The Legal 500

Brodies LLP

15 ATHOLL CRESCENT, EDINBURGH, EH3 8HA
Tel:
Work 0131 228 3777
Fax:
Fax 0131 228 3878
Web:
www.brodies.com
Email:
Edinburgh, Glasgow

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

Corporate and commercial

Within Corporate and commercial - Edinburgh and Glasgow, tier 4

Brodies LLP has a large corporate team led by Charles Smith, and advised Omega Diagnostics on its £6.7m reverse takeover of Genesis Diagnostics, and Arnold Clark Automobiles on its acquisition of Patterson Motor Group. One clients notes that Alistair Campbell provided ‘ first-class advice that both saved and made me a lot of money’.

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

Brodies LLP offers corporate and employment tax advice, while the firm’s leading real estate practice is reflected in considerable strength in property tax and SDLT. Alan Barr leads the team which was recently joined by Isobel d'Inverno from MacRoberts LLP.

Within EU and competition, Brodies LLP is a third tier firm,

Offering ‘ deep knowledge of EC procurement issues’, Brodies LLP acts for a number of Scottish councils including Clackmannanshire, Shetland Islands, Aberdeen and Argyll & Bute. Team head Rodger Murray can ‘ present advice on complex issues in a user-friendly format’ and is ‘ willing to respond rapidly to client demand’. Public law specialist Christine O’Neill is also recommended.

Crime, fraud and licensing

Within Licensing, Brodies LLP is a third tier firm,

Brodies LLP continues to advise La Tasca and Pizza Hut, and has recently been appointed to advise The Gambling Commission. Joyce Cullen heads the team, and clients commend Kevin McGlone for his ‘ proactive approach’.

Dispute resolution

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

Joyce Cullen leads Brodies LLP’s highly regarded commercial litigation practice, one of the firm’s core areas. The ‘ first-class’ team acted in 33 cases in the Court of Session in 2007, representing Commonwealth Oil and Gas in a breach of fiduciary duties claim against a former director, and successfully defending the Scottish Information Commissioner in appeals against three decisions of the SIC. The ‘ very thoroughRobin Macpherson heads the corporate litigation team. The ‘ level of partner input makes them really stand out’.

Within Debt recovery

Finance

Within Banking and finance, Brodies LLP is a third tier firm,

2007 saw Brodies LLP significantly bolster its practice, hiring Morton Fraser partner and former Lloyds TSB assistant head of legal Jeremy Fraser, and real estate finance specialist Peter Kelly from DLA Piper Scotland LLP. Bruce Stephen’s team acted on 450 deals in 2007, with the value of the ten largest totalling £3.8bn; advising ICICI Bank on a £325m facility to fund United Spirits’ £595m acquisition of Whyte & Mackay was a notable highlight. Derek Arnott and Jeremy Fraser combine ‘ deep knowledge’ with a ‘ solid understanding of clients’ requirements’, and ‘ explain matters in simple and understandable terms’. Acquisition finance expert Alan Knowles is also recommended.

Within Banking and finance, Brodies LLP is a third tier firm,

Although DLA Piper Scotland LLP saw the departure of real estate finance expert Peter Kelly to Brodies LLP, it remains a strong contender in acquisition finance. ‘ Efficient, commercial and easy to get on with’ practice head John Maciver- who also heads the firm’s projects team - draws plaudits for his ability to ‘ communicate without too much “legal speak”’.

Within Insolvency and corporate recovery, Brodies LLP is a third tier firm,

There has been a significant change in Brodies LLP’s insolvency and corporate recovery team, with DLA Piper Scotland LLP’s ‘ well-respected and technically gifted’ restructuring head Colin McIntosh now leading following his move in January 2008. Robin Macpherson, who ‘ handles challenging transactions with an excellent business manner’, heads the contentious insolvency practice, while corporate partner Iain Young is ‘ experienced, robust and not easily intimidated’. The ‘ well-connected’ firm primarily acts for insolvency practitioners, but also advises the Scottish clearing banks.

