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Brodies LLP

Work 0131 228 3777
Fax 0131 228 3878

Duncan MacLean

Work 0131 656 0152
Brodies LLP

Work Department

Shipping and transport/commercial dispute resolution.


Lead partner in the team with over 25 years of experience and is involved in both transactional  work and high-value and complex litigation in the Court of Session and Sheriff Courts. Has practiced in the shipping and transport sector for over 20 years and is recognised as one of the country’s leading experts in this area. Work includes commercial and insurance litigation, contractual advisory work and transactional support. Has been involved in advising key clients in the recent resurgence of Scottish shipbuilding, and much of the significant shipping litigation in Scotland in recent years, arising from representing P&l clubs and other underwriters, leading shipping firms and specialist fishing vessel insurers. Leads the team involved in wide range across the shipping sector – merchant, offshore oil and gas, ferries, marine renewables, fishing and leisure, including ship building, charterparties, arrest, salvage, collision, on-site investigations, personal injury, prosecutions, property damage, cargo claims, and road haulage claims.


Trained Guild & Guild, Edinburgh; qualified 1988; solicitor then senior solicitor Brodies LLP 1989-94; associate 1994 then partner HBJ 1996; partner Brodies LLP 2004. Writer to the Signet.


Law Society of Scotland; British Maritime Law Association; UK Chamber of Shipping; Forum of Insurance Lawyers.


Achtercairn Secondary School, Gairloch; Dingwall Academy; Edinburgh University (1986 LLB; 1987 Dip LP).


Family, sports, the outdoors, church, and social action.

Scotland: Real estate


Within: Environment

Brodies LLP's environmental law offering adds an important dimension to the firm's advice on corporate and real estate transactions, and energy and infrastructure projects, among other matters. In addition to providing transactional and project support, members of its team provide standalone advice on the full range of environmental law issues. Philip Hunter, who heads up the practice (and is also a real estate partner), is leading a team, which is advising Clyde Gateway Developments Limited on the Shawfield Phase Two redevelopment project as part of the redevelopment of the Clyde Gateway area; the project covers an area of land where large swathes have a legacy of environmental contamination, owing to previous use as a chemical works. Duncan MacLean and Hunter advised Lerwick Port Authority (LPA) on environmental and consenting issues associated with the arrival of the semi-submersible Buchan Alpha at LPA's newly-extended deep-water quay at Dales Voe decommissioning facility for decommissioning. Sarah-Jane McArthur and others are acting for Indaver NV as the proposed operating subcontractor for one of the bidding consortia of a waste management project in the north east of Scotland. Paul Marshall assists clients with regulatory compliance, and on the contentious side, he also handles environmental prosecutions and enforcement actions. Associate Niall McLean, who is a solicitor advocate with extended rights of audience at the Court of Session, is active in environmental litigation. Neil Collar, who heads up the planning practice, is another name to note. Associate Ewen Cairns recently joined from the Higher Education Funding Council for England.

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Legal Developments by:
Brodies LLP

  • Scottish planning obligations: modification and discharge ‚Äď the story so far‚Ä©

    Planning obligations 1 (formerly agreements), which restrict or regulate the use or development of land, perform a crucial function within the planning system. In Scotland in particular, where the community infrastructure levy has not been adopted, the planning obligation continues to be the primary mechanism for the delivery of much needed local and regional infrastructure through developer contributions, often involving very significant sums. ‚Ä©
    - Brodies LLP

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