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Medical negligence: defender

Index of tables

  1. Medical negligence: defender
  2. Leading individuals

Leading individuals

  1. 1

Who Represents Who

Find out which law firms are representing which Medical negligence: defender clients in Scotland using The Legal 500's new comprehensive database of law firm/client relationships. Instantly search over 925,000 relationships, including over 83,000 Fortune 500, 46,000 FTSE350 and 13,000 DAX 30 relationships globally. Access is free for in-house lawyers, and by subscription for law firms. For more information, contact david.burgess@legal500.com.

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BTO Solicitors LLP is a ‘standout firm’ whose ‘highly capable lawyers’ attract praise for their ‘years of experience’. The team regularly acts for doctors, dentists and nurses in clinical negligence claims brought before the Court of Session and Sheriff Court, and in public inquires. Insurance companies also call on the practice to defend clinical negligence claims against their insured clients. The ‘excellentDouglas Jessiman jointly heads the team with the ‘superbLaura Donald; Donald’s track record includes acting for the Dental Defence Union (DDU) in all claims of negligent or defective treatment in Scotland raised against their members, while Jessiman defended a general dental practitioner against a compensation claim brought by a former patient before the Scotland Sheriff Personal Injury Court. The team also represented three doctors in the inquiry into the bin lorry crash in Glasgow city centre that killed six people in December 2014. Catherine Currie and Carly Forrest are also recommended.

Clyde & Co LLP’s ‘top-drawer’ team is singled out for its strength in acting for medical defence unions and medical product manufacturers. Other clients include insurers, commercial entities, private hospitals and individuals. With the arrival of senior associate Claire Raftery from BLM, the team broadened its regulatory capabilities alongside its pre-existing specialism in representing clients in fatal accident inquiries, inquests, and internal disciplinary and criminal proceedings. Duncan Batchelor acted for a consultant breast surgeon in a clinical negligence action alleging lack of informed consent and negligent reconstruction surgery, and represented a dentist facing charges of misconduct arising from making inappropriate comments to colleagues in disciplinary proceedings before the General Dental Council. Graeme Watson heads the team, which includes ‘very organised and thorough’ associate Isla Craig.

Brodies LLP’s ‘experienced and reliable’ team ‘provides sound advice’ to medical organisations, including hospitals, care homes, manufacturers of medical equipment and cosmetic and dental clinics, as well as individual medical professionals. The team, led by Elena Fry, has a particular specialism in handling ophthalmology, death in custody, aesthetic surgery and medical device implantation matters. It also has a track record of class actions, including pelvic mesh and metal-on-metal hip litigation. ‘Approachable and pragmatic’ casualty and insurance head Peter Demick is also recommended.


Medical negligence: pursuer

Index of tables

  1. Medical negligence: pursuer
  2. Leading individuals

Leading individuals

  1. 1

Who Represents Who

Find out which law firms are representing which Medical negligence: pursuer clients in Scotland using The Legal 500's new comprehensive database of law firm/client relationships. Instantly search over 925,000 relationships, including over 83,000 Fortune 500, 46,000 FTSE350 and 13,000 DAX 30 relationships globally. Access is free for in-house lawyers, and by subscription for law firms. For more information, contact david.burgess@legal500.com.

CLICK HERE TO VISIT THE WHO REPRESENTS WHO SITE

Working in conjunction with the firm’s healthcare team, Anderson Strathern handles a wide range of medical accident claims against clinical and dental practices. Catriona Watt represented a client in an obstetric medical negligence case while team head Robert Carr acted for a client in a damages claim following a misdiagnosis. Carr also represented a client in a fatal case stemming from a delay in diagnosing cancer. Senior associate Robbie Wilson, who joined the team from Drummond Miller LLP, is ‘always well prepared, great with clients and ready to go the extra mile’.

