The Legal 500 > United Kingdom - Solicitors > Scotland > Professional negligence

Brodies LLP took on Tony Jones QC from BTO Solicitors LLP in mid-2018 and also increased its team's partner count during the year with the promotion of 'refreshingly frank' Louise Kelso, an accredited mediator and a specialist in solicitor negligence. The practice, which is led by Alan Calvert and Alisdair Matheson, handles the defence of some of the most important construction claims in Scotland on behalf of engineers, while managing a broader caseload which encompasses solicitor negligence, surveyor negligence and broker negligence across various different sectors, including real estate and corporate, in addition to a range of disputes and employment claims raising issues such as discrimination and equal pay. Jones is one of only three practising civil solicitor advocate QCs in Scotland.

BTO Solicitors LLP’s defendant-focused practice acts for the insurers of architects, accountants, engineers, surveyors, solicitors and construction professionals, as well as insurance brokers. The team has experience dealing with complex multi-party claims in all areas of professional negligence, with recent cases involving aspects such as breach of fiduciary duty and alleged loss of opportunity. Alan Eadie, a qualified mediator, has a track record of acting in multimillion-pound disputes arising from large construction projects and in acting for the master policy insurers in solicitor negligence claims.

Clyde & Co LLP's professional negligence practice defends insurers, legal professionals, surveyors and architects in high value claims involving complex elements including alleged fraud or breach of fiduciary duty. The team is led by the dual-qualified Gavin Henderson, who defends claims against construction professionals, accountants and surveyors, and has a strong track record on extremely high-profile cases, assisted by the 'knowledgeable and experienced' Anne Kentish, who specialises in defending claims against legal professionals.

Harper Macleod LLP’s pursuer-oriented practice has a remarkably broad client base including private individuals, public bodies, developers, lenders and private companies. The practice has expertise in major construction claims in the public and private sector, internal company disputes involving complex points of law such as liability in a multi-party action, enforcement proceedings against shareholders and lease agreements, and a wide variety of professional negligence matters involving surveyors, accountants, solicitors and IFAs, including fraud and loss of opportunity claims. E-Ming Fong recently succeeded in two separate claims for companies involving contractual disputes.

DWF handles a high proportion of all professional negligence claims against solicitors in Scotland, owing in large part to its position on the Law Society of Scotland’s Professional Indemnity Master Policy. The team is headed up by Alison Grant, 'one of the best and most experienced lawyers in the field of professional negligence in Scotland'. 'Tenacious litigator' Lindsay Ogunyemi is frequently instructed by large insurers to handle claims against surveyors, brokers, accountants and construction professionals, while associate Andrew McConnell regularly handles high value, complex claims with an increasing focus on the construction sector.

Shepherd and Wedderburn is a leading pursuer of solicitor negligence claims arising out of alleged mortgage fraud and breaches of the CML Handbook during property transactions, demonstrated by the firm’s roles on several high value cases for lenders and liquidators in recent months. The practice also acts for pursuers and defenders in construction disputes across various different sectors, including renewable energy, roadworks, and private and public sector projects. Banking and finance litigation head Alastair Frood has a particular focus on profession negligence, while Elaine Brailsford brings 25 years’ experience in litigation and dispute resolution to the team.

TLT 's practice has notable expertise in the financial services sector, acting for a string of big-name banks and other lenders. Practice head John Paul Sheridan leads on all matters concerning solicitor and surveyor negligence and carries out his own advocacy in the Court of Session; he also has expert knowledge of prescription issues, having previously provided evidence to the Scottish Parliament on the matter. The practice also pursues claims for individuals against their former solicitors and acts for claimants in construction disputes.

Balfour+Manson LLP act for pursuers in claims against their solicitors, accountants, co-workers and private companies. The firm also handles unusual multi-party disputes, claims arising from negligent tax advice and pension-related matters. Iain Nicol, who is accredited in professional negligence and personal injury, drafted the Professional Negligence Pre Action Protocol and recently, through representations to the Law Society, secured an increase in the fees payable under the protocol.

Burness Paull LLP's professional negligence practice works on both the pursuer and defender side of claims across a range of sectors, focusing on corporate clients rather than panel appointments for insurers. The team excels in particular in the realm of construction, receiving instructions from major firms of architects and engineers in high value cases, while also represents public bodies. Ewan McIntyre is lead partner for the firm's cross-discipline liabilities practice, which encompasses the professional negligence team, while Chris MacKay, who is has dual expert accreditation in both construction and arbitration, has niche expertise in disputes concerning harbours and ports.

Dentons acts for both pursuers and defenders on a variety of claims concerning solicitors and financial services experts. The practice, which benefits from its appointment to the Law Society of Scotland’s Pursuers’ Advisory Panel, is led by Tim Edward, who advises some of the leading insurers in the market.