Elaine Brailsford > Shepherd and Wedderburn > Edinburgh, Scotland > Lawyer Profile

Shepherd and Wedderburn
1 EXCHANGE CRESCENT
CONFERENCE SQUARE
EDINBURGH
EH3 8UL
Scotland

Work Department

Commercial, Finance and Insolvency Disputes

Position

Elaine is a partner in commercial litigation, primarily focusing on commercial, financial and property related disputes. She has vast experience in the Court of Session, Sheriff Courts, Land Court and Lands Tribunal, and works closely with our real estate and banking teams. Elaine’s work includes groundbreaking property litigation, including the cases on dilapidations and extraordinary repairs under a commercial lease, and a recent case for damages in relation to the encroachment by a major house builder into neighbouring land; a major litigation involving breach of warranty claims in a sale of a business, and the resulting professional negligence claim against solicitors; leading the team involved in complex pension litigation in relation to equalisation of rights; and a long running case involving an oil rig where claims exceed $65m, acting with our banking team she brought the first case of its kind in Scotland where an administration order was made in respect of a non-UK company with heritable assets in Scotland.

Career

Trained Campbell Smith & Co; qualified 1982; partner, Tods Murray LLP 1989-2014; partner, Shepherd and Wedderburn LLP 2014 to date.

Memberships

Law Society of Scotland

Education

The Nicolson Institute; University of Aberdeen (1979 LLB).

Lawyer Rankings

Scotland > Dispute resolution > Debt recovery

Much of Shepherd and Wedderburn‘s workload pertains to the real estate and financial services sectors where the team led by commercial litigator Elaine Brailsford routinely assists with the recovery of debt arising from leases, timeshare management charges and service charges as well as asset recovery and secured and unsecured debt recovery matters.

Scotland > Crime, fraud and licensing > Licensing

Shepherd and Wedderburn is well equipped to guide clients, most notably supermarket chains, restaurants and hotels, through various liquor, gaming, public entertainment and civic government licensing procedures including contentious ones, insolvency-related licence transfers and transactional licensing matters. Hugh Smith and litigator Elaine Brailsford are the main contacts.

Scotland > Insurance > Professional negligence

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.