One of Scotland’s top medical negligence pursuer firms’, Balfour+Manson LLP handles the full range of medical negligence work, with particular expertise in high value and complex cases. David McIntosh, who is praised for his ‘attention to detail and excellent case preparation skills’, ‘achieves impressive results time and time again’. He acted for a mother whose daughter was injured during birth resulting in cerebral palsy, in a claim against the Lanarkshire Health Board. The ‘compassionate, highly focused and well-organisedAnn Logan is ‘always prepared to go that extra mile’ and is ‘very experienced’ in birth injury cases, while consultant Fred Tyler is known for his track record in cerebral palsy claims. ‘Thorough’ team head Elaine Motion, who attracts praise for her ‘measured and realistic advice, guidance and insights’, frequently handles cancer cases, with an emphasis on cases concerning breast cancer. The team also includes Iain Nicol, who joined the firm from Compensation Lawyers (Scotland) Ltd.

Among the leading firms in the field’, Digby Brown LLP handles a wide range of clinical negligence litigation matters, including birth injury claims. Team head Sue Grantstands out for her vast experience’ and ‘is wonderful with clients’. She represented a client in a case involving a birth injury resulting in cerebral palsy, and acted for another client in a liability case following an ophthalmological examination. Associate Trish McFadden, who specialises in Court of Session litigation, ‘is a real fighter’, while associate Ruth Kelliher is ‘always well prepared, having thought through the implications of every case very carefully’.

Drummond Miller LLP’s ‘specialist’ team handles a wide range of clinical negligence claims, including birth damage, missed diagnosis, and GP and nurse failures. It also represents clients in the Sheriff Court, the Court of Session and the Supreme Court. The ‘impressive’ Liesa Spiller heads the team, which includes the recently promoted Darren Deery, who is known for his expertise in catastrophic claims, including those involving birth damage.

Harper Macleod LLP’s ‘organised’ team ‘knows how to investigate claims’ and is well equipped to represent its private client base in fatal claims and catastrophic injuries cases. Other areas of expertise include dealing with birth injury cases stemming from obstetric negligence, misdiagnosis and surgical error, and medical negligence cases arising from a sporting context. The team represented a client in a failed cardiotocography case and acted for another client in a mental health case. Practice head Douglas Cowan joined Keoghs LLP.

Jackson Boyd LLP acts for legal expenses insurers and individuals in fatality compensation and catastrophic injury claims. Debbie Milne deals with a number of delay in diagnosis, misdiagnosis, premature hospital discharge and birth injury claims. She represented an individual in Court of Session proceedings involving allegations of failure to diagnose a fracture following an accident. Alan Macdonald heads the team.

Morton Fraser acts for legal expenses insurers and individuals in medical and dental negligence claims. The team’s caseload includes matters involving misdiagnosis, errors in surgical procedures, orthopaedic injury and elderly care cases. Team head Jenny Dickson represented an individual in an unexpected pregnancy claim following the negligent fitting of an intrauterine device. The team also acted for a claimant in a Court of Session action against the Lanarkshire Health Board, which arose from a negligent knee replacement operation. Due to the fitting of an incorrectly sized replacement joint, the claimant had to undergo several revision operations. The team also represented an individual in a claim against the Greater Glasgow Health Board for surgical mismanagement, systemic failure and failure to take informed consent. On the dental side, litigator David Hossack represented an individual in a claim against a dental surgeon, which arose from an extraction operation where a nerve root was left in situ and became infected, causing facial deformity and reduced jaw function.

Shoosmiths is experienced in representing individuals seeking redress for medical negligence from various health boards. Senior associate and team head Judy Williamson ‘provides a clear pathway with concise explanations that inspire confidence’. She frequently deals with misdiagnosis, delay of diagnosis and birth injury cases brought before the Sheriff Court and the Court of Session. Williamson represented an individual in a fatality compensation claim following the death of a family member due to the failure to issue a referral for specialist treatment.


Personal injury: defender

Index of tables

  1. Personal injury: defender
  2. Leading individuals
  3. Next generation lawyers

Leading individuals

  1. 1

Next generation lawyers

  1. 1
    • Jenny Dickson - Morton Fraser

Who Represents Who

Find out which law firms are representing which Personal injury: defender clients in Scotland using The Legal 500's new comprehensive database of law firm/client relationships. Instantly search over 925,000 relationships, including over 83,000 Fortune 500, 46,000 FTSE350 and 13,000 DAX 30 relationships globally. Access is free for in-house lawyers, and by subscription for law firms. For more information, contact david.burgess@legal500.com.

