Lindsays

Dispute Resolution and Litigation

Brian is a Director based in our Glasgow office and is part of the Dispute Resolution and Litigation team. With over 9 years’ experience representing clients in Sheriff Courts throughout Scotland, he brings considerable expertise to the team. His caseload is diverse with a focus on high-value and complex disputes across a range of practice areas, including: commercial property disputes, debt recovery and enforcement, insolvency, contentious construction, professional negligence, actions for interdict, inter-company/ partnership disputes, defamation and reputation management.

Through Brian’s commercial practice, he regularly represents clients across a variety of sectors, including: commercial landlords/ tenants, property developers, SMEs, charities, private schools, insolvency practitioners and other professionals, as well as private individuals.

Brian takes a hands-on approach with an emphasis on delivering robust and pragmatic advice in order to achieve practical solutions for clients in a range of disputes, both in and out of court.

Highlights

12 successful appeals by summary application under Section 129 of The Housing (Scotland) Act 1987 against demolition orders at the instance of Inverclyde Council in connection with a major housing estate in Port Glasgow.

Acting in several actions in the Commercial Court of the Court of Session, including, commercial disputes valued in excess of £1 million and resulting in notable published decisions (e.g. see the widely reported Dem-Master Demolition Limited –v- Healthcare Environmental Services Limited [2017] CSOH 14).

Representing clients in adjudication and arbitration proceedings, including, successfully defending a 6 figure claim under the Housing Grants, Construction and Regeneration Act 1996 and subsequently obtaining summary decree in subsequent proceedings in the Sheriff Court to recover the Adjudicator’s costs.

Successfully obtaining interim interdict for commercial clients in multiple actions in the Sheriff Court, including 3 separate actions involving disgruntled former employees and unlawful use of specialist equipment in the waste management sector.

Acting in high-value dilapidations actions, including acting for a leading multinational technology company.

Providing legal opinions, in complex disputes concerning the validity of notices in commercial leases, servitudes, breaches/ enforcement of missives, recovering bona vacantia property, defamation, etc.

First successful appeal against an order under the High Hedges (Scotland) Act 2013.

Conducting a successful appeal resulting in a published decision in the Sheriff Appeal Court.

Brian is a member of the Property Litigation Association.