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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

Shoosmiths’ wide-ranging practice covers commercial contracts and shareholders’ disputes, banking litigation, health and safety disputes, professional negligence claims and insolvency work. Solicitor advocate Stuart Clubb, joined the firm in 2016 from HBJ Gateley, succeeding Graham Reid as practice head, following the latter’s move to Charles Wood & Son. Recent highlights include acting for a residential property developer in a professional negligence claim against a firm of surveyors, and representing a high-street bank in litigation arising from an alleged breach of a personal guarantee by a company director. Wella UK, Calor Gas and Screwfix Direct are notable clients of the practice. Rod Macphail, Andrew Foyle and associate Ben Zielinski are recommended.

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Debt recovery

Within: Leading individuals

Rod Macphail - Shoosmiths

Within: Debt recovery

Shoosmiths is ‘one of the best in the market, in terms of value for money’. Rod Macphail, who leads the debt recovery team in Scotland, works with Andrew Foyle and others to handle the full range of matters for financial services clients, including mortgage shortfall recoveries, asset finance recoveries, receivables finance and commercial lending. Foyle is representing a bank in a secured recoveries case against a customer who is arguing that the client failed to comply with certain mandatory pre-action requirements before seeking to repossess the customer’s property. The group, which has vast experience of all aspects of pre-and-post-litigation collections, also draws upon its strengths in the insolvency arena to manage related recoveries. The ‘approachable’ associate Peter McGladrigan is recommended, as is recoveries manager David Smith. Rhona Cuthbert, who has more than 20 years of debt recovery experience, is particularly knowledgeable about asset finance litigation and recoveries. Other areas of strength for the team include business-to-business recoveries, and work for utilities companies and public sector organisations. Close Asset Finance, Merchant Money, DM Hall and KPMG are notable clients. Stuart Clubb joined from HBJ Gateley.

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Scotland: Finance

Insolvency and corporate recovery

Within: Insolvency and corporate recovery

Shoosmiths’ multidisciplinary team was significantly strengthened by the recent hire of new practice head Stuart Clubb, who joined from HBJ Gateley. Clubb is a solicitor advocate with 15 years’ insolvency litigation experience. Litigators Rod Macphail and solicitor advocate Andrew Foyle are also well regarded. Foyle and associate Ben Zielinski defended a former shareholder and director of a Scottish limited company against a claim brought by its liquidators arising from an allegation of a transaction involving an undervaluation that benefited the client. The firm’s other clients include insolvency practitioners, lenders and distressed businesses. The practice is also able to leverage strengths in areas such as real estate and corporate law, as needed.

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