Anderson Strathern’s wide-ranging offering runs the gamut of contentious and non-contentious issues across the public and private primary, secondary and higher education sectors with particular expertise in additional support needs tribunal work. Its impressive and varied client roster includes some of Scotland’s largest universities as well as local authorities, educational bodies and independent schools. Practice head Alun Thomas routinely advises universities on contractual disputes and provides mediation assistance, while Catriona Watt regularly advises independent schools on governance and regulatory matters, and Audrey Cameron is a key contact for education sector mergers.
Education in Scotland
Anderson Strathern
Practice head(s):
Alun Thomas
Other key lawyers:
Catriona Watt; Audrey Cameron
Testimonials
‘The sheer breadth of knowledge and expertise makes AS unique in Scotland.’
‘They are able to cover every area of work that we require, which means that we can be sure that we have a consistent and joined-up approach. This is essential for audit and other purposes.’
‘Personal and quick service, backed up by expert but practical advice.’
Key clients
University of St Andrews
University of Edinburgh
University of Strathclyde
University of the Highlands and Islands
University of West of Scotland
Queen Margaret University
Ayrshire College
Edinburgh College
Glasgow Clyde College
New College Lanarkshire
North Highland College
Shetland UHI
South Lanarkshire College
West College Scotland
Inverness College
Fettes College
St Leonards School
Gordonstoun
Merchiston Castle School
Erskine Stewarts Melville College
Cargilfield Prep School
Belhaven School
Kelvinside Academy
Fairview International School
My Online Schooling Limited
Universities Scotland
APUC (The Association for Procurement for Universities and Colleges)
Skills Development Scotland
College Development Network
City of Edinburgh Council
Midlothian Council
Fife Council
West Lothian Council
Falkirk Council
North Lanarkshire Council
Work highlights
- Assisting education sector clients with the creation of collaborations and research partnerships with other institutions across the UK and the rest of the world, including IP, copyright and immigration law matters.
- Continues to advise independent schools, such as Gordonstoun, on matters around and representation at the Scottish Child Abuse Inquiry alongside gender reassignment matters as well as family and parent conflicts.
- Advising local authorities, including Falkirk Council and West Lothian Council, on claims and references relating to pupils with additional support needs (ASN).
Brodies LLP
Praised for its ‘deep knowledge of the sector’, Brodies LLP's education practice counts several of Scotland’s leading universities among its clients, which reflects its particular strength in the higher education sector. The team receives frequent instructions on a wide range of sector-specific work, including employment, governance and sensitive student matters. Brenda Scott and Niall McLean jointly head the team; Scott frequently handles transactional and commercial work and McLean receives regular instructions on governance and student matters. Lynne Marr specialises in employment law and acts for higher education clients and independent schools. Associate Kirstyn Burke is another key member of the team.
Practice head(s):
Brenda Scott; Niall McLean
Other key lawyers:
Kirstyn Burke; Lynne Marr
Testimonials
‘Great knowledge of the HEI sector. Responsive and reactive – always. They are almost an extension of our own in-house team. They understand our business and are able to provide legal advice in context.’
‘Niall McLean and Kirstyn Burke – both of these individuals are outstanding and a pleasure to work with. They are pragmatic, responsive and understand the HEI sector tremendously well.’
‘Deep understanding of the sector combined with a broad range of experience within the team.’
‘Niall McLean is a standout – extremely responsive and knowledgeable about the sector and gives clear and strategic advice.’
Key clients
Scottish Qualifications Authority (SQA)
Queen Margaret University (QMU)
University of Dundee
University of Edinburgh
University of Aberdeen
London Universities Procurement Consortium (LUPC)
Newbattle Abbey College
Stirling, Falkirk and Argyll and Bute Councils
Inverness College
Work highlights
- Retained by the Scottish Qualifications Authority (SQA), the national qualifications body in Scotland, as its sole supplier of legal services. Recent work includes advice on the impacts of Covid-19 and on proposed changes to the framework for Scottish qualifications made by the independent Muir Report that there should be a new education agency to replace SQA.
- Advising the University of Edinburgh on a wide range of employment, governance and student issues.
- Assisting the University of Dundee with student issues.
Shepherd and Wedderburn
Leveraging the firm's wider charity, employment, property and IP expertise, Shepherd and Wedderburn is best known for its higher education sector work, providing leading universities and independent schools with advice on the full range of sector-specific matters. Employment law and discrimination tribunals are particular areas of strength, with Neil Maclean being the key contact here. Malcolm Rust is noted for his charity law expertise and advises on governance and constitutional matters, while Joanna Boag-Thomson specialises in IP law. Scott Ritchie takes point on property-related matters, Keir Willox is a key contact for sector-specific corporate work and Matt Phillip is routinely called upon to assist with dispute resolution matters.
