Elaine Brailsford > Shepherd and Wedderburn > Edinburgh, Scotland > Lawyer Profile
Shepherd and Wedderburn Offices
1 EXCHANGE CRESCENT
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Commercial, Finance and Insolvency Disputes
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.
Trained Campbell Smith & Co; qualified 1982; partner, Tods Murray LLP 1989-2014; partner, Shepherd and Wedderburn LLP 2014 to date.
Law Society of Scotland
The Nicolson Institute; University of Aberdeen (1979 LLB).
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.
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.
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.
- Professional negligence - Scotland > Insurance
- Debt recovery - Scotland > Dispute resolution
- Licensing - Scotland > Crime, fraud and licensing
Top Tier Firm Rankings
- Private client > Agriculture and estates
- Finance > Banking and finance
- Dispute resolution > Commercial litigation
- Real estate > Commercial property: Edinburgh and Glasgow
- Corporate and commercial > Corporate and commercial: Edinburgh and Glasgow
- Projects, energy and natural resources > Energy (excluding oil and gas)
- Real estate > Environment
- Corporate and commercial > EU and competition
- Finance > Insolvency and corporate recovery
- TMT (technology, media and telecoms) > IT and telecoms
- Human resources > Pensions
- Real estate > Planning
- Private client > Charities and not-for-profit
- Real estate > Construction
- Private client > Contentious trusts and probate
- Corporate and commercial > Corporate tax
- Public sector > Education
- Public sector > Health
- TMT (technology, media and telecoms) > Intellectual property
- Finance > Investment funds
- Public sector > Local government
- Projects, energy and natural resources > Oil and gas
- Private client > Personal tax, trusts and executries
- Insurance > Professional negligence
- Projects, energy and natural resources > Projects
- Real estate > Property litigation
- Dispute resolution > Debt recovery
- Human resources > Employment
- Crime, fraud and licensing > Licensing
- Real estate > Social housing
- Corporate and commercial > Corporate and commercial: elsewhere in Scotland