CLICK HERE TO VISIT THE WHO REPRESENTS WHO SITE

The ‘excellent and very approachable’ team at BLM is ‘a joy to deal with’ and is praised as ‘responding quickly and providing top-drawer advice’. Commended for its wide-ranging experience, the team handles the full spectrum of personal injury defence work and acts for a large number of major insurers. Areas of expertise include occupational illness and disease matters alongside catastrophic injury and motor claims. The ‘helpfulAndrew Gilmour, who’ knows his subject inside out’, defended Resolute Management in a high-value mesothelioma claim concerning asbestos exposure in the 1960s, and represented BAI Claims Services in a similar case where the pursuer claimed to have suffered from lung cancer resulting from asbestos exposure in the 1950s and 1960s. Edinburgh office head Ian Leach acted for a multinational pharmaceutical company in two pharmaceutical product liability cases where the pursuers had claimed significant health problems as a result of the use of this product. Head of the Glasgow office Louise Gallagher defended Aviva in several catastrophic injury claims. Rachel Rough is praised as ‘having first-rate knowledge and excellent communication skills’; she is recommended alongside the ‘experienced and wiseGillian Rushbury and senior partner David Taylor.

Brodies LLP is ‘a very good firm for insurer defence work involving complex loss claims’, and is praised for its ‘commercial awareness and knowledge of court procedures’. The ‘responsive’ team acts for P&I clubs, brokers, public bodies and self-insured businesses and has a niche in shipping and marine matters. ‘Knowledgeable and strategically adept’ shipping and maritime team head Duncan MacLean represented offshore engineering and construction company Technip in a claim raised by a seafarer injured at sea. ‘Thorough and knowledgeable’ casualty insurance team head Peter Demick acted for a Scottish housing association in its defence of a class action comprising more than 35 claims from tenants and former tenants, who alleged a variety of neurological and psychological symptoms from solvent contamination. He also defended a client in a product liability claim. ‘Extremely sharp and pragmatic’ head of the insurance and risk team Elena Fry has ‘very good negotiation skills and a commanding presence’. Aberdeen-based Malcolm Mackay is another key member of the team.

Clyde & Co LLP handles the full spectrum of personal injury work for insurers and private clients, who regularly retain the team to assist with catastrophic injury and large loss claims, disease and motor matters, and employers’ and public liability issues. Andrew Constable acted for Travelers Insurance Company in a product liability group action arising from allegations pertaining to the quality of silicon within breast implants, and assisted AXA Insurance with matters arising from a fatal road traffic accident. In an illustration of his handling of latent disease claims, Toni Ashby defended the insurance company RSA against claims, brought by a lecturer, of exposure to negligent quantities of asbestos dust. He claimed to have developed peritoneal mesothelioma in the aftermath of substantial renovations at the university. Vikki Melville successfully defended the bus services operator First Scotland East in Court of Session proceedings following the death of an elderly passenger. Calum Mathieson acted for an employer and its insurer Tokio Marine in an employment liability claim brought by an employee who suffered fatal injuries at the employer’s premises. Gordon Keyden and Gilles Graham jointly head the team. Consultant Alan Cowan left the firm.

BTO Solicitors LLP handles a wide spectrum of defendant personal injury work, and attracts praise for ‘putting the client first’ as well as ‘providing a first-class service in a timely manner’. The ‘knowledgeable, strategic and detailedCatherine Currie acted for Aspen Insurance in a health and safety case pertaining to the claimant’s work accident. The ‘outstandingGarry Ferguson, who ‘displays a good understanding of insurers’ needs and expectations’, handled multiple claims for an insurance client following the claimant’s tractor accident. Carly Forrest acted for Amlin Insurance in a Court of Session action. Stephen Bryceland heads the team, which includes Claire White, who was elevated to the partnership.

