Hall Of Fame

Professional negligence in Scotland

Brodies LLP

Described as ‘simply the best’, Brodies LLP‘s professional negligence offering runs the full gamut of contentious insurance matters where the team acts for an impressive client roster, including individual, corporate and insurer clients across a range of sectors. Head of practice Alan Calvert specialises in construction and commercial disputes with considerable expertise in claims against engineers, surveyors and construction industry contractors. Alisdair Matheson is an accredited professional negligence specialist and frequently acts for insurers. The team is supported by a strong group of associates, including Edward Grundy, Stephanie Barratt and James Jerman. Louise Kelso left the firm for an in-house role at the University of Edinburgh in July 2023.

Practice head(s):

Alan Calvert


Other key lawyers:

Alisdair Matheson; Stephanie Barratt; James Jerman; Edward Grundy: Laura Fell


Testimonials

‘Alisdair Matheson is great to work with and quickly gets to grips with the issues in construction disputes and demonstrates sound judgement. Alisdair is clearly passionate at delivering the best result for his clients. Stephanie Barratt maintains a high standard.’

‘The team members we have dealt with are all approachable, communicative and commercially minded. Their work is of high quality and represents excellent value for money.’

‘Alan Calvert is always personally accessible, responsive and visibly involved in cases. Edward Grundy and James Jerman are both easy to work with, knowledgeable and proactive.’

‘My dealings have been with partner Alan Calvert and associate Edward Grundy, who have both been knowledgeable and helpful.’

‘Quite simply the best litigation team to work with. Very collaborative, nimble and pragmatic. They are (re)solution providers at every turn.’

‘Alan Calvert is a consummate professional.’

‘Brodies’ team is attentive, extremely knowledgeable and always available when needed. They have plainly worked hard on every aspect of my case, and it is clear to me that no stone has or will be left unturned.’

‘Alan Calvert’s depth of experience and obvious expertise has put me very much at ease.’

Key clients

RSA


Aviva


Nexus Claims Management Services Limited


Zurich


MS Amlin


XL Axa


Allianz


Arch


Aspen Insurance UK Ltd


Axis


Channel Underwriting


CGPA Europe SA


Omny LLP


Arch Insurance Company


Abertay University


Work highlights


  • Acting for Abertay University on a high-profile claim brought by a former student.

Clyde & Co

Clyde & Co fields a ‘first-class’ professional negligence practice that handles the full range of professional indemnity claims, including high-value and complex mandates. The defender-focused group is led by the highly rated Anne Kentish, who has extensive experience defending claims against legal professionals. Also in the core team is Sarah Crewes, whose practice is focused on the defence of claims against construction and financial professionals. Legal director Colette Finnieston acts for surveyors and clients in the financial services sector. David Taylor left the team in 2022 following his appointment by the Scottish Judicial Office as Sheriff in the Glasgow Sheriff Court.

Practice head(s):

Anne Kentish


Other key lawyers:

Sarah Crewes; Colette Finnieston


Testimonials

‘The team at Clyde & Co has a real depth of experience. They have consistently been involved in many of the biggest, most complex and high-profile cases over a number of years and have secured great results for their clients. Experience counts and they have it in spades.’

‘Sarah Crewes is tenacious and ruthless in her defence of her clients. She never gives up.’

‘Anne Kentish is a leader in the field.’

Work highlights


Harper Macleod LLP

Embedded in the firm’s overall dispute resolution offering, the professional negligence practice at Harper Macleod LLP has a strong track record pursuing claims against financial services, accountancy and legal professionals. The team is also regularly instructed to act against insurers. The ‘outstanding team’ is jointly led by Sandy Hastie and David Kerr, and includes John McHugh and Laura McCorquodale; McHugh and McCorquodale are frequently instructed to assist with high-value, complex matters across the construction sector. Also in the core team are litigators Andrew MacKenzie and E-Ming Fong as well as associate Adam de Ste Croix.

Practice head(s):

Sandy Hastie; David Kerr


Other key lawyers:

John McHugh; E-Ming Fong; Adam De Ste Croix; Andrew MacKenzie; Laura McCorquodale


Testimonials

‘Harper Macleod is a market leader in professional negligence matters. They have vast experience in such disputes. Their strength lies in their versatility – they act for individuals, companies, insurance companies and large multinationals on both sides of the disputes. The sheer breadth of their practice gives them an advantage over other firms that specialise in, for example, pursuer or defender work.’

‘Andrew MacKenzie has good technical knowledge and is very active in this field. He appears in many of his own cases, and also instructs counsel. Laura McCorquodale is a standout. She is great to work with – very friendly, approachable and great at communication. She is also highly intelligent and experienced in this field of law.’

