The Legal 500

Axiom Advocates is a set specialising in commercial and public law. It is a pre-eminent set in Scotland in those areas. Unlike the traditional Scottish ‘stables’ of counsel, Axiom’s membership has been selected on merit.

The set: The set contains many of the most highly rated senior and junior counsel at the Scottish bar. Its members have consistently appeared in the leading cases in Scotland in recent years.

Axiom currently has 38 members, including 15 QCs. Its practice manager is Lesley Flynn, who is recognised as a leading individual in her field.

Axiom’s members practise in all the Scottish civil courts. They are also regularly instructed in tribunals, inquiries, arbitrations, adjudications and mediations. Both senior and junior counsel within the set are consistently instructed to appear in the Supreme Court, and have appeared before the European Court of Justice and the European Court of Human Rights. Recent leading cases and matters where members have acted include Supreme Court cases such as: Eba v Advocate General for Scotland [2011] UKSC 29 (scope of judicial review in Scotland); Scottish Widows plc v HMRC [2011] UKSC 32 (interpretation of tax legislation); AXA General Insurance Ltd v Lord Advocate [2011] UKSC 46 (challenge to the lawfulness of an Act of the Scottish Parliament); and Spread Trustee Company Ltd v Hutcheson [2011] UKPC 13 (trustees’ liability for gross negligence under law of Guernsey). Notable cases at the Scottish appellate court level included: G Hamilton (Tullochgribban Mains) Ltd v Highland Council [2011] CSIH 1 (planning approval challenge); The Scottish Lion Insurance Company Ltd v Goodrich Corporation [2011] CSIH 18 (disclosure issues in corporate schemes of arrangement); RM v Scottish Ministers [2011] CSIH 19 (judicial review in the context of mental health); Scottish Widows Services Ltd v Kershaw Mechanical Services Ltd [2011] CSIH 35 (collateral warranties in the construction context); G4S Cash Centres (UK) Ltd v Clydesdale Bank plc [2011] CSIH 48 (proper construction of long term commercial agreement); Uprichard v Scottish Ministers [2011] CSIH 59 (reasons challenge to approval of planning structure plan); Winding-Up Board of Landsbanki Islands HF [2011] CSIH 61 (cross border insolvency of EU credit institutions); McGeoch v The Lord President of the Council [2011] CSIH 67 (prisoners’ voting rights); Curran v Scottish Daily Record and Sunday Mail Ltd [2011] CSIH 86 (qualified privilege in defamation); Lloyds TSB Foundation for Scotland v Lloyds Banking Group plc [2011] CSIH 87 (proper construction of deed of covenant). Members of the set also acted in leading cases such as: Santander UK plc v Allied Surveyors Scotland plc [2011] CSOH 13 (prescription in lending cases); Verathon Medical (Canada) ULC v Aircraft Medical Ltd [2011] CSOH 19 (major patent infringement proceedings); Morgan Utilities Ltd v Scottish Water Solutions Ltd [2011] CSOH 112 (formation of commercial contracts); LAM v A Scottish Local Authority [2011] CSOH 113 (disclosure of documents where human rights objections made); Kivuwatt Ltd v Dane Associates Ltd [2011] CSOH 118 (dispute relating to power generation project in Rwanda); Schuh Ltd v Shhh Ltd [2011] CSOH 123 (alleged trade mark infringement and passing off); McMullen Group Holdings Ltd v Harwood [2011] CSOH 132 (breach of warranty in share purchase agreement); Wilmington Trust Company v Rolls Royce plc [2011] CSOH 151 (contractual liens); Farstad Supply AS v Enviroco Ltd [2011] CSOH 153 (proper rate of interest on damages); Frank Houlgate Investment Company Ltd v Biggart Baillie LLP [2011] CSOH 160 (scope of a solicitor’s duty of care in the context of fraud allegations).

Types of work undertaken: The set is pre-eminent in commercial law at the Scottish bar. The work undertaken encompasses almost all aspects of commerce and finance. In particular, Axiom offers specialists in commercial contracts, construction, corporate finance, energy, insolvency, intellectual property, media and entertainment, sports law, planning, property and professional negligence. In the public law, human rights and regulatory fields, the set has an unrivalled concentration of talent at the Scottish bar.