The ‘very competent and experienced’ team at DAC Beachcroft Scotland LLP handles high-value personal injury claims and attracts praise for ‘preparing and administering cases with distinction’. Acting for a large number of insurers and corporate clients, the practice is particularly experienced in dealing with catastrophic personal injury and industrial distress matters alongside loss claims. ‘Excellent and pragmatic’ regional senior partner John Maillie, who ‘inspires confidence in his clients with his knowledge and experience’, defended Alpha Insurance as the insurers of the taxi operator Knowles in a personal injury claim brought by an individual who was under the influence of alcohol when hit by a taxi in the client’s fleet. Head of casualty Andrew Ireland is praised as ‘having an eye for detail and a wealth of experience’. He acted for AXA Liabilities Managers as the insurer of a major Scottish landowner in the defence of a £250,000 harassment and bullying at work claim. ‘Experienced’ head of counter-fraud Claire Newcombe assisted Amlin Insurance with fraud investigations following an accident involving three cars. Associate Isla Taylor is ‘extremely clever, personable and thorough, leaving no stone unturned when preparing a case’. ‘Very experienced and calm’ dispute resolution head Campbell Normandhas good judgement’, and large loss expert Anne Logan is ‘exceptionally hard working and has great attention to detail’.

DWF’s ‘very responsive and proactive’ team handles the full spectrum of personal injury defence work, including motor, casualty, disease, catastrophic injury and fraud matters. New arrival and ‘excellent’ counter fraud head Jill Sinclair, who joined from Harper Macleod LLP, defended an insurance provider in road traffic liability matters, and assisted another client with the repudiation of two personal injury claims. ‘Highly experienced and very approachable’ general insurance head Andrew Lothian defended a client in an industrial disease claim and advised a different client on a construction-related fatality.

Burness Paull LLP’s ‘very good, responsive and commercially-minded’ team acts for corporates, public sector bodies and insurers and has a specialism in aviation disaster litigation and disease work. Advising on public and employer’s liability claims, including serious workplace accidents and building damages, is another key element of the practice. ‘Very client-centric and knowledgeable’ team head Ewan McIntyre defended hospitality company Whitbread in loss of society claims raised before the Court of Session following the fatality of a hotel guest. He also acted for housebuilding company Taylor Wimpey in a range of public and employers’ liability claims arising from workplace injuries and occupiers’ liability allegations. Similarly, the team represented construction company Kier Group in a number of employers’ and public liability cases, and SSE in a range of litigated and non-litigated employer’s liability claims pertaining to noise-induced hearing loss cases and industrial diseases such as asbestosis and mesothelioma. Other key figures include Aberdeen-based Rona Jamieson, who specialises in oil and gas sector matters, and ‘responsive and diligent’ senior solicitor Fiona Davidson, who is praised for ‘understanding her clients’ needs’.

CMS’s ‘robust’ team acts for a blue-chip energy and chemical sector client base on workplace accident, industrial disease and product liability matters. Team head Colin Hutton defended Imperial Chemical Industries against an asbestos claim at the Court of Session. ‘Very experienced’ senior associate Craig Watt, who ‘defends his clients forcefully’, assisted an energy client with matters arising from an employee’s injury at work following an explosion. Insurance company Chubb is another key client.

Harper Macleod LLP is particularly active in defending corporates and insurers against claims arising from road traffic and work accidents. It also has a strong profile in industrial disease and employers’ liability matters. The ‘realistic, pragmatic and determined’ Heather Calderwood is ‘an iron fist in a velvet glove and a pleasure to work with’, and is praised for her ‘phenomenal preparations and attention to detail’. She defended Saga against a number of loss of earnings and services claims. Suzanne McGarrigle handled multiple industrial disease claims. Elizabeth Mitchell heads the team, while counter fraud expert Jill Sinclair moved to DWF and Douglas Cowan joined Keoghs LLP.

Kennedys Scotlandunderstands the importance of a good client relationship’. Team head Rory Jackson (who ‘provides clear and concise advice’) defended an insurance company in multiple spinal injury claims and acted for an employer in a personal injury claim brought by an employee injured at an away-day event. He also acted for a client in a number of loss of society claims. Senior associate Clare Crawford assisted an insurer with employers’ liability issues.

Ledingham Chalmers LLP specialises in representing public bodies in fraudulent, catastrophic and fatal claims. The firm also acts for insurers. Sarah Morris represented a local authority in a stress-at-work claim brought by an employee and, in a separate matter, represented a different local authority in a fatal mesothelioma claim brought by the deceased’s widow. She also represented a public sector client in a Court of Session action raised by the family of a motorcyclist following his death in a road traffic accident. Litigation team head John Chalmers represented a local authority in a fatality compensation claim arising from a house fire, and acted for another public sector client in a public liability claim. Aberdeen-based Graeme Edward is also recommended.