‘An outstanding team.’

‘Sandy Hastie must be amongst the best lawyers in the country. David Kerr is a highly capable individual. I’d instruct him in a heartbeat; he just gets it. John McHugh is very clever and has considerable experience of professional negligence claims. E-Ming Fong is a tenacious litigator with finely tuned commercial instincts.’

‘Harper Macleod is a firm that works with the client and for the client. Gets to grips with a situation very quickly, great strategic thinking and impeccable attention to detail.’

‘Adam De Ste Croix is particularly rigorous in identifying the facts and researching the legal position that pertains. He is keen to identify the truth and to identify the waypoints and circumstances that have led to a negligent outcome. In some cases, it has taken detailed searches, patient information gathering and sheer persistence to gain disclosure of key facts which were not otherwise being made readily available. He is not scared to cross boundaries or ruffle feathers in pursuit of the truth and an honest outcome.’

Key clients

Centenary 6 Limited


Sanctuary Housing Association Limited


Harbour Homes Limited


Optical Express Group


Scottish Legal Complaints Commission


Work highlights


  • Advised an individual on a $150m action against the purchasers of his shareholding in an oil and gas company, and their solicitors based on an unlawful means conspiracy, including a successful appeal to the Inner House of the Court of Session.
  • Representing Centenary 6 Ltd in a £40m loss of an opportunity claim against a firm of solicitors. This concerned legal advice given by the firm which resulted in the irretrievable loss of a prior right of action.
  • Acting for Sanctuary Housing Association Limited on a dispute arising out of a large contract for energy improvement works to housing stock to be carried out by E.On. Advising the client on its options for pursuing remedies against the various parties involved in the allegedly negligent performance of the works.

BTO Solicitors LLP

BTO Solicitors LLP routinely defends claims, including high-value ones, made against various professions, including solicitors, accountants, engineers and educators. Under the joint leadership of Alan Eadie and Lynne Cardow, the team has recently seen an uptick in claims against educational institutions. Eadie is the key contact for claims across the construction sector, while Cardow is an accredited personal negligence specialist with particular emphasis on handling claims arising from data breaches. At associate level, Michael Collins and Gillian Harman are two names to note.

Practice head(s):

Alan Eadie; Lynne Cardow


Other key lawyers:

Michael Collins; Gillian Harman


Testimonials

‘Alan Eadie is adept at handling complex, multi-party construction cases and understands both the client and insurer’s needs by being responsive and accessible to both.’

‘Alan Eadie is proactive and commercial in his handling, and promotes a sensible approach, often bringing opposing parties to early joint discussions to narrow the issues, moving towards settlement.’

‘BTO fully understands the importance of protecting the reputation of the client.’

Key clients

RSA Group


Allianz Speciality and Global


AXIS Specialty Europe SE


AXA XL


CFC Underwriting


Riverstone Management Ltd (formerly Brit Insurance)


Chubb Insurance Company of Europe SE


AIG Europe Limited


Markel International


DAS UK Group


Work highlights


  • Advising a global technical services provider in connection with multiple PI claims and core participant involvement in a public inquiry as well as providing guidance on a police investigation concerning alleged design and construction defects and resulting public health risks pertaining to two major hospital projects.
  • Advising a leading Scottish educational institution and its insurers in the defence of a claim by a commercial company for alleged infringement of its European patent.
  • Representing multiple parties (former company directors) in a potentially eight-figure D&O claim relating to alleged unlawful dividends/distributions made by a subsidiary company to support its struggling parent company.

Burness Paull LLP

Burness Paull LLP acts for corporate entities and professional services firms, particularly across the construction and financial services sectors. The team advises on both the pursuit and defence of professional negligence claims, covering the full spectrum of professional liability issues with particular expertise in regulatory matters. Ashley Jones leads the team and handles high-value claims against solicitors, accountants and financial services professionals.

Practice head(s):

Ashley Jones


CMS

The ‘highly capable’ professional negligence practice at CMS has demonstrable strength in handling complex professional indemnity claims across the construction sector, while renewable energy sector work is another key area of focus for the team. Graeme MacLeod routinely handles claims against solicitors and co-heads the defender-focused team with Harriet Munro, an ‘experienced and extremely competent’ litigator, who is dual qualified in Scotland and England & Wales and frequently acts for insurance brokers, accountants and media professionals. ‘Tenacious’ senior associate Rowena Williams is another key member of the team.

Practice head(s):

Harriet Munro; Graeme MacLeod


Other key lawyers:

Rowena Williams


Testimonials

‘Harriet Munro is an experienced and extremely competent partner able to deal with complex construction professional indemnity claims.’

