The Legal 500

Burness LLP

120 BOTHWELL STREET, GLASGOW, G2 7JL, SCOTLAND
Tel:
Work 0141 248 4933
Fax:
Fax 0141 204 1601
DX:
GW154 GLASGOW
Web:
www.burness.co.uk
Email:
Glasgow, Edinburgh

What we say about the firm's legal practice in Scotland

Corporate and commercial

Within Corporate and commercial Edinburgh and Glasgow: , Burness LLP is a second tier firm,

Burness LLP’s clients recommend practice head Peter Lawson for his ‘clarity of advice, commercial acumen and first-class service to clients’. Recent highlights include advising BlueGem LP on its £42m public takeover of Liberty plc. Jonathan Heaney, Mark Ellis and Grant Stevenson are also recommended. The firm recruited Tony Byrne from Dickson Minto WS, and promoted the ‘always well-preparedWalter Clark to partner.

Within Corporate tax , Burness LLP is a third tier firm,

Burness LLP’s tax practice continues to receive a healthy flow of transactional tax work from private and voluntary sector clients. John Finnick advised STV Group on the tax aspects of the share sale of Pearl & Dean Cinemas Limited in 2010. Walter Clark was promoted to partner.

Within EU and competition, Burness LLP is a second tier firm,

David Goodbrand heads the competition law team at Burness LLP. It handles both contentious and non-contentious matters, and in 2010 experienced growth in its procurement and state aid workload for public sector clients. Recent highlights include representing BSA International, a Belgian company, in a substantial warranty claim against the vendors of a Scottish company at the Court of Session.

Crime, fraud and licensing

Within Licensing, Burness LLP is a third tier firm,

Burness LLP won renewal of its appointment to advise Ladbrokes on all licensing matters. Key individuals include Gary Moffat and senior associate Diane Turner, who heads the team.

Dispute resolution

Within Commercial litigation, Burness LLP is a first tier firm,

Burness LLP stands out for its ‘personalised and attentive service’, and in 2010 gained new instructions from Kodak, Standard Life and Scottish Rugby Union. Highlights included advising in a $2bn dispute over a pharmaceutical licence. Practice head Colin Hulme is ‘a creative thinker with a phenomenal range of contacts’. The team was recently joined by Ewan McIntyre, previously head of Morton Fraser’s litigation practice.

Finance

Within Banking and finance , Burness LLP is a second tier firm,

Burness LLP’s seven-partner team is fast developing a reputation as ‘one of the best Scottish law firms’ for banking transactions, with clients ‘consistently impressed by the fast responses and good client relationship skills’. Scott Wilson heads the team, which in 2010 advised RBS’ real estate finance group on £160m of syndicated facilities to Airport Industrial Limited Partnership. Alan Soppitt is ‘a lifesaver on complex structures’, and dual-qualified Jonathan Heaney is an ‘intelligent, down-to-earth and pragmatic lawyer’.

Within Insolvency and corporate recovery, Burness LLP is a first tier firm,

Burness LLP’s restructuring and insolvency practice delivers ‘all-round first-class service’, with an integrated approach that makes it ‘particularly adept at handling large, voluminous, complex cases’. In 2010, the team was appointed to the corporate real estate and corporate and commercial panels for Lloyds Banking Group Business Support Unit, advising it and Grant Thornton on the administration and liquidation of companies within the Kenmore Property Group. ‘Committed, resourceful and commercial’ practice head Gary Moffat is ‘great at identifying the nub of an issue almost immediately, and is never flummoxed by a problem’.

Within Unit trusts, OEICs and investment trusts, Burness LLP is a third tier firm,

Burness LLP’s Alan Soppitt is a market leader for advice on Scottish limited partnerships used in private equity and other fund situations.

Human resources

Within Employment, Burness LLP is a second tier firm,

Burness LLP delivers ‘consistently high-quality’ and ‘exemplary’ service. Senior associate Morag Moffet is ‘highly impressive’, and David Morgan’s ‘advice is invaluable’. Practice head Ronald Mackay is also recommended.

Within Health and safety, Burness LLP is a second tier firm,

Burness LLP’s multi-disciplinary health and safety team includes lawyers with expertise in criminal 
litigation, construction, employment, property and environmental law. The team ‘tempers its advice in view of commercial viability, the speed of 
response required, and practicality’. Team head Gavin Paton is recommended, along with associate Diane Turner.

