chris Mackay advised NHS Lothian on issues arising from the design, build, finance and maintenance (DBFM) contract for a new community hospital in Haddington, East Lothian. This role included advice on demolition and asbestos removal matters and a review of the construction and FM documents. Acting for the same client, he drafted and negotiated the DBFM contract and reviewed the construction and FM documents for the provision of three partnership centres known as the Lothian Health Centre Bundle. In the contentious sphere, Ray Gribben represented Boots UK at a fatal accident inquiry held at Inverness Sheriff Court, which concerned the death of a patient who was provided with medication by the pharmacy intended for another patient with a similar surname. Scott Wilson retired.

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Local government
Local government - ranked: tier 2

Burness Paull LLP (Glasgow)

Local authorities regularly instruct Burness Paull LLP to advise on the development of new public service delivery models, and the team’s experience extends to handling major infrastructure projects alongside public procurement and governance matters. Practice head Stephen Phillips advised Orkney Islands Council on a procurement process for the design, construction, operation and financing of a tidal energy generation scheme at Churchill Barriers, and carried out a governance review for Falkirk Council pertaining to Falkirk Community Trust. In other work for the same client, Chris Mackay advised it on its first hub project to construct a further support needs facility adjacent to existing schools. Steven McKinlay advised City Property Glasgow (Investments), a wholly owned offshoot of Glasgow City Council, as landowner in a ground lease re-gearing exercise to facilitate the development of a vacant site to create around 365,000 square feet of space in a city centre location for office and mixed use. West Lothian Council and Renfrewshire Council are also clients.

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Scotland: Real estate

Commercial property: Edinburgh and Glasgow
Commercial property: Edinburgh and Glasgow - ranked: tier 1

Burness Paull LLP (Edinburgh, Glasgow)

Commercial property: leisure and hospitality - ranked: tier 1

Burness Paull LLP (Edinburgh)

Commercial property: retail occupiers - ranked: tier 2

Burness Paull LLP (Edinburgh)

Burness Paull LLP provides ‘a valued and diligent service’ and has a strong track record in high-value property acquisitions and sales (including portfolio transactions), regeneration projects, housebuilding developments and commercial redevelopments, among other matters. The firm’s ability to handle property transactions in England and Wales was further strengthened by the recent recruitment of Nicky Clemence from Brodies LLP. She joins a team that includes Peter Chambers and senior associate Andrew Yule, who are acting for Queensberry Properties on the formation of a joint venture company with Edinburgh St James Residential Holding Company, which is tasked with delivering the high-end residential development that will form part of the new St James’ Centre. In 2016, a group including Ian Wattie and James Forbes acted for Heartlands (Central) and Land Options (West) on the sale of the Heartlands development site in West Lothian to Green Town (Heartlands). Other key figures include practice head Tamar Tammes; Nick Naddell, a specialist in commercial landlord and tenant work with particular experience acting for national and international retailers; Steven McKinlay; Gaelen Doherty; and consultant John Sinclair, who recently joined from Maclay Murray & Spens LLP.

Leading individuals

Tamar Tammes - Burness Paull LLP

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Commercial property: Elsewhere in Scotland
Commercial property: Elsewhere in Scotland - ranked: tier 1

Burness Paull LLP

Burness Paull LLP has a market-leading practice covering all aspects of commercial property development, commercial leasing, housebuilding, and oil and gas sector related real estate transactions. Richard Goodfellow and senior associate Sarah Stewart are among the advisers to a consortium of landowners on the development of a residential property settlement consisting of 4500 houses at Chapelton of Elsick. Goodfellow, who specialises in commercial and residential property development, has a wealth of experience in acting for developers, housebuilders, investors and funders. In another matter, Peter Smith is leading the advice to The Grandhome Trust on a mixed-use development, which includes 4000 homes. John Strachan and senior associate Nicola Henderson are assisting John Clark Motor Group with site acquisition arrangements for the purposes of establishing new car dealership facilities in Dundee. Other clients include Stewart Milne Group, Total E&P, Mars Pension Fund and Dandara Group.