The ‘very proficient’ team at Morton Fraser has a strong profile for representing public sector organisations as well as acting for private sector clients. Team head Jenny Dickson defended an employer in a post-traumatic stress disorder claim raised by an employee who allegedly had been trapped on a flat roof when a fire broke out. Similarly, the team defended a claim arising from a fatality in a mid-air collision. The claimant and widow of the deceased alleged to have developed post-traumatic stress disorder due to her status as a secondary victim as she was present in the Ops Room of the RAF base when reports of the accident came in. Dickson also advised Aberdeen Airport on actions raised by an employee, who sustained injuries while carrying out a technical role in the runway area, and assisted the Home Office with industrial disease claims raised by the widow of the deceased, who had allegedly suffered from asbestos exposure.

Weightmans LLP’s ‘clear and concise’ team has ‘excellent industry knowledge’. It acts for insurers in fatality compensation and motor claims, employers’ and public liability matters, as well as industrial disease litigation. The ‘extremely well-informed’ Pamela Stevenson ‘provides sound legal guidance and anticipates the pursuer’s next steps at all times’. She advised a client on a mesothelioma claim. In a separate matter, team head Douglas Keir represented a client in a fatality compensation claim arising from a road traffic accident. Seonaid Busby is another key member of the team.

Anderson Strathern acts for insurers, liability adjusters, public sector clients and other employers. Team head Jonathan Guy acted for the Scottish Prison Service in a claim arising from serious prisoner-on-prisoner assault, and advised the same client on a personal injury claim brought by a prisoner. The team also represented the client in a number of fatal accident inquiries pertaining to deaths in custody as a result of suicide, unintentional overdoses and natural causes. Senior associate Sarah Phillips is another key member of the team.


Personal injury: pursuer

Index of tables

  1. Personal injury: pursuer
  2. Leading individuals
  3. Next generation lawyers

Leading individuals

  1. 1

Next generation lawyers

  1. 1
    • David Bell - Irwin Mitchell Scotland

Who Represents Who

Find out which law firms are representing which Personal injury: pursuer clients in Scotland using The Legal 500's new comprehensive database of law firm/client relationships. Instantly search over 925,000 relationships, including over 83,000 Fortune 500, 46,000 FTSE350 and 13,000 DAX 30 relationships globally. Access is free for in-house lawyers, and by subscription for law firms. For more information, contact david.burgess@legal500.com.

CLICK HERE TO VISIT THE WHO REPRESENTS WHO SITE

The ‘excellent’ team at Digby Brown LLP is ‘always prepared’ and highly rated for its wealth of expertise in personal injury litigation, including foreign travel and catastrophic injury matters. Glasgow-based industrial disease claims head Fraser Simpson acted for a home carer, who was injured while at work during winter weather conditions, arguing that employees working in wintry conditions should be supplied with footwear to protect them against the risk of injury from slipping on ice. He also secured a win for a worker diagnosed with pleural plaques after being exposed to asbestos through his work. Ayr office head Damian White represented a female client after her partner had suffered a fatal accident at a local shipping company in East Ayrshire, while Kim Leslie represented a client who suffered an accident while on holiday. The ‘top-notchGordon Dalyell, who is ‘fantastic with clients’, secured a six-figure compensation award for a teacher left with lifetime chronic pain after an accident at a hotel. Other key members of the team are the ‘superbSimon Hammond, who ‘has a very comforting presence in any litigation’ and Moira Kay, who ‘goes that extra mile for clients’. ‘There is nothing about personal injury law thatGraeme Garrettdoes not know’. Lianda Barnes, Stuart Barton and Euan Love were all promoted to partner.

One of the leading firms in Scotland for personal injury work, Balfour+Manson LLPhas particular expertise in high-value and complex cases’. Key areas of expertise include catastrophic road accidents resulting in tetraplegia, severe head and brain injuries or death as well as fatal accident claims, particularly in the offshore oil and gas sector. David Short heads the team, which includes the ‘down-to-earth’ David McIntosh, who ‘achieves impressive results’ and is praised for his ‘great attention to detail and excellent client skills’. Iain Nicol joined the firm from now defunct Compensation Lawyers (Scotland) Ltd. Fred Tyler is now a consultant.