Practice head(s):
Neil Maclean; Malcolm Rust; Joanna Boag-Thomson; Keir Willox; Matt Phillip
Other key lawyers:
Scott Ritchie
Key clients
The University of Glasgow
Work highlights
Burness Paull LLP
Burness Paull LLP acts for a wide range of education sector clients, including governmental bodies, local authorities and higher education institutions, both Scottish and international. Much of its advisory work revolves around transactional matters, administrative and public law as well as employment law. Hazel Moffat is highly regarded for her expertise in public law and regulatory matters, while Scott Peterkin advises on transactional matters and real estate law.
Other key lawyers:
Hazel Moffat; Scott Peterkin
Testimonials
‘Their experience of the public sector and education is invaluable.’
‘They are good to work with and provide clear, easy-to-understand advice at all times and go above and beyond.’
‘There are many strengths that make this practice excellent to work with: the partner we deal with is contactable at all times and if on holiday, they make sure another partner in the firm is fully briefed; communication is good; and the partners are friendly and very approachable.‘
Key clients
Universities Scotland
Learning Curve (NE) Group Limited
University of St Andrews
Robert Gordon’s College
North East Scotland College
Scottish Funding Council
University of the West of Scotland
Harlow College
The UNITE UK student Accommodation Fund
Association of Certified Chartered Accountants
Work highlights
- Providing Harlow College with general employment advice, advice on immigration and nationality in respect of staff and students, data protection advice, general pensions advice specific to schemes operating within the FE sector and advice in relation to disputes and TUPE transfers.
- Advising on high-value infrastructure projects for Hub West Scotland Limited, a private sector development company, who works in partnership with the education sector in the west of Scotland.
- Advising the University of the West of Scotland on spin-outs of commercial ventures, including contract, commercial and intellectual property law.
CMS
CMS' full-service education team assists major Scottish universities as well as other public and private sector clients with a wide range of education-related issues. With particular strength in real estate, employment and charity law, the team is frequently instructed to act on cross-border matters, which are handled in cooperation with its London office. Under the leadership of Carina Healy (dual qualified in Scots and English law), the team is also well placed to assist clients in the higher education sector with IP and commercial matters. Darina Kerr is the key name for real estate and property law.
Practice head(s):
Carina Healy
Testimonials
‘I have worked with this team for over 4 years on a range of interrelated, complex matters. They provide great confidence and assurance for stakeholders.’
‘They are thorough, calm and innovative in supporting us, addressing highly complex issues involving a large number of stakeholders in a high-profile environment. The team provides great support with a detailed and reasoned approach. Tenacious!’
‘The CMS team works well together, works well with the client and represents us to a high standard of professionalism in our contractual negotiations.’
Key clients
University College London
University of Glasgow
University of Sheffield
University of St Andrews
Queen Mary, University of London
Heriot-Watt University
Heriot Watt Services Limited (Oriam) (HWS)
University of Dundee
East Renfrewshire Council
The Moray Council
Argyll & Bute Council
City of Edinburgh Council
Scottish Borders Council
Hub East Central Scotland Limited
ILT Education
Trill Impact AB
Brighteye Ventures
Work highlights
- Continues to advise UCL on high-profile academic research collaborations, including providing extensive back office support for the research contracts on over 300 projects, including many Covid-19 research collaborations.
- Appointed by Hub East Central Scotland Limited in respect of three new projects worth over £196m. These projects include the £110m development of the Dunfermline Learning Campus and the £85m replacement of Perth High School.
- Advised University of Sheffield on a high-value disposal of patents and know-how in the field of semiconductor technology to one of the world’s largest social media platforms.
Thorntons Law LLP
Thorntons Law LLP is well placed to assist clients, many of which stem from the higher education sector, on governance issues, regulatory compliance and academic appeals. Corporate and commercial law specialist Robbie Francis heads the team and, alongside handling governance issues, is frequently instructed to advise on mergers, restructurings and funding issues. Noele McClelland is an employment law specialist with an emphasis on dispute resolution and reputation management, while Debbie Fellows has particular expertise in the areas of contentious employment law and discrimination cases. The team has a strong presence in Dundee.
Practice head(s):
Robbie Francis
Other key lawyers:
Debbie Fellows; Noele McClelland
Testimonials
‘Thorntons invests the time and energy to understand the business and the people within it. It is not simply a transactional service, there is a depth of innovation and creativity within the team that provides strong solution-focused partnership working. Thorntons is proactive in approach, whether this is horizon scanning or providing tailored solutions through workshops to local or national issues.’
‘Thorntons has the skills and resources at their disposal to comprehensively address all our needs. They are an integral part of our team.’
‘Robbie Francis is professional and personable.’
Key clients
Abertay University
University of Stirling
University of the Highlands & Islands
Glasgow Caledonian University
Glasgow School of Art
Robert Gordon University
University of St Andrews
University of Dundee
The James Hutton Institute
City of Glasgow College
Dundee & Angus College
Perth College
Borders College
Inverness College
Colleges Scotland
The High School of Dundee
Schools Closure Review Panel
Work highlights
- Advised the Glasgow School of Art on an employment tribunal claim by a former employee alleging unfair dismissal after making alleged protected disclosures.
- Advised the University of St Andrews on the registration of their trademarks in multiple territories, and addressing repeated infringement of its registered and unregistered trademarks around the world.
