The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

Shepherd and Wedderburn

1 EXCHANGE CRESCENT, CONFERENCE SQUARE, EDINBURGH, EH3 8UL, SCOTLAND
Tel:
Work 0131 228 9900
Fax:
Fax 0131 228 1222
DX:
551970 EDINBURGH-53
Email:
Web:
www.shepwedd.com

Gillian Carty

Tel:
Work 0131 473 5138
Email:
Web:
www.shepwedd.com/
Shepherd and Wedderburn

Work Department

Commercial, Finance and Insolvency Disputes

Position

Gillian is a partner in our Dispute Resolution practice and advises on both contentious and non-contentious insolvency matters with a particular focus on insolvency litigation, banking and finance litigation and debt recovery. She acts for a number of banks, financial institutions and insolvency practitioners and advises on a range of litigation matters including breach of fiduciary duty claims against directors; challenges by insolvency practitioners to pre-insolvency transactions; security and guarantee enforcement for secured and unsecured creditors as well as a variety of banking litigation and tax appeals. Gillian is a licensed insolvency practitioner and is accredited as a specialist in insolvency law by the Law Society of Scotland. She has worked on a number of high-profile insolvency assignments including advising the administrators of Heritable Bank (the Scottish subsidiary of the Icelandic bank, Landsbanki) and advising on the administration of legal practices. She is the lead client partner for the Insolvency Service advising on public interest litigation and directors’ misconduct and disqualification proceedings.

Career

Trained Shepherd and Wedderburn; qualified 1995; assistant solicitor 1995-99; associate solicitor 1999-2001; partner 2001 to date. Publications of note: co-author of ‘Game v Springfield: Comparing the Treatment of Rent as an Administration Expense in Scotland and England’ published in International Corporate Rescue (2014).

Member

Law Society of Scotland; licensed insolvency practitioner; accredited by Law Society of Scotland as a specialist in insolvency law. Director LawWorks Scotland.

Education

Hutchesons Grammar School, Glasgow; University of Edinburgh (1993 LLB Hons Dip LP).


Scotland: Dispute resolution

Commercial litigation

Within: Commercial litigation

Shepherd and Wedderburn's practice is characterised by its size, prominence in complex disputes and breadth of expertise across all forms of dispute resolution. Iain Drummond, a seasoned expert in construction/engineering and projects disputes, appears regularly at the Court of Session as a solicitor advocate, and also has an active adjudication and mediation practice. John MacKenzie and senior associate Kevin Clancy are also solicitor advocates. Alastair Frood leads the banking and finance litigation practice, and also undertakes matters involving professional negligence, insurance litigation and charity-related disputes (among other areas); Frood's experience includes multi-party mediations, expert determination and Sheriff Court/Court of Session proceedings. Also recommended for banking and finance litigation is team head Gillian Carty, who is also a particularly strong choice for insolvency litigation (she is a licensed insolvency practitioner and accredited by the Law Society of Scotland as an accredited specialist in insolvency law). Illustrative of the firm's work, in 2017, MacKenzie represented Ernst & Young as the liquidator of three offshore companies in a professional negligence claim over a $300m suspected fraud. Barbara Bolton and others defended Mercer Limited against four separate pension scheme claims, while Patricia Hawthorn was the lead partner acting for Neart na Gaoithe Offshore Wind in judicial review proceedings brought by the RSPB. Elaine Brailsford and David Anderson are recommended.

[back to top]

Debt recovery

Within: Debt recovery

Shepherd and Wedderburn covers a wide range of matters in the real estate sector, such as debts arising from leases, timeshare management charges and recoveries of service charges, among others. Practice head Elaine Brailsford is particularly knowledgeable about property-related debt claims. Other strengths include financial services and social housing sector matters; the latter is a particular growth area, with the firm assisting social landlords with the recovery of rent and factoring charges. In addition to Brailsford, clients count on the experience of Alistair Frood, Gillian Carty and Stephen Humphrey. In 2017, the firm won the tender to handle debt recovery work for City of Edinburgh Council.

[back to top]

Scotland: Finance

Insolvency and corporate recovery

Within: Leading individuals

Gillian Carty - Shepherd and Wedderburn

Within: Insolvency and corporate recovery

Shepherd and Wedderburn's 'strength across the partner base exceeds that of many other firms', and its heavyweight team is led by Yvonne Brady, who 'sets the benchmark for the level of support an adviser can provide'. In addition to Brady, the other highly rated partners in the core restructuring and insolvency team are Fiona McKerrell, Gillian Carty and Hamish Patrick. The group provides advice on a comprehensive range of matters, such as loan portfolio acquisitions and disposals, turnarounds and workouts, administrations and liquidations, and contentious insolvency situations. Real estate partner John Gallacher is knowledgeable about the property-related aspects of insolvencies.  Allana Sweeney and Andrew Scott are notable senior associates in the team. In 2017, Brady, Gallacher and Sweeney acted for FRP Advisory LLP in the pre-pack disposal of Pagan Osborne Limited's business to Thorntons Law LLP. A team led by Patrick advised the holders of US private placement bonds on the Scottish schemes of arrangement relating to Premier Oil Plc and Premier Oil UK Limited. Another highlight involved assisting KPMG LLP with the administration of Arran Aromatics (now known as AAL Realisations Limited).

[back to top]


Back to index

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to