Within Pensions, Burness LLP is a second tier firm,

Burness LLP’s team gives ‘clear, helpful and timely’ advice, and ‘service is excellent and exudes personal commitment’. The firm acted for the trustee of the Gems Sensors Pension Plan regarding a bulk transfer of half of the scheme’s liabilities. Independent Television News is a recent client win. Practice head Vanessa Ingram is recommended.

Overview

Private client

Within Charities, Burness LLP is a first tier firm,

Burness LLP’s charities practice is headed by the highly regarded Stephen Phillips, and is singled out for its ‘knowledge of the sector and ability to keep up with what can be a very fast-changing context’. Paul Pia retired.

Projects, energy and natural resources

Within Energy (excluding oil and gas), Burness LLP is a third tier firm,

Burness LLP’s diverse practice covers wind and hydro energy, with energy from waste a particular strength. James Forbes heads the team, which in 2010 advised Bruichladdich Distillery Company on its combined heat and power biomass project, and Lloyds Banking Group and BNP Paribas as lenders for the £32m, 22MW Glenkerie Wind Farm development.

Within Projects, Burness LLP is a third tier firm,

Chris Mackay heads the team at Burness LLP, which advised ten public sector bodies on the hub initiative.

Public sector

Within Education, tier 4

Chris Mackay and James Forbes jointly head Burness LLP’s education practice, and draw on their expertise in the construction sector. The practice is advising on the Orkney Islands schools projects, and represents the University of St Andrews on a number of issues.

Within Local government, Burness LLP is a second tier firm,

The ‘excellentStephen Phillips heads Burness LLP’s public sector practice. The firm is advising several councils regarding the South East Territory hub initiative, including Edinburgh, West Lothian and East Lothian.

Real estate

Within Commercial property: Edinburgh and Glasgow, Burness LLP is a first tier firm,

Burness LLP’s property team delivers ‘response times, innovation, commerciality and value for money that is all first class’. The ‘exceptionalNick Naddell heads the team, which in 2010 acted for Kenmore Capital Skypark Limited and Kenmore Capital Skypark 2 Limited on the £54m sale of their interest in the Skypark Unit Trust to Moorfield Group. Steven McKinlay has a ‘fantastic knowledge base’. David Gifford and David Johnston both retired in 2010.

Within Construction, Burness LLP is a second tier firm,

Burness LLP is particularly experienced in innovative pathfinder projects, a strength that saw it act as adviser to the first Scottish Futures Trust Hub project, a major procurement project spanning Scotland. Fenella Mason heads the team, which also advised Glasgow City Council on construction contracts for the Commonwealth Games National Indoor Sports Arenas.

Within Elsewhere in Scotland Commercial property: leisure and hospitality

Within Environment, Burness LLP is a second tier firm,

Burness LLP’s environment team won new clients including CVC Capital Partners, and maintained its focus on the renewable energy sector. Michael Wood advised CVC on environmental issues relating to a major petroleum deposits site.

Within Planning, Burness LLP is a third tier firm,

Clients find it ‘hard to faultBurness LLP for all-round capability and service’. Practice head Ian Wattie is ‘an exceptional lawyer, technically excellent and very commercial’.

Within Property litigation, Burness LLP is a first tier firm,

Exceptional in every way’, Burness LLP’s property litigation team advises Ladbrokes on all real estate matters. Practice head Alan McMillan is recommended for his ‘understanding of the situation, quality of advice, and ability to deal with a rapidly changing situation’.

Within Social housing, Burness LLP is a second tier firm,

Caroline Drummond heads the social housing practice at Burness LLP, following the retirement of David Johnston. Highlights for 2010 included advising Link Housing Association in relation to a multimillion-pound contract with City of Edinburgh Council to manage 1,600 properties in Edinburgh.

TMT (technology, media and telecoms)

Within Intellectual property, Burness LLP is a second tier firm,

Burness LLP’s IP practice is led by David Goodbrand, who is ‘very good technically’. Accredited IP specialist Colin Hulme has a ‘“can-do” attitude’, and is noted for his expertise on the contentious side. New clients include Touch Bionics.