Leading individuals

Richard Goodfellow - Burness Paull LLP

Next generation lawyers

Sarah Stewart - Burness Paull LLP

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Construction
Construction - ranked: tier 2

Burness Paull LLP (Glasgow, Edinburgh)

Burness Paull LLP is deeply entrenched in the Scottish construction market, as illustrated by its client base, which includes Galliford Try, Amey and Weir Group. Led by Fenella Mason, the team has a strong track record handling the construction aspects of NPD and hub projects, and is singled out for its expertise in renewable energy projects, as well as matters involving the social housing, education, health and retail sectors. Stephen Phillips is regularly called on to develop structures to facilitate the delivery of infrastructure projects. In 2016, Chris Mackay led a team including Phillips and senior solicitors Andrew Little and David Harris, advising NHS Lothian on the delivery of a new community hospital in Haddington, East Lothian. In another highlight, Gavin Paton, director Colin Clelland and senior solicitor Kate Faith are acting for Grandhome Trust on a large-scale mixed-use development project at Bridge of Don, north of Aberdeen. On the contentious side, Mason is leading the firm’s representation of Kier Construction in litigation connected with the construction of the flagship DG One sport and leisure complex in Dumfries & Galloway. James Forbes, who specialises in the construction aspects of capital infrastructure and energy projects, and director Caroline Maciver are other names to note. Chris Arnold retired.

Leading individuals

Fenella Mason - Burness Paull LLP

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Environment
Environment - ranked: tier 2

Burness Paull LLP (Glasgow)

Burness Paull LLP advises on a range of contentious and non-contentious environmental law issues, including matters arising from onshore and offshore renewable energy developments, and oil and gas infrastructure. In addition to providing advice on standalone environmental law matters, the practice is also active in assisting on issues related to corporate transactions; Craig Whelton assisted Brown-Forman Corporation with environmental due diligence in connection with its £285m acquisition of the BenRiach distillery company. In another matter, Whelton acted for North Lanarkshire Council in establishing legal agreements with certain landowners in the North Lanarkshire area over the remediation of contaminated land. Cemex, WH Malcolm & Sons and BP Central Area Transmission System are other clients.

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Planning
Planning - ranked: tier 1

Burness Paull LLP (Aberdeen, Edinburgh)

According to clients, Burness Paull LLP has ‘one of the best planning practices in Scotland’. It is particularly highly regarded in the housebuilding sector, where it handles the planning aspects of large-scale residential development projects for clients such as Stewart Milne Group, Springfield Properties and Dandara. Although the planning practice has historically been weighted towards work for private sector entities, mandates from public sector bodies are on the increase; Craig Whelton is acting for North Lanarkshire Council at a planning appeal concerning a proposed development to build 600 new homes. Student accommodation schemes are another area of activity. Elsewhere, another pillar of the planning practice is the work undertaken for clients in the energy sector, both in oil and gas and renewable energy. Whelton and senior associate Emma Dewar are assisting Ecotricity with the planning aspects of a proposed 58MW wind park at Dulater Hill in Perthshire, including a forthcoming public local inquiry. In another highlight, Whelton is acting for Clyde Gateway on the compulsory purchase of more than 800 land interests for a redevelopment scheme in Dalmarnock, Glasgow. The firm also acts for parties whose land is being acquired. Practice head Elaine Farquharson-Black is ‘a great team player and leader’, with ‘exceptional depth of knowledge’ and ‘a strong pedigree’.

Leading individuals

Elaine Farquharson-Black - Burness Paull LLP

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Property litigation
Property litigation - ranked: tier 1

Burness Paull LLP (Edinburgh)

Burness Paull LLP’s specialist team ‘combines strong legal knowledge with creativity and boldness’. It has a wealth of expertise in dispute avoidance, as well as mediations, arbitrations and litigation for clients such as Argos, Aon, Ladbrokes and Royal Bank of Scotland. Gary Moffat and associate Jennifer Neill have undertaken a significant amount of work for Vodafone, including recently representing the client in a dispute with Glasgow College over mast equipment on college buildings scheduled for redevelopment. Practice head Alan McMillan is leading the defence of City of Edinburgh Council against a £8m dilapidations claim brought by Mapeley, which arose from its alleged breach of repair obligations as a tenant at Chesser House in Edinburgh. McMillan is also defending Dana Petroleum against a £1m dilapidations claim in relation to its tenancy at Grampian House in Aberdeen. The firm’s other recent matters include contested notices to quit and development-related matters.

Leading individuals

Alan McMillan - Burness Paull LLP

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Social housing
Social housing - ranked: tier 3

Burness Paull LLP (Edinburgh, Glasgow)

Burness Paull LLP provide a wide range of services to housing charities, housing associations and private sector housebuilders. Link Group, Scottish Futures Trust Investment Limited and Wheatley Housing Group are among the firm’s key clients. Jointly led by Peter Chambers and Scott Peterkin, the team advises on issues such as planning, health and safety, and construction. Peterkin, Louise Chambers, Gillian Irons and senior associate Sarah Stewart acted for Sanctuary Housing Association on its high-profile £6.5m acquisition of the site formerly known as the Victoria Infirmary in Glasgow as part of a major development project. Stephen Phillips was the lead adviser to the same client on the development of a legal framework for delivery of the project. Another highlight involved acting for Hillcrest Housing Association in the acquisition of, and linked development agreement associated with, a site at Loaning Road in Edinburgh for 59 affordable housing units.

