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

David Young

Tel:
Work 0141 221 8012
Email:
BTO Solicitors LLP

Work Department

Commercial Dispute Resolution, Recoveries, Property Litigation, Social Housing, Banking and Finance, Insolvency and Corporate Recovery and Rural Business.

Position

Partner


David has a recognised technical ability in a range of areas combined with broad legal experience. Clients appreciate his sensible, determined and pragmatic approach to dispute resolution. With a particular interest in property based litigation, David is consulted by clients in matters such as property damage, boundary disputes, commercial leasing, title obligations, and housing law (public and private sectors).

He has for a number of years acted for some of Scotland’s largest property factors such as LPM and Speirs Gumley. With his profile increasing in the sector, he is a regular speaker at the annual conference of The Property Managers’ Association Scotland.

Court actions he has managed include: a significant indemnity claim against a Lloyds of London Syndicate (>£900,000); an action in relation to commercial premises which went before the Supreme Court (ELB Securities Ltd v Alan Love & Prestwick Hotels Ltd [2015] CSIH 67); a £1.3 million claim against Network Rail for the unauthorised construction of a SUDS pond on a client’s land; and the defence of a claim by a tenant for damages of £550,000 due to an alleged breach of a lease of commercial premises.

David is also an integral part of BTO’s renowned social housing team through which he acts for a number of major registered social landlords who include The Clyde Valley Group, Argyll Community Housing Association and Kingdom Housing Association. Highly regarded by the Senior Management teams and housing officers they appreciate that they can delegate day to day case management to him.

Examples of recent work: pursuing actions for recovery of possession of property and ASBOs against tenants due to antisocial behaviour; pursuing actions for recovery of possession of properties due to various criminal convictions of either, the tenant, the tenant’s partner or a visitor to the property; assisting Argyll Community Housing Association on a review of their antisocial behaviour strategy including public consultation; providing advice on an RSLs rights of forcible entry to property requiring consideration of Equality Act 2010, SQHS, Human Rights Act 1998; providing guidance on the legislative changes to procedures regarding travelling persons sites; revising tenancy agreements; implementing mid-market rent procedure for subsidiary and advising on management agreement between subsidiary and RSL; seeking the appointment of a curator ad litem to enable a recovery action to be raised against an incapax tenant.

Career

Trained Russel & Aitken (2004 – 2006); Qualfied (2006); BTO Solicitors LLP (2006 - present). Made partner in 2016.

Languages

English.

Education

University of Aberdeen LLB (Hons); University of Dundee Dip LP; Notary Public

Leisure

Rugby: West of Scotland FC (Club Captain 2009-2011) and Scottish Lawyers’ XV.  Enjoys helping out on the family farm and forestry business.


Scotland: Dispute resolution

Debt recovery

Within: Debt recovery

BTO Solicitors LLP undertakes a sizeable volume of secured and unsecured recoveries work for banks and credit insurance companies, as well as Scottish, UK and international businesses. In addition to banking and financial services, the team (which is led by Grant Hunter) is particularly active in retail, property management and social housing. Other sector strengths include food and drink, and ports and marine. Dorothy Hatfield and others are acting for a PPI claim recoveries company and its client (which had succeeded in a PPI claim) in a UK Supreme Court case which concerns the entitlement to PPI awards where there has been an intervening insolvency by a claimant. Quarriers, Cigna Global Health and American Express Services Europe Limited are other notable clients. Hunter's team also includes David Young and consultant Robin Macpherson, who is an accredited insolvency specialist. Kirsteen Maclean has more than 10 years of debt recovery experience. Tony Jones QC joined Brodies LLP.

[back to top]

Scotland: Real estate

Property litigation

Within: Next generation lawyers

David Young - BTO Solicitors LLP

Within: Property litigation

BTO Solicitors LLP, which fields six solicitor advocates, undertakes a comprehensive range of property disputes for insurance companies, property developers, property managers, registered social landlords and housebuilders, among others. David Young was the lead adviser to ELB Securities Limited (the owner of commercial premises on Buchanan Street in Glasgow) on a case which is the leading authority on the status of property disclaimed by the Crown during a time when a company has been struck off the register of companies. Bill Speirs, Jilly Petrie and others are acting for a large insurance company in a claim by William Grant & Sons, which arose from the collapse of the roofs of its warehouses as a result of heavy snowfalls in 2009 and 2010. Grant Hunter and Graeme Kelly are advising Pendragon Plc on a compensation claim at the Lands Tribunal, which relates to a CPO by Glasgow City Council to build a link road though the client's commercial premises in the east end of Glasgow. Mark Morton leads the team, which also includes consultant Robin Macpherson and Angus Crawford. Associates Mark McCluskie, Michael Collins and Jamie Reekie are also recommended. Tony Jones QC departed for Brodies LLP.