Irwin Mitchell Scotland is best known for handling serious injury and fatality compensation cases while also having notable experience in pursuing fatal asbestos disease claims. Associate and team head David Bell ‘deals with cases in a thorough and professional way and always keeps clients informed’. He is well versed in handling aviation claims and represented several family members of three RAF personnel who were killed in a mid-air collision over Moray, as well as the only survivor of the crash, who sustained severe physical injuries. He also acted for an individual who lost a family member in the Clutha Vaults Bar helicopter crash in Glasgow. Other recent work includes road traffic collision claims and fatal asbestos disease cases.

Thompsons Solicitors Scotland is reputed for its experience handling disease and asbestos-related claims, as well as having acknowledged strength in road traffic claims and matters involving serious and fatal injuries, including work-related issues. Glen Millar regularly represents clients in road accident claims while Aberdeen-based Chris Gordon has particular expertise in offshore and aviation accidents. In 2016, Gordon acted for the families in the Shetland helicopter accident. Patrick McGuire heads the team, which includes Andrew Henderson, who frequently handles serious and fatal injury claims, Laura Blane, who is experienced in handling lung disease and asbestos-related work, and Wendy Durie.

Anderson Strathern specialises in catastrophic injury cases where clients have been left brain injured, immobilised or in need of long-term care. Catriona Watt acted in an international maritime personal injury case, and assisted a healthcare sector employee with a personal injury claim following an accident at work. She also acted for an individual who suffered an injury while on holiday abroad. Firm chair Robert Carr is alsop recommended, as is ‘well-prepared’ senior associate Robbie Wilson, who joined the team from Drummond Miller LLP and is noted for his ‘great client skills’.

Jonathan Cornwell and David Armstrong joined Lindsays in February 2017 from Brodies LLP, bringing with them a team experienced in dealing with the full range of claims, from road traffic accidents to catastrophic personal injury matters. Cornwell acted for a client who sustained a catastrophic spinal injury from a leisure activity while Armstrong acted for a client in proceedings against his employer in assault-related issues.

Thorntons Law LLP’s team regularly assists clients with claims arising from work and road traffic accidents. Practice head Gordon McBean acted for an individual who sustained severe lower limb and pelvic injuries from an accident at work. He also assisted a client with claims pertaining to an accident when onboard a fishing vessel. Caroline Kelly represented a client who lost her leg as a result of being struck by a bus when crossing the road. Dispute resolution and claims department head Clare Macpherson handled an employers’ liability case arising from the client’s accident at work resulting in a serious hip fracture.

Fiona Moore heads Drummond Miller LLP’s litigation team, which deals with a wide range of personal injury work, including road traffic accidents, accidents at work, asbestosis and post-traumatic stress disorder matters as well as spinal and head injuries. The ‘impressive’ Liesa Spiller and Darren Deery are also recommended.

Harper Macleod LLPkeeps clients well informed at all times’ and ‘knows how to investigate claims and push them through to litigation’. The team ‘provides clear and effective advice’ on road traffic accident claims, alongside employers’ and public liability cases, asbestos-related disease and other industrial disease work. Elaine Russell represented five family members of an individual who died in May 2016 following a diagnosis of mesothelioma. She also acted for a client diagnosed with chronic obstructive pulmonary disease (COPD) as a result of silica sand exposure at the client’s workplace. Other key matters for the team included representing an individual who sustained several fractures from a road traffic accident. He also acted for a number of families affected by the Cyclospora outbreak in Mexico, which is testimony to the team’s expertise in dealing with foreign disease cases. Douglas Cowan moved to Keoghs LLP.

The ‘highly competent’ team at Lawford Kidd handles work accidents, road traffic and industrial disease claims, as well as public and occupiers’ liability matters, and criminal injury compensation claims. Consultant Val Roberts represented a forklift driver in a claim pertaining to a work accident arising from the use of a heavy machine, and acted for an individual, who was struck on the shoulder by a heavy scaffolding pole in course of the client’s employment offshore. Team head Derek Carrigan advised an individual on a claim following a road traffic accident in Inverness. ‘Very experienced’ consultant Derek Sandison acted for a claimant, who was struck on the shoulder by a passing car.