Within Insolvency and corporate recovery, Brodies LLP is a third tier firm,

DLA Piper Scotland LLP saw the loss of its two insolvency partners, with Gordon Hollerin departing for Semple Fraser LLP and Colin McIntosh joining Brodies LLP.

Human resources

Within Employment, Brodies LLP is a first tier firm,

Brodies LLP handled some 200 Employment Tribunal claims in 2007, along with cases in the Court of Appeal and Court of Session. The team dealt with the highly publicised departure of a plc executive, garnering a payout of £1.5m. Practice head Joan Cradden is ‘ outstanding, smart, decisive, supportive and focused’, and Tony Hadden and Emma Bell are also glowingly recommended.

Within Pensions

Insurance

Within Medical negligence - pursuer, Brodies LLP is a first tier firm,

Brodies LLP successfully acted against the NHS in the first UK case concerning the use of recovered memory therapy, a case laden with implications for psychotherapy work. Headed by Brian Lavelle, the team regularly handles Court of Session claims.

Within Personal injury - defender, Brodies LLP is a second tier firm,

Brodies LLP’s work for the Scottish Prison Service involves some unique and complex issues, including control and restraint injuries, stress claims and psychiatric cases. Duncan Maclean heads a growing and ambitious team.

Within Personal injury - pursuer, Brodies LLP is a first tier firm,

Clients note that Brodies LLP’s ‘ attention to detail is impressive’, and recommend David Armstrong’s team for its ‘ excellent response time’. The team secured a £1.75m settlement for a brain-injured client struck in the face by a piece of metal.

Within Professional negligence, Brodies LLP is a second tier firm,

Brodies LLP’s Alan Calvert is ‘ able to obtain the client’s trust very quickly’, and heads a team which ‘ goes out of its way to look for methods to resolve disputes’. The 19-strong group represents insurers, brokers, construction professionals, solicitors, accountants and actuaries.

Private client

Within Agriculture and estates, Brodies LLP is a third tier firm,

Brodies LLP is acting on three of the four railway projects currently underway in Scotland, including providing advice on the land and rights required for the Stirling-Alloa-Kincardine railway. The team currently acts for more than 35 significant estates businesses in Scotland, and its ‘ strategic negotiation advice is particularly objective and helpful’. Hew Dalrymple heads the team.

Within Charities, tier 4

Brodies LLP acts for Young Scot Enterprise, advising on commercial contracts, IP and employment law issues.

Within Family, Brodies LLP is a second tier firm,

Brodies LLP offers advice on wealth preservation and the structuring of assets in numerous markets. One client notes its ‘ ability to take quite complex issues and simplify them’. Scott Cochrane is ‘ timely and responsive’.

Within Personal tax, trusts and executries, Brodies LLP is a second tier firm,

John Campbell has been appointed as Brodies LLP’s director of private client services. The team, noted as ‘ always exceeding expectations’, acts for major high street banks, as well as a wealth of young entrepreneurs. Hugh Stevens is a well-regarded personal tax specialist.

Projects, energy and natural resources

Within Energy

Within Projects, Brodies LLP is a third tier firm,

Clients are effusive in their praise of Brodies LLP’s PFI head Keith Patterson, who is ‘ calm under pressure’ and combines ‘ buckets of experience’ with an ‘ amazing ability to absorb voluminous documentation and quickly determine the salient points’. The practice spans health, environment, energy, transport and local authority work, with recent highlights including advice to NHS Forth Valley on the Clackmannanshire Community Hospital PPP, and Veolia Water on its acquisition of five Scottish and Northern Irish PPP contracts in the water sector. The team is also developing secondary markets and regulated industries practices, while its experience in NPD work led to an instruction by the Scottish Government Health Department to amend the standard PFI/PPP contract to be compatible with the NPD model.

Public sector

Within Education, Brodies LLP is a third tier firm,

Brodies LLP now advises Edinburgh’s Telford College and APUC, and has seen a rise in advisory work for Queen Margaret University. It advises on governance, funding and employment issues, and a rise in HR challenges has led to more instructions concerning student complaints and appeals. Department head Brenda Scott offers tremendous experience.

