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Shoosmiths

SALTIRE COURT, 20 CASTLE TERRACE, EDINBURGH, EH1 2EN, SCOTLAND
Tel:
Work 03700 868 000
Fax:
Fax 03700 868 008
DX:
553051 EDINBURGH 18
Email:
Web:
www.shoosmiths.co.uk

Rod Macphail

Tel:
Work 03700 868032
Email:
Shoosmiths LLP

Work Department

Recovery Services Group

Position

Partner and head of recovery services in Scotland, Rod's specialist area of practice is Recoveries Litigation for a wide range of financial institutions, trade creditors, utilities and public bodies. He has particular expertise in dealing with commercial debt recovery and insolvency related litigation. His recent experience includes advising:

a major aggregates supplier in the swift and successful recovery of a £125,000 debt from a distressed construction company which subsequently went into administration;

an engineering company in obtaining security on the dependence of an action against a foreign domiciled company;

a major debt purchaser in relation to its Scottish litigation strategy;

a big four insolvency practice on recovery of a complex syndicated loan; a major utilities company in relation to its Scottish litigation strategy; a FTSE 100 company on recovery of its Scottish debtor ledger.

Career

Trained Maurice Kidd & Co, qualified 1984; solicitor associate Bonar Mackenzie 1985-88; partner Archibald, Campbell and Harley 1989-2012; partner Shoosmiths 2012.

Languages

French.

Member

Writer to Her Majesty’s Signet, notary public.

Education

Hutchesons’ Boys Grammar School, Glasgow; Edinburgh University, MA (Hons) Politics (1976-1980); Edinburgh University LLB (1980-1982); DipLP (1982-1983).

Leisure

Travel, music, sport, wine, walking.


Scotland: Dispute resolution

Commercial litigation

Within: Commercial litigation

In addition to undertaking general commercial litigation, Shoosmiths demonstrates strong capabilities in specialist contentious matters connected with banking, insolvency, health and safety, and real estate. IT supply contract disputes are a particular area of strength for the first-rate team, which is led by Stuart Clubb, and includes Rod Macphail and Andrew Foyle. Clubb and Foyle are solicitor advocates, giving them rights of audience at all court levels in Scotland, and also at the Supreme Court. Ben Zielinski, who was promoted to senior associate in 2017, is another key individual. In 2017, Clubb and Zielinski defended Regus Caledonia Limited at the Inner House of the Court of Session in a widely-commented case relating to the recovery of the costs of repair works to commercial premises that had been sub-leased to the client. Clubb is currently handling a professional negligence lawsuit against a law firm on behalf of a financial services company. Other clients that instruct the firm for complex disputes include British Gas, KPMG and Screwfix Direct.

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Debt recovery

Within: Leading individuals

Rod Macphail - Shoosmiths

Within: Debt recovery

The team at Shoosmiths is 'easy to deal with' and 'adds value' through 'timely and relevant feedback, good advice and high success rates'. Practice head Rod Macphail 'deserves particular praise'; 'he operates a very tight ship, employs staff who know exactly what's required and always makes himself available if detailed advice is needed'. A hallmark of the practice is the size and depth of its offering; Andrew Foyle is one of two solicitor advocates in the group with full rights of audience at the Court of Session and Supreme Court, along with Stuart Clubb. In addition, the team benefits from the experience of recoveries managers Rhona Cuthbert and David Smith, as well as recoveries team leader Gail Peterson. Noted for its pan-UK operation, the group provides the full spectrum of advice on recoveries related to asset finance, commercial and corporate secured and unsecured lending, consumer secured and unsecured lending, mortgage shortfalls, commercial business to business and insolvency-related matters. In a recent highlight, Foyle successfully acted for the Royal Bank of Scotland as the pursuer in a defended action for possession of a residential property owned by a customer; the action was defended by the customer on the basis of an alleged failure by the client to comply with the pre-action requirements under the Homeowner and Debtor Protection (Scotland) Act 2010. D & C Fawcett, Paragon Car Finance and Thomas Cook Airlines are recent client wins. Associate Peter McGladrigan is recommended.

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Scotland: Finance

Insolvency and corporate recovery

Within: Insolvency and corporate recovery

Rod Macphail leads Shoosmiths' insolvency sector recoveries unit, which covers all stages of the debt recovery process, from pre-litigation to post-litigation and enforcement. The firm also counts on the experience of practitioners in other areas to advise on insolvency issues, particularly those in real estate and corporate. Stuart Clubb, Stuart Murray, Andrew Foyle and associate Peter McGladrigan acted for the liquidators in the winding-up of Yolo For Men Limited in 2017. In an ongoing case, Foyle and McGladrigan are representing a retail bank in a circa £100,000 claim brought by a company over money deposited into a bank account, which was allegedly held on trust for the client by a (now insolvent) customer. In addition to acting for insolvency practitioners and lenders, other clients include distressed businesses and individuals.  Real estate partner Janette Speed is another key figure.

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