Employers’ and public liability matters, as well as road traffic cases, form the bulk of Morton Fraser’s personal injury work. Team head Jenny Dickson advised a pursuer who was injured while working with a brick forming machine, and represented another individual injured by defective machinery. Litigator David Hossack advised a cyclist injured in an accident with a negligent motorist. Dickson acted for the claimant in a damages claim following a road traffic accident.

Slater and Gordon is experienced in pursuing high-value personal injury claims in the Court of Session and Sheriff Court. Stuart Cochran heads the team, which frequently deals with industrial accident and road traffic claims, employer’s liability matters, fatal claims and asbestos cases. Cochran represented an individual in Court of Session proceedings following the client’s serious injury sustained in a road traffic accident in Spain. He also acted in a claim against a client’s employer concerning a work accident abroad.


Professional negligence

Index of tables

  1. Professional negligence
  2. Leading individuals

Who Represents Who

Find out which law firms are representing which Professional negligence clients in Scotland using The Legal 500's new comprehensive database of law firm/client relationships. Instantly search over 925,000 relationships, including over 83,000 Fortune 500, 46,000 FTSE350 and 13,000 DAX 30 relationships globally. Access is free for in-house lawyers, and by subscription for law firms. For more information, contact david.burgess@legal500.com.

CLICK HERE TO VISIT THE WHO REPRESENTS WHO SITE

The ‘knowledgeable and diligent’ team at BTO Solicitors LLP attracts praise for its ‘tactical skill when aiming to achieve an economic settlement at a pre-litigation stage’. With a focus on defence work, the practice frequently acts for professional indemnity and D&O insurers covering a broad range of professionals, including advocates, accountants, architects and engineers. Alan Eadie, who jointly heads the team with Ashley Mawby, acted for the professional indemnity insurers of a firm of solicitors in a $210m action brought by the principal shareholder of an oil service company pertaining to a private equity investment. The claimant alleged that the solicitors acted for both sides in the investment and used another firm to act for the investor in negotiations in order to cover its involvement. Derek Allan retired.

Brodies LLP’s ‘performance-driven’ team is reputed for its defendant and claimant work and stands out for its construction and infrastructure-based professional negligence expertise. oil and gas matters and work related to the fishing sector forms another key element of the practice. Alisdair Matheson defended a professional indemnity insurer in a claim brought by a contractor pertaining to alleged construction delays. In a separate matter, team head Alan Calvert acted for a firm of solicitors and its professional indemnity insurers in a claim arising from the drafting of notices to quit pertaining to agricultural tenancies, which were held to be invalid by the Land Court.

Clyde & Co LLPunderstands the insurance industry and intuitively knows what is required’. With defence work at its core, the ‘experienced’ team acts for the full range of professionals and also handles professional disciplinary work. ‘Top-notch’ team head Gavin Henderson represented a firm of consulting engineers in a multi-party dispute in the Court of Session. Charles McGregor defended architectural designer Halliday Fraser Munro and its professional indemnity insurers against design flaw claims raised by construction company Stewart Milne Westhill. This pertained to a large-scale construction project for a new office, workshop and leisure building in Aberdeen, which experienced widespread flood damage shortly after being occupied. The ‘well-organisedAnne Kentishprovides clear and useful comments and analysis’. Also recommended are Peter Anderson, Graeme Watson and legal director Victoria Arnott, who has ‘impeccable attention for detail and a very good tactical feel for a case’.

The ‘highly skilled and experienced’ team at Burness Paull LLP specialises in pursuing professional negligence claims for corporate clients and pension schemes against advisers and construction professionals. Alan McMillan acted for the trustees of the Elliot of Harwood Trust in proceedings against a law firm for damages arising from professional negligence. Other clients include Highlands and Islands Airports and the Financial Services Compensation Scheme. Ewan McIntyre heads the team, which includes the ‘extremely knowledgeable and experienced’ Chris MacKay, whose ‘strategic skills can assist the client in obtaining the best solution to meet specific goals’.

