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Shepherd and Wedderburn

1 EXCHANGE CRESCENT, CONFERENCE SQUARE, EDINBURGH, EH3 8UL, SCOTLAND
Tel:
Work 0131 228 9900
Fax:
Fax 0131 228 1222
DX:
551970 EDINBURGH-53
Email:
Web:
www.shepwedd.com

Barbara Bolton

Tel:
Work 0131 473 5218
Email:
Shepherd and Wedderburn

Work Department

Commercial, Finance and Insolvency Disputes

Position

Barbara is a partner with over 12 years’ experience in commercial dispute resolution, with a particular focus on specialist corporate litigation, pensions litigation and high-value, complex contractual claims. She regularly advises in relation to shareholder related disputes, including breach of warranty claims under share purchase agreements and disputes related to share issues. She acted for the Petitioner in the first successful minority shareholder application in the UK under the Companies Act 2006, seeking permission for the shareholder to bring an action against a director on behalf of the company. Barbara handles contentious corporate litigation including petitions for the restoration of companies, and has advised in relation to a range of director-related litigation, including recovery of directors’ loans, claims against former directors for breach of contract and fraud and enforcement of personal guarantees. In pensions litigation Barbara has played a key role in the development of novel legal arguments that have resulted in the Scottish courts taking a more pragmatic approach to scheme amendments. These decisions led to the resolution of a raft of other claims, securing positive outcomes for Barbara’s client as well as developing the law and practice generally in this area.

Career

Trained Brodies LLP; admitted as attorney in New York 2000; solicitor in Scotland 2006; England and Wales 2008. Associate Shearman & Sterling LLP, New York 1999- 2002; researcher, Human Rights Watch, New York 2002-2003; trainee, Brodies LLP 2004-2005, partner (from 2013); Tods Murray LLP 2006-2014; partner, Shepherd and Wedderburn LLP 2014 to date.

Languages

Spanish – competent.

Member

New York State Bar; New York Eastern District (Federal Court); Law Society of Scotland; Law Society of England and Wales; accredited specialist, commercial litigation, WS Society; member Fraud Advisory Panel; trustee of OneKind, a UK animal protection charity based in Edinburgh (since 2012).

Education

Lochaber High School; University of Glasgow (1997 LLB Hons); University of New York (1999 LLM); University of Edinburgh (2004 Dip LP).


Scotland: Dispute resolution

Commercial litigation

Within: Commercial litigation

Shepherd and Wedderburn has a ‘top-drawer’ commercial litigation practice that covers a broad range of areas, including professional negligence, construction and commercial disputes, as well as niche areas such as pensions litigation. Its heavyweight team features three solicitor advocates: John MacKenzie, Iain Drummond and Kevin Clancy all have a wealth of experience in Court of Session litigation. In 2016, Elaine Brailsford (‘a strong lawyer with good interpersonal skills’) acted for Tor in a $65m damages claim against Chinese state-owned entity China National Star Petroleum for breach of a contract to repair and manage an oil rig. In another key matter, Barbara Bolton (who is ‘particularly good at managing clients and their expectations’) is representing UK Asset Resolution as the pursuer in a number of professional negligence actions against a firm of solicitors and a firm of surveyors in connection with buy-to-let mortgages arranged before the 2008 financial crisis. Gillian Carty leads the team, whose other clients include Ernst & Young, Capital Document Solutions and TROUW (UK).

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