With expertise in shipping, road, rail, aviation and logistics, Brodies LLP acts for an extensive client roster including airports, ferry operators, rail operators, insurers and public sector bodies. Its shipping and marine work led by Duncan MacLean includes advice on vessel newbuilding contracts, charter agreements, harbour developments and insurance claims, while its rail sector work is split into the two segments rail franchising - led by Roger Cotton - and rail infrastructure jointly led by Jackie McGuire, Karen Hamilton and Odell Milne. Alongside rail projects, the infrastructure group is equally well placed to advise on road projects with typical instructions - for both rail and road - including compulsory purchase, planning and regulatory matters. This broad offering is complemented with solid contentious capabilities.
Transport in Scotland
Brodies LLP
Practice head(s):
Duncan MacLean; Roger Cotton; Jackie McGuire; Karen Hamilton; Odell Milne
Other key lawyers:
Manus Quigg; Malcolm Mackay
Testimonials
‘Brodies treat their clients like a member of the family – they are always there to help if you call.’
‘Odell Milne – no problem is too big for her, or timescale too short. She has an excellent can-do attitude and the advice provided is always concise and accurate.’
‘The firm’s key strength and capability is an unparalleled knowledge of the law, coupled with a pragmatic attitude and approachable staff. Over the years working with Brodies on major transport infrastructure schemes, they have developed award-winning technology, including massively impressive, time-saving, error-minimising products.’
‘Duncan MacLean is extremely proficient, professional, knowledgeable and personable.’
‘The team at Brodies demonstrates a strength and depth of the transport area in Scotland, with a knowledge of the legal background as well as the market itself. The individuals involved have well-known solid reputations which can be relied upon and are respected in the industry. ’
‘Karen Hamilton is knowledgeable, well respected in the sector, measured approach and good advisor.’
‘Vast knowledge of industry.’
‘Duncan MacLean understands our business and ensures that advice is directed appropriately. Their expertise in such a wide variety of business areas has ensured our business has addressed and resolved a number of difficult issues.’
Key clients
CalMac Ferries
Subsea 7 Ltd
Seaway Heavy Lift
Associated British Ports
Clyde Marine Services
Clarkson Port Services (Clarksons)
BP Shipping Ltd
Serco Northlink Ferries
Maersk Drilling
International Group P&I Clubs (including North of England, Gard, UK, Standard, Britannia, West of England, Steamship, Shipowners and Skuld)
Royal Yacht Britannia
Sunderland Marine
Lerwick Port Authority
Stornoway Port Authority
Swire Energy Services
NMU Speciality Insurance
Maersk
TT Club
Albatrans
ScotRail
Lothian Buses
DB Cargo
XPO Logistics
Agility Logistics
Abellio East Midlands
Network Rail
Glasgow City Council and Renfrewshire Council City Deal Framework
Jacobs UK Ltd
Transport Scotland
Perth and Kinross Council
Stirling Council
Aberdeen City Council
Midlothian Council
Leyland Trucks Limited
Argyll and Bute Council
City of Edinburgh Council
Work highlights
- Advising ScotRail on all operational franchise matters including management of the franchise agreement, supply chain contracts, rolling stock issues, station infrastructure improvement, policies and procedures, and real estate matters, employment law, contract disputes and data protection compliance.
- Instructed by CalMac Ferries and Serco NorthLink Ferries and by their insurers to deal with any claims made against them. These include crew, passenger, cargo and harbour operator claims. The team also advises on regulatory investigations.
- Advising Perth and Kinross Council on the Cross Tay Link Road.
CMS
CMS has particular strength in the road, shipping, rail and aviation sectors, with work regularly spanning multiple jurisdictions. Benefiting from the firm's solid offering in construction, planning and dispute resolution, the group is regularly instructed by public sector bodies, infrastructure developers and contractors to advise on matters at these intersections, while assisting with major procurement exercises constitutes another key element of the practice. This broad offering is complemented by Mark McMurray's road sector expertise covering electric vehicle charging and cycling infrastructure matters alongside road and traffic orders. Its shipping and maritime work - with team Eleanor Lane as a key contact - includes shipping contract and port services agreement support.
Practice head(s):
Eleanor Lane
Other key lawyers:
Colin Hutton; Christine Worthington; Mark McMurray
Key clients
TH Real Estate
The City of Edinburgh Council
Scottish Water
Renfrewshire Council
LS Buchanan (Landsec)
Revedor Malta Limited
Basalt Infrastructure
Braid Logistics
BP
TAQA
North Star Shipping
CalMac Ferries Limited
James Fisher & Sons Group
PDG Aviation
Strathclyde Partnership for Transport
Transport Scotland/Scottish Government
Serco
Stirling Council
Edinburgh Tram Limited
Work highlights
- Advising Transport Scotland/Scottish Ministers on the £3bn dualling programme of the A9 between Perth & Inverness; advice has covered procurement options, programme structuring and pre-contractual matters.
