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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

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: 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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Scotland: Real estate

Social housing

Within: Social housing

Shoosmiths acts foe social housing sector clients on a broad cross-section of matters. Practice head Janette Speed and senior associate Laura Bloxham are experienced in residential development and property transactions. Recent highlights include advising Port of Leith Housing Association on the acquisition of a development site at S2 Granton in Edinburgh. Solicitor advocate Andrew Foyle manages recoveries matters and also undertakes insolvency-related work. Solicitor advocate Stuart Clubb handles housing litigation, which includes cases involving Anti-Social Behaviour Orders, recoveries of rent arrears and property from tenants and post-stock transfer warranty and indemnity claims. Karen Harvie is particularly knowledgeable about governance and employment issues. Corporate partner Stuart Murray and senior associate Kenny Scott are other highly regarded practitioners. Kingdom Housing Association, Fairfield Housing Co-operative and Cairn Housing Association are all clients.

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