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Scotland: TMT (technology, media and telecoms)

IT and telecoms
IT and telecoms - ranked: tier 2

Burness Paull LLP (Aberdeen, Edinburgh, Glasgow)

Burness Paull LLP regularly acts for technology businesses, financial services companies, oil and gas companies and public sector entities on a wide range of contentious and non-contentious IT matters. It added to its bench strength with the recruitment of the ‘knowledgeable’ Callum Sinclair, who joined as head of technology from DLA Piper Scotland LLP; he advised Glasgow City Council on the procurement of ICT services while also providing procurement advice to the Highlands and Islands Enterprise with regards to its Community Broadband Scotland project, rolling out high-speed broadband to rural areas. David Goodbrand advised Payfont – a technology start-up specialising in cyber solutions for data protection and online payment transactions – on a number of technology matters, including data processing and data protection. Colin Hulme has ‘extensive breadth and depth of knowledge’ and is the main contact for contentious IT work. Senior associate Neeraj Thomas is ‘a real workhorse’.

Next generation lawyers

Callum Sinclair - Burness Paull LLP

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Intellectual property
Intellectual property - ranked: tier 1

Burness Paull LLP (Edinburgh, Glasgow)

Regarded as ‘one of the leading IP firms in Scotland’, Burness Paull LLP is particularly well known for its strong contentious practice, handling high-profile enforcement campaigns while the protection of confidential information and trade secrets constitutes a significant area of growth for the ‘fantastic’ practice. Well regarded litigator and head of contentious IP Colin Hulme continues to manage Sky’s enforcement programme across Scotland, which involves the enforcement of Sky’s on-screen logos copyrights through interdict proceedings in the Court of Session. On the non-continuous side, the practice is well versed in handling high-profile IP transactions and sport sponsorship matters. David Goodbrand jointly heads the non-contentious team with Callum Sinclair, who joined from DLA Piper Scotland LLP; Goodbrand advised Brown-Forman – one of America’s largest wine and spirit businesses – on the acquisition of the BenRiach Distillery, the owner of the BenRiach, Glendronach and Glenglassaugh Scotch whisky brands and trade marks. In another highlight, Goodbrand advised Standard Life Investments on the renewal of its sponsorship and global partnering with the Ryder Cup in 2018. Senior associate Neeraj Thomas is ‘responsive and discreet’.

Leading individuals

Colin Hulme - Burness Paull LLP

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Media and entertainment
Media and entertainment - ranked: tier 1

Burness Paull LLP (Glasgow)

Burness Paull LLP is a respected player in the market, assisting a large number of key industry players such as BBC Scotland and Sky with a wide range of contentious and non-contentious matters. Chairman Philip Rodney continues to advise BBC Scotland on a variety of media law matters such as reporting restrictions, freedom of information matters and litigation. Phonographic Performance (PPL) instructed the team to assist with its enforcement campaign in Scotland, which involved multiple interdict actions at the Court of Session. The practice also continues to manage Sky’s enforcement programme across Scotland, while Grant Stevenson advised television production company Solus Productions on the preparation and negotiation of a licence and distribution agreement for the documentary McQueen of Scots, and assisted with the composer contract and synchronisation licence for the accompanying soundtrack. Other highlights included assisting Standard Life Investment with its sponsorship renewal and global partnership with the Ryder Cup in 2018.

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Sport
Sport - ranked: tier 2

Burness Paull LLP (Glasgow)

Burness Paull LLP’s ‘strong’ practice acts for clients on a range of judicial reviews, sponsorship agreements, employment and project development matters.Senior associate Neeraj Thomas, who ‘provides excellent commercial advice’, acted for the Scottish Football Association in opposing a judicial review raised by the entrepreneur Michael Ashley after he was found to be in breach of Scottish FA’s disciplinary rules, and assisted Scottish Cycling on a number of issues pertaining to its selection process and criteria for the 2018 Commonwealth Games. The team also advised Basketball Scotland on disciplinary proceedings following allegations of misconduct against a coach, and assisted Hampden Park with procurement, construction contract and funding issues pertaining to the development of the football stadium to accommodate the UEFA Euro 2020 football tournament in line with UEFA tournament requirements. Standard Life Investments instructed the team to handle the renewal of its sponsorship and global partnership with the Ryder Cup in 2018.

Next generation lawyers

Neeraj Thomas - Burness Paull LLP

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Further information on Burness Paull LLP

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Scotland

Offices in Edinburgh, Aberdeen, and Glasgow

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