CMS’s ‘very good’ team has a strong professional indemnity insurer client base but also acts for solicitors, accountants, and financial services and trust fund professionals. Architects, engineers and surveyors appreciate the team’s expertise in dealing with construction and property sector-related claims. Harriet Munro, who ‘has good links to London insurers’ and heads the team with Graeme MacLeod, defended a number of public relations marketing consultants and their professional indemnity insurers against a loss of profit claim. MacLeod defended a firm of charted building services engineers and its insurers against a high-value professional negligence claim pertaining to the development of a property. He also defended a law firm and its insurers against claims of providing negligent advice on a transaction.

Working in conjunction with the firm’s insurance team, DWF’s ‘determined and responsive’ team ‘provides good value for money’ and has a specialism in insurance sector work, defending architects, surveyors, engineers, solicitors and their indemnity insurers in property and construction-related disputes. The ‘very experienced, pragmatic and approachableAlison Grant heads the team, which includes recommended senior associate Lindsay Ogunyemi.

Shepherd and Wedderburn acts for defenders and pursuers across a wide range of sectors. The team defended the global engineering consultancy company Atkins against professional negligence claims arising from the multimillion-pound contract for the refurbishment of office premises in Glasgow and defects on the building that have been identified following its completion. The team also represented consulting firm Mercer against alleged professional negligence claims for the failure to equalise pension schemes in the 1990s. On the claimant side, Elaine Brailsford acted for UK Asset Resolution in a series of professional negligence claims against a firm of solicitors with regards to a number of buy-to-let mortgages arranged before the 2008 financial crash and a potential breach of contract. Practice head Alastair Frood, who specialises in financial services, is also recommended.

Addleshaw Goddard, which merged with HBJ Gateley in June 2017, has a team that regularly acts for financial institutions, businesses and individuals as pursuers in professional negligence claims against solicitors, surveyors and contractors, arising from construction, property and commercial disputes. Gordon Steele is a key member of the team headed by Simon Catto. Litigator Joan Devine joined from Anderson Strathern. The team’s client roster includes the Royal Bank of Scotland, Clydesdale Bank and Dunfermline Building Society.

BLM acts for a wide range of insurers, underwriters, corporate clients and professionals. The team has particular expertise in representing surveyors, solicitors, construction and financial services professionals in claims alleging defective representation in criminal and civil cases, negligent valuations and auditing, as well as claims arising from construction disputes. Team head Grant MacLeanhas good attention to detail’. David Taylor is also recommended.

Pursuers of professional negligence claims often instruct Balfour+Manson LLP to act in claims against solicitors and architects, among other professionals. ‘Shrewd operator’ David Flint heads the team, which demonstrates particular expertise in handling claims arising from property-related disputes and ‘provides good results’. ‘Tenacious and skilled litigator’ Iain Nicol ‘shows good judgement’ and joined the firm from now defunct Compensation Lawyers (Scotland) Ltd.

Harper Macleod LLP’s ‘highly pragmatic and flexible’ team frequently acts for claimants pursuing professional negligence claims against banking and financial services, accountancy, surveyor, legal, architectural, construction and healthcare professionals. The team acted for pursuers in Sheriff Court proceedings against the client’s architects, claiming negligence in the preparation of drawings and specifications of materials, which led to the prolongation of the renovation of listed buildings in Kilsyth. John McHugh acted for a property developer in professional negligence claims against a construction contract administrator. Rod McKenzie heads the team, which includes the recommended Sandy Hastie.

Maclay Murray & Spens LLP is ‘able to take on cases on short notice’ and has substantial expertise in defending solicitors and advocates. The ‘diligent’ team also pursues claims against other professionals such as accountants, tax advisers, surveyors and valuers. ‘Reassuring’ team head Tim Edward is ‘very good with clients’ and defended French medical product manufacturer Cousin Biotech and its lawyers Bernard-Hertz-Béjot against eight actions in the Court of Session arising from the provision of allegedly defective mesh products and alleged negligent advice on their use. He also pursued a claim for two individuals against accountancy firm McLay McAllister arising from alleged negligent tax advice. ‘Professional’ associate Bruce McCombie is recommended.

TLT is best known for its work in the financial services sector and regularly pursues professional negligence claims, which often involve fraud issues against solicitors, surveyors, accountants and other professionals. Other clients include property and development companies alongside other SMEs. Team head John Paul Sheridan acted for a high street bank in a claim against a surveyor for negligent mortgage valuations.


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The latest news direct from law firms. If you would like to submit press releases for your firm, send an email request to