The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

BTO Solicitors LLP

48 ST VINCENT STREET, GLASGOW, G2 5HS, SCOTLAND
Tel:
Work 0141 221 8012
Fax:
Fax 0141 221 7803
DX:
GW96 GLASGOW
Email:
Web:
www.bto.co.uk
Edinburgh, Glasgow

Patrice Fabien

Tel:
Work 0141 221 8012
Email:
Web:
www.bto.co.uk
BTO Solicitors LLP

Work Department

Social housing, Charities, Corporate, Procurement

Position

Partner


Patrice is very well respected and acknowledged as an expert in his field. His knowledge of the social housing sector is unrivalled in Scotland. Often called upon to prepare high level Options Appraisal Reports on issues such as corporate governance; group structures – including mergers, amalgamations, consolidation and joint ventures; charity law and the ever-growing management matters that are relevant to RSLs and charities. Particularly adept at dealing with issues relating to contracts, EU Procurement and State Aid. He has assisted clients in the UK in successfully challenging awards of contracts under the old procurement regime, as well as under the new procurement regime. Patrice acts for a number of well-known charitable organisations and charitable RSLs, advising on funding models, policies and ongoing legislative and regulatory changes. In addition, Patrice advises on all matters relating to funding, including bilateral loan agreements, syndication, re-finance and lending through trust fund managers.

Career

Trained Dundas & Wilson; qualified 1991; In-house solicitor, Scottish Homes, then Partner, BTO Solicitors LLP (2000).

Languages

English and French.

Education

Edinburgh University, (1990 LLB Dip LP; 1987 MA (Hons)).

Leisure

Wine tasting, cycling and traditional fiddle music.


Scotland: Corporate and commercial

Corporate and commercial: Edinburgh and Glasgow

Within: Corporate and commercial: Edinburgh and Glasgow

BTO Solicitors LLP's team undertakes a wide variety of corporate transactions, including acquisitions and disposals, joint ventures and company restructurings. In addition, it advises on investment agreements, shareholder agreements and corporate governance issues, among other matters. The firm has a diverse client following, which includes sole traders and Scottish SMEs, as well as UK and international businesses. In the construction sector, Scott Wyper and senior solicitor Emma Barclay acted for Lifting Gear Hire Limited in its £1.7m acquisition of a competitor's business and assets in 2017. The firm generates work from clients across many other industries, including energy, food and drink, and travel and leisure. Wyper and practice head Jeremy Glen are two of the six partners in the team, with the other names being Andrew Sleigh, Alastair Dunn, Gary Booth and Patrice Fabien.

[back to top]

Scotland: Private client

Charities and not-for-profit

Within: Charities and not-for-profit

BTO Solicitors LLP advises a broad range of clients on their transition to charitable status, as well as on governance and day-today- charitable operations, reorganisation applications to the OSCR, and regulatory matters. Karen Brodie and practice head Patrice Fabien supported Southside Housing Association with its application for Big Lottery funding for a new community hub project, and on several other governance and procurement matters. Jeremy Glen assisted the Peter Vardy Foundation with the incorporation and registration of a new SCIO. David Hoey handled the University of Strathclyde Students’ Association’s transformation into an incorporated company structure. Associate Marion Davis is recommended for her expertise in charity structures, governance and regulatory issues.

[back to top]

Scotland: Real estate

Social housing

Within: Leading individuals

Patrice Fabien - BTO Solicitors LLP

Within: Social housing

BTO Solicitors LLP has been engaged in the social housing sector for four decades, and its team has a first-rate reputation in strategically significant mandates. Karen Brodie, and associates Marieclaire Reid and Lesley Gray, have been advising Clyde Valley Housing Association Limited on the acquisition of a number of development sites as part of its ambitious development programme. The team has also acted for Southside Housing Association in various matters; Brodie is assisting the client with a community hub project, which will receive Big Lottery funding and will be taken forward with another local community organisation. Team head Patrice Fabien recently advised the same client on governance issues, including updates to its Code of Conduct for Governing Body Members, and on a response to a complaint by a bidder over the client's approach to a procurement exercise. Grant Hunter oversees the firm's RSL litigation work and is experienced in disputes arising from tenancy breaches, stock transfers and development projects. Caroline Carr and Marion Davis are accredited by the Law Society of Scotland as specialists in employment law and charities law respectively, while consultant Ann O’Connell is an accredited construction law specialist. David Young is knowledgeable about debt recovery, tenancy litigation, factoring and ASBOs. Sandra Cassels and Paul Motion are also recommended.