‘Harriet Munro is ably assisted by Rowena Williams, a senior associate, who has a remarkable ability to digest difficult technical issues with ease.’

‘Harriet Munro is a real star. Great judgment and deep knowledge. Rowena Williams is very capable and really switched on.’

Key clients

QBE


Markel International


AIG


RSA


Riverstone


AXIS


Liberty Syndicate


AXA XL


WR Berkley


Munich Re


Work highlights


  • Defended a high-profile claim brought by a football club against the club’s former joint administrators. The claim related to the conduct of the administration of the club with an allegation that the club was undervalued in its eventual sale in 2012.
  • Acting for the defender, a global firm of engineers, on a high-profile dispute concerning the impact of remediation of brownfield sites. The case is a multi-party test case and one of the first class actions heard in the Court of Session with several other claims depending on the outcome of this one.
  • Acting for a leading Scottish law firm on a $150m conspiracy to defraud claim.

DWF

DWF‘s ‘highly skilled and experienced team’ is well placed to handle solicitor’s negligence claims across the country. The ‘standout’ Alison Grant, an accredited mediator that acts for insurers on high-value mediations, co-heads the team with the ‘extremely efficient’ Lindsay Ogunyemi. Working closely with the London office, the team also handles cross-border claims for construction professionals with Andrew McConnell being the key contact for this area.

Practice head(s):

Alison Grant; Lindsay Ogunyemi


Other key lawyers:

Andrew McConnell


Testimonials

‘The core of the team is highly experienced. They have also recruited very well and brought on board very capable young lawyers.’

‘A prominent player in the professional negligence landscape.’

‘Andrew McConnell is a talented lawyer. He’s been involved in some of the biggest cases of recent years. Strong on the law and brings a strong commercial focus to the table.’

Key clients

RSA


Zurich


AIG


CNA Hardy


ARCH


Allied World


QBE


Starr Underwriting


Markel


Work highlights


Kennedys

The professional negligence team at Kennedys acts across the full range of professions with particular strength in construction sector-related claims. The team handles both pursuer and defender side actions. Gavin Henderson, dual qualified in Scotland and England and Wales, leads the practice, which also includes litigator Peter Demick as well as senior associates Ross Forrest and David Nelson.

Practice head(s):

Gavin Henderson


Other key lawyers:

Peter Demick; Ross Forrest; David Nelson


Key clients

QBE


Griffiths & Armour


Aviva


Towergate Underwriting Group Limited


Glasgow School of Art


Xanatos Marine Limited


BDP


Hulley & Kirkwood


Prater Ltd / Lindner Fassaden GMBH


RSP Consulting Engineers LLP


Curle & Co


GBSS Civil & Plant Hire Limited


Renewable Energy Technology Ltd


Work highlights


  • Advising a client and their insurers on one of only a few litigated cladding claims in Scotland, which explores complex issues of prescription, the correct temporal test to apply to alleged negligence, and how to approach and value remedial works.
  • Defending a client and their insurers against a claim by Shetland Islands Council alleging that a new vessel traffic system installed at Sullom Voe in Shetland was not fit for purpose and therefore needed to be replaced with a different system.
  • Instructed to investigate and pursue claims against a number of parties in connection with the June 2018 fire at the Glasgow School of Art’s Mackintosh Building.

TLT

Led by 'knowledgeable and highly proficient' specialist John Paul Sheridan, the professional negligence practice at TLT is noted for its strong financial services sector expertise, which translates into regular instructions from banks and other financial services clients pertaining to finance-related claims and disputes. The group also handles a broad range of claims across the construction and property sectors. Louise Chopra is another key member of the team.

Practice head(s):

John Paul Sheridan


Other key lawyers:

Louise Chopra


Testimonials

‘They have a very talented team operating to consistently high standards.’

‘John Paul Sheridan is very able, has a good grasp of the law and has impressed me with his grasp of clients’ commercial interests. He is very well respected by clients. Louise Chopra is also very able and switched on.’

‘John Paul Sheridan has an excellent knowledge of the sector and consistently provides advice of an exceptionally high quality. Advice is always clear and detailed with any options for resolution and prospects of success clearly set out together with recommendations as to the best strategy for a successful resolution. John Paul is helpful, knowledgeable and highly proficient, taking a proactive approach to resolving issues and achieving the best resolution for clients.’

‘The professional negligence team at TLT Scotland provides wonderful client service – the team is friendly and efficient, and advice is consistently clear, detailed and of an exceptionally high quality.’

Key clients

National Westminster Bank plc


UPS


WHSmith plc


Fitness First Ltd


Work highlights