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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

Andrew Foyle

Tel:
Work 03700 868053
Email:
Shoosmiths LLP

Work Department

Recoveries Services Group

Position

Andrew is a partner within the Recoveries Services Group, specialising in dispute resolution for financial institutions and insolvency practitioners. He has been involved in a number of leading cases in the Scottish banking litigation field, including cases involving cheque law, fraud, mis-selling, restitution, negligence and recoveries (both corporate and retail). He has also acted in a number of reported bankruptcy and corporate insolvency cases in the Sheriff Courts in recent years. He is a solicitor advocate with rights of audience in the Supreme Courts and experience in Court of Session litigation for commercial clients. He is also regularly instructed to prepare opinions for clients, solicitors and other professionals in relation to specific matters in the insolvency and banking fields.

Career

During 1999-2000 he worked as a research assistant with the Scottish Law Commission in Edinburgh, contributing to the projects on poindings and warrant sales, diligence, and trust law. Following completion of his diploma in legal practice in 2001 he trained at Anderson Strathem LLP in Edinburgh where he remained unti1 2013, latterly heading up their financial services recoveries team. He joined Shoosmiths as a partner in June 2013.

Member

Law Society of Scotland.

Education

St. Joseph’s College, Dumfries (1988-94); University of Glasgow (1998 LLB Hons); University of Dublin (Trinity College) (1999 LLM); University of Edinburgh (2001 DipLP).

Leisure

Cycling, hill-walking, reading.


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: 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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Scotland: Real estate

Social housing

Within: Social housing

A core area of strength at Shoosmiths is its advice to RSLs on real estate development projects (including the associated site acquisitions and sales) in Edinburgh, Fife and Glasgow. Janette Speed and senior associate Gillian Wood are acting for Port of Leith Housing Association in its acquisition of development sites at Granton Harbour and Brunswick Road (both in Edinburgh). Kingdom Housing Association, Dunedin Canmore and Wheatley Group are other notable clients on development matters. Elsewhere, the firm also advises RSLs on other matters; Karen Harvie has expertise in employment and governance issues. Solicitor advocate Andrew Foyle undertakes recoveries work and is also knowledgeable about insolvency-related issues. Commercial litigator Stuart Clubb and corporate partner Stuart Murray are also recommended. Laura Bloxham departed for Womble Bond Dickinson (UK) LLP in 2017.

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