- Advised St Andrews University on the conversion, testing and commissioning of a hydrogen fuelled train, including a contract with a strategic partner for the works and services, and funding arrangements with the Scottish Government.
- Advising the City of Edinburgh Council on temporarily widening pavements and footpaths and providing temporary cycling infrastructure such as pop-up cycle lanes, all part of the Spaces for People programme in response to the Covid-19 pandemic.
Addleshaw Goddard
Addleshaw Goddard boosted its infrastructure offering in August 2020 with the arrival of a team from DWF including Suzanne Moir, whose focus lies on advising public sector clients on major infrastructure procurements. Sarah Baillie provides airports with planning and road law advice and handles transport matters arising from housing and commercial developments. The firm’s main strength, however, remains its shipping offering led by Ed Watt, who advises banks, port authorities, shipowners and operators alongside oilfield services companies on ship registration, international and domestic transactional, corporate and ship finance including associated disputes.
Practice head(s):
Ed Watt; Sarah Baillie
Other key lawyers:
Suzanne Moir; Carrie Armstrong
Testimonials
‘The team at AG support us fully and is available 24/7 to support our business.’
‘Ed Watt is very professional and makes himself available for both planned and unplanned commissions in this fast moving business environment.’
‘AG team’s key strength is its prompt response and ability to resolve complicated matters in a most efficient way.’
‘Ed Watt is a true professional with lots of experience in maritime-related legal affairs. He gave valuable advice on a number of occasions when our company needed a professional legal assistance with respect to the construction and implementation of English maritime laws.’
Key clients
Caledonian Maritime Assets Ltd
Highland and Islands Airports Limited (HIAL)
Aldi Stores Limited
Dundee Airport Limited
INEOS FPS Limited
Forth Ports Limited
Lombard North Central Plc
Strawson Holdings Limited
London Offshore Consultants (LOC)
Briggs Marine Contractors Limited
Caspian Marine Services Limited
Irish Mainport Holdings Unlimited Company
Kincardine Offshore Windfarm Limited
Work highlights
- Advising Caledonian Maritime Assets Limited (CMAL) on the purchase of two £97m LNG ferries.
- Advising Highland and Islands Airports Limited (HIAL) on roads law, operational infrastructure and car parking estate.
- Representing Irish Mainport Holdings, an Irish seismic support operator, in a group and fleet reorganisation.
Anderson Strathern
Anderson Strathern routinely provides public and private sector clients with planning, consenting and environmental law advice pertaining to rail, road and airport developments, while also handling associated disputes. Team head Neil Amner, who also leads the firm's Brexit group, has particular expertise at this intersection, leading to instructions on the post-Brexit creation of Freeports and other Brexit-related regulatory matters, while also handling rail freight issues. Senior associate Tom Docherty is a key contact for road sector work and is noted for his expertise in road operator licensing.
Practice head(s):
Neil Amner
Other key lawyers:
Audrey Cameron; Karyn Watt; Tom Docherty
Testimonials
‘The team handles a range of very high-value disputes. Those disputes usually involve large amounts of documentation, requiring exceptional technological and organisational skills to keep them manageable. In addition to their individual experience and expertise, I am always struck by how good the members of the team are at handling such large volumes of information and documentation in such an efficient manner.’
Key clients
Transport Scotland (Scottish Government)
Strathclyde Partnership for Transport
South East Scotland Transport Partnership
A group of 22 Scottish public sector bodies seeking damages from the EU Truck Cartel
Glasgow City Council
Edinburgh City Council
Fife Council
Highland Council
Loch Lomond and the Trossachs National Park Authority
Scottish Roadworks Commissioner
Glasgow Chamber of Commerce
Alexander Dennis Ltd
INEOS
Allied Vehicles Ltd
John Martin Group
Logistics UK (formerly Freight Transport Association)
Peter D Stirling Ltd
LNER
Stadler-Ansaldo JV
Crown Estate Scotland
Scottish Maritime Cluster
Scottish Canals
Northern Lighthouse Board
Hays Ships Limited
Waverley Steam Navigation Company Ltd
Shetland College and North Atlantic Fisheries College
Edinburgh Airport
Shetland Space Centre
ReFLEX Orkney Limited
Work highlights
- Acted as sole business representative on the Scottish Government’s National Transport Strategy Review Board (and now National Transport Strategy Delivery Board) and the Covid-19 Transport Transition Group.
- Advising Shetland Space Centre Ltd on the necessary consents for a vertical launch spaceport at Lamba Ness, Unst, Shetland.
- Acting for all 22 Scottish public body claimants seeking damages from the truck cartel through litigation in Scotland.
Burness Paull LLP
Burness Paull LLP handles a broad spectrum of transport sector work but has recently been particularly active in the ports and harbours sector, which is not least a reflection of team head Chris MacKay's expertise in this space. Recent instructions from port authorities and operators include project contractual and procurement support alongside operational and corporate matters, while the team is also well placed to advise on maritime incidents. Handling contentious and non-contentious planning, construction, transactional and health and safety matters in the road and rail space constitute other key elements of the practice.