- Advised the University of Stirling on a number of agreements with national governing bodies for various sports and sporting organisations.
MacRoberts LLP
Led by IT law specialist David Gourlay, MacRoberts LLP's education team is routinely instructed by private and public sector entities active in the education sector to assist with commercial, contractual, IT and IP law matters. Handling infrastructure work is another key area of expertise with Jennifer McKay routinely advising on contentious construction matters and projects, and Rod Munro handling non-contentious matters in this space. Data protection and information management specialist Valerie Armstrong-Surgenor, solicitor Amina Amin and associate Agne Zasinaite are other key members of the team. Katy Wedderburn left the firm in December 2022 to join gunnercooke LLP.
Practice head(s):
David Gourlay
Other key lawyers:
Agne Zasinaite; Amina Amin; Valerie Armstrong-Surgenor; Jennifer McKay; Rod Munro
Testimonials
‘David Gourlay has been our main point of contact. He and the team are very efficient and professional with a good knowledge and understanding of the sector.’
‘Working with MacRoberts is a partnership; their approach is to talk through your needs in a supportive and curious way. It feels confident, comfortable, supportive, caring and unpressured. The firm demonstrates confident knowledge, understanding and insight into independent schools, their needs, challenges and potential opportunities.’
‘I have recently worked with Valerie Armstrong-Surgenor, Agne Zasinaite and Amina Amin. They worked seamlessly together to support us in two quite different areas. They collectively demonstrated exceptional knowledge and understanding of our needs and provided us with unquestionable confidence, as they worked in partnership with us ensuring that we were fully informed in our decision-making. They worked in a facilitative way to help us explore options, potential opportunities and risks. I have already recommended MacRoberts and these individuals to two other organisations.’
Key clients
E4D&G Limited
Renfrewshire Schools Partnership Limited
Community Enterprise in Scotland
George Watson’s College (The Edinburgh Merchant Company Education Board)
Sumdog Limited
Online Education Services Limited
Social Enterprise Academy International
Work highlights
- Acting on behalf of Renfrewshire Schools Partnership in the defence of multi-million pound court proceedings pertaining to alleged failures to provide the services in line with the requirements of the PFI arrangements. This case raised novel issues in relation to prescription and the backdating of deductions in the context of a PFI project.
- Advising the Human Resources Manager and wider management on all employment law and HR-related matters, including changes to terms and conditions, TUPE service provision changes, settlement agreements, adjustments under the Equality Act 2010 and fixed-term contracts.
Morton Fraser MacRoberts
With a diverse client roster including academic institutions, state and private schools alongside other entities in the education sector, Morton Fraser MacRoberts's education team advises on a wide range of matters, such as policy drafting, student equality issues and parental complaints. David Walker leads the team. He is supported by David Hossack, an experienced employment lawyer and mediator, who advises on reputational issues and employment matters, and Adrian Bell, who advises educational institutions on corporate governance and constitutional issues. Recently promoted partner Sarah Gilzean is another key member of the team.
Practice head(s):
David Walker
Other key lawyers:
Sarah Gilzean; David Hossack; Adrian Bell
Testimonials
‘Morton Fraser is extremely approachable and knowledgeable in immigration law.’
‘We are fortunate to have the expertise of Sarah Gilzean as our lawyer. Her knowledge of our business has been built over the years, and her advice tailored appropriately. She has always presented clear and straightforward advice and, where appropriate, reassurance, and we greatly value her excellent relationship with the school.’
‘Morton Fraser has an excellent knowledge and understanding of the sector.’
Key clients
SRUC
Robert Gordons College
George Heriots School
Harmeny Education Trust limited
George Watsons College
Dollar Academy
Work highlights
Pinsent Masons LLP
Embedded in its UK-wide network of offices, Pinsent Masons LLP routinely advises higher education institutions across the UK on regulatory matters, data sharing, patent law and construction law. The last-mentioned segment is a key area of expertise for the team as evidenced by its solid track record advising on multiple large-scale student accommodation construction projects. This type of work is routinely led by infrastructure and projects expert Chris Owens. Chris Martin leads the overall team, while Joanne McIntosh is the key contact for contractual and commercial matters.
Practice head(s):
Chris Martin
Other key lawyers:
Chris Owens; Joanne McIntosh
Testimonials
‘Good knowledge across the higher education sector. Good knowledge of our own business. Collaborated well with our team members.’
‘Chris Martin knows our business well and has sound knowledge of the HEI sector across the UK.’
Key clients
University of Edinburgh
Jisc
Roslin Institute
University of Birmingham
Coventry University
University of Sussex
University of Lincoln
Work highlights
- Advised the Roslin Institute at the University of Edinburgh on a range of strategic research and development issues as well as IP commercialisation matters.
- Advised the University of Sussex on the West Slope student residence scheme, which will provide on-campus student accommodation, a learning centre, a health and wellbeing centre, a supermarket and cafes.
- Advised Smart Data Foundry on its arrangements with its key stakeholder, the University of Edinburgh, under which it will receive circa £20m of funding, and on the development of a suite of data sharing and data services customer contracts.