[back to top]


Back to index

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • The Cayman Islands Data Protection Law, 2017

    The following information relates to the enactment of The Cayman Islands Data Protection Law, 2017 (" DPL "), which was expected to come into force on 29 January 2019, will now come into force in September 2019. The DPL will regulate the future processing of all personal data in the Cayman Islands.
  • The Mutual Funds Law (2019 Revision)

    The following information relates to the enactment of The Mutual Funds Law (2019 Revision) and the subsequent commencement of related sections of The Mutual Funds (Amendment) Law 2015. The changes require certain funds to notify the Cayman Islands Monetary Authority if they are active in EU jurisdictions.
  • Stuarts Success - Case Review: Toby -v- Allianz Global Risks US Insurance Company

    Toby –v- Allianz Global Risks US Insurance Company, FSD 152 of 2013 (IMJ), Judgment delivered on 29 August 2018
  • Security Token Offerings in the Cayman Islands

    Security Token Offerings (“STOs”) are an extremely popular means of fundraising for new projects and utilise blockchain technology to do so. Whilst no specific legislation has been passed by the Cayman Islands Government in connection with STOs and cryptocurrencies, it would be incorrect to say that STOs are “unregulated”.
  • "BLACK FRIDAY" - NOW FREELY USABLE FOR PROMOTIONS IN AUSTRIA

    Black Friday is unquestionable one of the most profitable and busiest days of the year for retail, particularly online. Worldwide almost all online store do offer sales or special promotions on Black Friday or Cyber Monday. Already after this practice has established online, a trademark for " BLACK FRIDAY " was registered in Germany back in 2013. In 2016 a Chinese company acquired the trademark and then filed in 2017 for its extension to Austria. Based on the registered trademark, it granted exclusive rights to an Austrian company, which licensed usage rights to various partner stores against remuneration. Further, an exclusive " Black Friday-Cooperation Program " was established. Non-partners who used the event name or trademark were prosecuted and requested to either pay a license fee or refrain from running Black Friday promotions. Some followed the request and entered into license agreements. Some, however, did challenge the validity of the trademark. Finally, respective proceedings to check the actual protection of the trademark were initiated. Austrian courts now held that the trademark " BLACK FRIDAY " is not protected in Austria .
    - Dorda
  • The Zero Carbon Bill - a closer look

    ​​​​The long-awaited "Zero Carbon Bill" was finally released on 9 May, but despite being greeted by considerable media interest there are a number of significant issues that have yet to come to the fore.
  • A link tax in New Zealand?

    ​​​​A controversial payment to publishers for content in Europe has implications for New Zealand – despite escaping mention in a recent paper that set out the key issues for review for our own copyright laws.
  • News media exemption under the Privacy Act: now a matter of "responsibility"?

    The role of the news media as the "eyes and ears" of the public, and the corresponding right of such news media to be exempted from the Privacy Act 1993 ( Privacy Act ), is entrenched and well accepted. However, the extent to which the news media exemption applies to non-traditional forms of "news" published by "civilian journalists", such as online commentary and blogs, is a hotly debated subject.
  • Quarterly Update on Trade Defense Cases in Turkey (June 2019)

    The authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio , has been given from the Ministry of Economy to the Ministry of Trade ("Ministry"). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.
  • Company Formations - A jurisdictional guide to setting up a business

    The following article contains the Foreword in the IR Global Virtual Series brochure on 'Company Formations - A jurisdictional guide to setting up a business'.