[back to top]

Social housing

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
  • Korean Financial Regulators Advance Legislation to Introduce Regulatory Sandbox to Spark FinTech

    The 2018 year in review in Korea was notable for the sluggish overall economy, uncertainty surrounding the geo-politics and impact on Korea due to the global trade wars, on-going concerns related to the lack of jobs and unemployment, increased taxes and burdens for businesses and families, and no meaningful improvement or clarity in the current situation for 2019. In response, the Korean National Assembly passed a legislation called the Financial Innovation Support Act (the ‚ÄúFinISA‚ÄĚ) on December 7, 2018 to spark the financial services industry in conjunction with FinTech products and services. The FinISA, which will soon take effect in March 2019, is intended to lay the legal foundation to introduce a regulatory sandbox for innovative financial services, where FinTech firms test their new products and services without certain regulatory oversight pursuant to exemptions for a limited period of time (‚ÄúSandbox‚ÄĚ). As the FinISA exempts or defers application of existing finance-related regulations for new financial technology, products or services with the purpose of fostering the creation of innovative and new financial products and services, it will also support the stabilization of such services in the financial services market at the end of the testing period and is expected that the FinISA will support a revitalization of the FinTech industry which experienced sluggish growth in recent times. In particular, as companies and investors become more interested in security tokens and Security Token Offerings (‚ÄúSTO‚ÄĚ) which are regulated by the Financial Investment Services and Capital Markets Act (the ‚ÄúFSCMA‚ÄĚ), there have been on-going discussions and debates as to whether the FinISA could lead to a breakthrough in the crypto-asset industry based on blockchain technology. Crypto assets encompasses those assets which utilize blockchain technology where the asset is digitalized by utilization of cryptography, peer-to-peer networks and a public ledger of verified transactions resulting in a ‚Äėunits‚Äô of such a crypto asset without any involvement by middle-persons or brokers (e.g., cryptocurrency.
  • DISMISSAL AT NISSAN AND WORKPLACE CRIME PREVENTION

    The sacking of Nissan’s high-profile chairman may have beenproof that nobody is infallible. But Nicola Sharp argues that it should also beseen as an indicator that no company can be considered safe from wrongdoing.
  • 2018 FCPA Enforcement Actions and Highlights

    Overall, 2018 was a more active year in terms of Foreign Corrupt Practices Act ("FCPA") enforcement actions compared to 2017.
  • Legality of advertising with statements on the effects of medical treatments

    Advertisements featuring statements on the effects of medical treatments are only permissible if they are supported by sound scientific evidence. This was reaffirmed by the Oberlandesgericht (OLG) Frankfurt, the Higher Regional Court of Frankfurt.
  • Sayenko Kharenko announces new partner promotion

    Sayenko Kharenko announces new partner promotion
  • ECJ ‚Äď Distinctive character necessary for registration as EU trade mark

    For a sign to be capable of being registered as an EU trade mark, it must be distinctive across the entire European Union. This was confirmed by the Court of Justice of European Union (ECJ) in a ruling from 25 July 2018.
  • Supporting local and international charitable organizations

    As one of the leading law firms in Cyprus, we are active promoters and supporters of local economic growth by sponsoring local events, applying environmental-friendly practices, minimizing our ecological impact, and most importantly, by raising money for local charities and non-profit organizations.
  • BAG ‚Äď Employers can claw back bonus payments

    The Bundesarbeitsgericht (BAG), Germany’s Federal Labour Court, confirmed in a recent ruling that employers can claw back collectively agreed bonus payments from employees under certain circumstances.
  • Stricter supervision in relation to the Scheme for Naturalisation of Investors in Cyprus by Exceptio

    Recently there were a lot of publications within the European Union expressing concerns about the allegedly very high number of Cypriot passports being given to foreign investors the last few years. The Council of Ministers has decided on 9th January 2018 with the decision with number 84.069, to impose a stricter supervision of all the parties involved in the Scheme for the naturalisation of non-Cypriot investors in Cyprus by exception.
  • 19% VAT on Plots

    In order to harmonize the  Acquis Communautaire on the Taxation of untapped and undeveloped plots of land, the Cyprus Government enacted, on 03/11/2017, relevant legislation for the imposition of 19% Value Added Tax (VAT) on these properties, with a date of enforcement being 02/01/2018. The relevant legislation refers to plots/pieces of land offered and/or provided for construction for economic purposes.