Within Health, Brodies LLP is a second tier firm,

Brodies LLP- noted for its ‘ willingness to accept new challenges’ - advised NHS Tayside on the negotiation of a £15m partnership contract with Amicus Healthcare (Scotland) and General Healthcare Mixer Partnership. NHS24 and University of Pittsburgh Medical Centre are also clients.

Within Local government, Brodies LLP is a first tier firm,

Brodies LLP has made several strategic hires over the past year, including Jackie McGuire, who is now director of the public sector services group. Areas of focus include procurement advice, and one client notes that ‘ the team is familiar with esoteric aspects of local authority property law which some other major firms tend not to be aware of’.

Within Parliamentary, Brodies LLP is a third tier firm,

Brodies LLP’s Christine O’Neil is noted for her ‘ pro-active and commercial approach’, and led a team advising on legislative options for the new Forth Crossing.

Real estate

Within Commercial property - Edinburgh and Glasgow, Brodies LLP is a first tier firm,

Brodies LLP’s 18-partner team, headed by Denis Garrity, has a strong Scottish focus. It acted for Propinvest on its £400m purchase of East Kilbride Town Centre. Clients praise the team’s ‘ diligent’ approach and appreciate partners’ understanding of business needs. New clients include Aldi and AIG, and the firm continues to act for Keir Homes and Aberdeen City Council.

Within Construction, tier 4

Brodies LLP has a growing focus on urban regeneration, advising on projects such as Macdonald Estates’ regeneration of Stenhousemuir town centre. Public sector instructions remain on the increase, and the team is advising on the redevelopment of Marischal College. New client wins include ERDC Group and Keyhaven. Mark Finlay heads the construction group, and Alan Calvert has significant experience in contentious matters.

Within Environment, Brodies LLP is a second tier firm,

At Brodies LLP, accredited specialist Professor Kenneth Ross contributes over 20 years’ environmental law experience; his service is ‘ thorough and of a high standard’. The firm has advised North Lanarkshire Council and Renfrewshire Council on contaminated land issues, and also advised Aberdeen City Council on a long-term waste management services contract. Charles Smith heads the practice.

Within Planning, Brodies LLP is a first tier firm,

Offering an ‘ exceptional’ service, Brodies LLP this year acted for Redrow Homes in relation to a new ‘town’ proposed for the former Royal Ordnance Factory at Bishopton. The team was also involved in over 50 public inquiries, acting for Aberdeen, Midlothian and Lanarkshire Councils. Team head Neil Collaris an exceptional ambassador for the client’; the team’s ‘ legal advice and witness preparation was excellent and the involvement of an external “cool head” at times was invaluable’.

Within Property litigation, Brodies LLP is a second tier firm,

Led by Robin Macpherson, Brodies LLP has been acting in the appeal of Simmers v Innes to the House of Lords. New client wins include Propinvest and Kookai.

Scotland Overview

Within Regional review,

While the Big Four’s growth is increasingly centred around their burgeoning London offices, two of Scotland’s most upwardly mobile firms – Brodies LLP and Burness LLP– have openly eschewed the City in order to remain focused on their home markets. Brodies LLP saw turnover leap by some 43% last year, thanks in part to its Glasgow launch through the acquisition of Bishops Solicitors, while Burness LLP doubled the size of its Glasgow office in 2007. The presence of both in a growing number of top tiers demonstrates their progress.

TMT (technology, media and telecoms)

Within Information technology and intellectual property, Brodies LLP is a second tier firm,

Brodies LLP has a competitive edge in information law, particularly in data protection and freedom of information. Two new partners have joined the team this year - Douglas Mathie from Dundas & Wilson CS LLP, and Andrew Rigby from Addleshaw Goddard, providing a boost to the team’s financial sector presence. New clients include Bigmouthmedia and Response Genetics.

Within Sport

Transport

Within Transport, Brodies LLP is a first tier firm,

Brodies LLP leads the market for rail work, and continues to strengthen its shipping and aviation offering; asset finance specialists Alexia Henriksen and Jeremy Fraser regularly advise on helicopter and aircraft financing. It acts for clients such as Seahold Marine Equity on building contracts and investment opportunities, while contentious work includes acting for a Chinese cargo owner in several disputes. ‘Service is good and costs are not over-inflated'.


Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Harmonising Anti-Circumvention Protection with Copyright Law

    Technological measures are increasingly used by rightholders in order to protect their intellectual property rights in digital content. The effect of such measures is to restrict the access to and the use of digital content, by associating pre-defined and self-executing usage rules with it. Within an increasing number of legislations, technological measures enjoy legal protection against circumvention. However, these new rules have been subject to rather severe criticism, especially from a copyright law point of view, the general claim being that anti-circumvention protection threatens to ruin the delicate balance of interests cast in the provisions of copyright law.
    - Kluge Advokatfirma DA
  • How to stop fraud before it happens

    Stopping fraud before it happens is the ultimate goal of a successful fraud prevention and awareness programme. Whilst it is important that fraud prevention controls are robust and are methodically implemented, too often companies fail to recognize that it is the perception of the likelihood of detection and sanction which discourages a person from perpetrating fraud, rather than the actual effectiveness of the internal controls and anti-fraud measures.
    - Bowman Gilfillan
  • Consumer Protection Act and leases

    The Consumer Protection Act 2008 (“ the Act ”) was assented to on 24 April 2009 and is to come into operation incrementally with the majority of the provisions coming into effect 18 months after the date on which the Act was signed by the President.   Accordingly the majority of the provisions of the Act will come into operation on 24 October 2010.
    - Bowman Gilfillan
  • The impact of competition law changes/developments on M&A activity

    The Impact of Competition Law changes/developments (including the practices and policies of the Commission/Tribunal) on M&A activity - with a specific focus on 2008 and also forward looking taking into account expected legislative changes. If possible mention actual company names/cases wherever possible to make it have real life application
    - Bowman Gilfillan
  • Contributed tax capital: simplicity at last!

    By now, many will have heard something about c ontributed tax capital (CTC). A year or so hence, the concept will form part of the South African tax terrain – to the relief of tax practitioners who have had to trawl through the Income Tax Act’s (“the Act”) three-to-four page long definition of a dividend . I certainly heaved a sigh of relief when I read the Revenue Laws Amendment Bill of 2008 (“Bill”). 
    - Bowman Gilfillan
  • The Consumer Protection Bill – Changing the Face of Litigation and ‎Dispute Resolution

    The Consumer Protection Bill is the Department of Trade and Industry’s omnibus consumer protection legislation which has been passed by Parliament and is currently awaiting the President’s signature.
    - Bowman Gilfillan
  • Deliberate manipulation of securities prices will invariably and inevitably be harshly ‎penalised

    Deliberate manipulation of securities prices will be harshly penalised. That’s the clear message to emerge from the 17 February 2009 Financial Services Appeal Board   case of Michael Berman vs the Financial Services Board .
    - Bowman Gilfillan
  • Unconstitutionality of the Competition Amendment Bill By Andrew Smith and Emmylou ‎Wewege

    It is hoped that the President will refer the Competition Amendment Bill to the Constitutional Court rather than sign it into to law so as to resolve its unconstitutionality and avoid unnecessary litigation. Failure to do so will spark constitutional challenges which will prevent it from being implemented while that litigation unfolds.
    - Bowman Gilfillan
  • New Laws in the Pipe Line to Decisively Respond to the Challenge ‎of Climate Change

    New laws may be in the pipeline in South Africa to address climate change after the South African Finance Minister’s (“the Minister”) Budget speech o n 11 February 2009. In the 2009 Budget speech, the Minister announced specific additional measures which South Africa will implement in responding to climate change.
    - Bowman Gilfillan
  • Big business beware – the class and derivative actions are coming!‎ by Carl Stein

    The trend over the past decade in the USA , and more recently in the UK after the enactment of its new Companies Act in 2006, towards more aggressive shareholder activism seems likely to be followed in South Africa once our new Companies Act becomes operative.   This new Act is only awaiting the State President’s signature in order to become law, although it will only come into operation at least one year after the State President does so.
    - Bowman Gilfillan