Practice head(s):
Chris Mackay
Other key lawyers:
Andrew Forsyth; Chris Horsley
Testimonials
‘Very good lawyers who we continue to work with and who provide efficient and helpful legal support.’
‘Overall team engagement was of a very high standard in dealing with a complex issue.’
‘Andrew Forsyth provided sound advice and showed great diligence.’
‘The team coordinate well with each other and thus offer their clients good professional advice and value for money. They have a wide range of expertise which assists in the handling of contractual matters, from the preparation of contract to claims, in a cost-effective manner. I have experience of other practices in Scotland and believe that they are one of the best, and always prepared to go the extra mile.’
‘A detailed knowledge of the law in this area, together with their ability to talk to and deal with clients.’
Key clients
Scot Roads Partnership Project Limited (a joint venture consisting of Uberior, Amey, Cintra and Meridiam)
Improvement Service
Oban Community Harbour Development Association
John Clark Motor Group
Port of Cromarty Firth
Scrabster Harbour Trust
Highland Spring
Fraserburgh Harbour Commissioners
Subsea 7 and its P&I Club, The Standard club
Patentes de Talgo
Construcciones y Auxiliar de Ferrocarriles
Macdonald Hotels
Work highlights
- Acted for Macdonald Hotels in objecting to Transport Scotland’s project for the upgrading of the A9 trunk road at Aviemore. This included appearing on behalf of the client at the public local inquiry in Grantown on Spey.
- Continues to advise Scot Roads Partnership Project Limited, the project company developing the M8 PPP project, on resolving any remaining construction phase disputes, defects issues and final payments.
- Continues to provide ongoing project contractual support to Port of Cromarty Firth on the £31m Phase 4 Development of Invergordon Service Base, including advice on the impact of the Covid-19 pandemic and significant delays encountered during construction.
Dentons
Acting as exclusive legal services provider to Network Rail, Dentons has rail sector work at its core and handles the full spectrum of business-relevant contentious and non-contentious matters, including real estate, construction, health and safety, commercial contracts and procurement. The group also assists with transactions, disputes and various commercial matters in the ports, road and bus sectors. The team is jointly led by construction procurement specialist Mark Macaulay and Euan Wilson, who has a specialism in infrastructure and project finance transactions.
Practice head(s):
Mark Macaulay; Euan Wilson
Other key lawyers:
Barry Edgar; Malcolm Gunnyeon; Kirsti Olson; Michael Dean
Key clients
Network Rail
Strathclyde Partnership for Transport
Transport for London
Stagecoach
Royal Mail
Port of Cairnryan
Semperian PPP Investment Partners No. 2 Limited
Acciona
Jones Brothers
Glasgow Prestwick Airport Limited
Scottish Citylink Coaches Limited
Work highlights
- Representing Port of Cairnryan (part of the P&O Ferries group) in proceedings raised in the Court of Session against engineers Mouchel Limited (now owned by WSP) arising out of the design and construction of a new floating linkspan at Cairnryan in the southwest of Scotland.
- Defending Halcrow Group Limited in proceedings raised in the Court of Session by the Fraserburgh Harbour Commissioners (FHC). The proceedings arose out of works carried out by McLaughlin & Harvey Limited (MCLH) from 2013 to deepen the existing North Harbour at Fraserburgh.
- Acted for Acciona and Jones Bros. in its bid for the Welsh Government’s MIM project to upgrade and build an 18km section of the A465 road.
Mackinnons
Shipping law boutique Mackinnons offers various players across the sector, such as vessel owners and operators, port authorities, ferry operators, P&I clubs and banks, with the full spectrum of industry-relevant advice. Recently, this included various shipbuilding projects and transactions, both of which frequently feature cross-border elements, while providing assistance with marine casualties, injury claims and Admiralty actions constitute other key elements of the practice led by litigator and personal injury specialist Martin Sinclair.
Practice head(s):
Martin Sinclair
Other key lawyers:
Graham Jones; Angus Easton
Testimonials
‘A stand-out niche practice, widely recognised as the leading firm in Scotland for admiralty, marine and fisheries work. Extensive experience of large-scale commercial disputes.’
‘Martin Sinclair is one of the most well-respected and liked practitioners – he has extensive experience of international and cross-border disputes, as well as Scottish ship arrests and interim remedies.’
‘They handled the sensitivities and tensions that arose as part of the litigation extremely well.’
‘They know their stuff! You can have complete confidence in them and the job they are doing and you know that they will answer any questions you have.’
‘Very quick to respond and knowledgeable of our business.’
‘Mackinnons is a niche shipping and marine firm with a history in that area unrivalled in Scotland.’
‘Martin Sinclair is extremely easy to work with and has a good bedside manner.’
‘On the transactional side, Graham Jones is generally considered peerless in Scotland.’