Within IT and telecoms, Burness LLP is a second tier firm,

David Goodbrand heads Burness LLP’s IP group, in which Helena Brown and Colin Hulme are also recommended; all three are noted for their ‘ability to analyse and pick out the key aspects of work’. Senior solicitor John Pope is valued for his ‘acumen, exuberance and passion’.

Within Media and entertainment, Burness LLP is a first tier firm,

Burness LLP has a well-established reputation in media, and displays ‘excellent business acumen’; ‘it really invests in media law, in a way which is very rare in Scotland’. Clients include the BBC, STV Group and new client ITN. Grant Stevenson heads the group, and Philip Rodney is ‘extraordinarily good’.

Within Sport, Burness LLP is a third tier firm,

Burness LLP acts for sports governing bodies and trusts, such as the Scottish Football Association and Fife Sports and Leisure Trust. Colin Hulme heads the team.

Transport

Within Transport, Burness LLP is a third tier firm,

Practice head Chris Mackay is leading the team at Burness LLP in its ongoing advice to Scrabster Harbour Trust on procurement matters relating to the redevelopment of the Old Fishmarket Pier at Scrabster. Other key clients include BAA, Babcock Rail and Ullapool Harbour Trust.


Legal Developments in the UK

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • COUNCIL TAX

    In Harrow LBC v Ayiku [2012] EWHC 1200 (Admin) Sales J held that the word “or” in the Council Tax (Exempt Dwellings) Order 1992, art 3 Class N, had a disjunctive meaning, therefore it was sufficient for the non-British spouse of a foreign student to satisfy one or other of the two conditions, namely being prevented from taking paid employment or being prevented from claiming benefits, in order to qualify as a “relevant person” who was exempted from liability to pay council tax.
    - 11KBW
  • QUEEN’S SPEECH

    Bills already introduced pursuant to the Queen’s Speech on 9 May 2012 include Local Government Finance Bill and Electoral Registration and Administration Bill, both accompanied by Explanatory Notes, which in each case address ECHR compatibility.
    - 11KBW
  • Standards

    In R (Calver) v Adjudication Panel for Wales [2012] EWHC 1172 (Admin) Mr Calver was a member of Manorbier Community Council who successfully challenged the decision of the Panel to dismiss his appeal against a decision by Prembrokeshire County Council Standards Committee censuring him for a number of comments or blogs posted by him on a website he owned and controlled.
    - 11KBW
  • A justified retrospective

    Clive Sheldon - QC debates the pros & cons of retrospective tax legislation
    - 11KBW
  • Public Sector Equality Duty (“PSED”)

    In R (Greenwich Community Law Centre) v Greenwich LBC [2012] EWCA Civ 496 the Court of Appeal held that the Council had had “due regard to the PSED when making changes to its funding of community legal advice services”. At para 30 Elias LJ said:
    - 11KBW
  • Public Sector Equality Duty

    Surrey County Council conducted a review of its Library Service. This culminated in a Report to the Council’s Cabinet. The Recommendations in the Report included that there should be consultation about a community-partnership approach at selected Libraries.
    - 11KBW
  • Judicial Review

    The Judgment of Lindblom J in The Manydown Co Ltd v Basingstoke and Deane BC [2012] EWHC 977 (Admin) repays attention. The Claimant sought to challenge by judicial review 2 decisions of the Council: (1) the Council’s refusal to reconsider its position on the development of a site that it owns (and is the subject matter of a Joint Development Partnership Agreement with the Claimant); and (2) a decision of the Council’s Cabinet approving a selection of sites for development which did not include this site.
    - 11KBW
  • The Health and Social Care Act 2012: impact on adult social services

    After its torrid passage through Parliament, the Health and Social Care Bill received Royal Assent on 27 March 2012. The Act deals principally with healthcare reform, but it also contains some amendments to the legislative framework for social care. It will come into force on a day yet to be appointed by the Secretary of State.
    - 11KBW
  • Immigration update May 2012

    In this issue:
  • Premium service for tier 2 and 5 sponsors to be launched

    A premium service for sponsors will be launched by the UKBA on 6 April 2012. The service is designed specifically for companies that sponsor international employees under tier 2 and 5 of the points based system and aims to provide them with enhanced support.