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Shepherd and Wedderburn

1 WEST REGENT STREET, GLASGOW, G2 1RW, SCOTLAND
Tel:
Work 0141 566 9900
Fax:
Fax 0141 565 1222
DX:
GW409 GLASGOW
Email:
Web:
www.shepwedd.com

Alastair Frood

Tel:
Work 0141 566 7281
Email:
Web:
www.shepwedd.com/
Shepherd and Wedderburn

Work Department

Commercial, Finance and Insolvency Disputes

Position

Alastair is a partner, head the banking and finance litigation practice and is a recognised specialist in this field. He leads the firm’s specialist finance sector and the asset based finance cross divisional practice group. Alastair has particular interest in professional negligence (insurance litigation), fraud, contentious trust and executries and charity related matters, and has specialist knowledge of consumer credit legislation. Acting for both public and private sector clients, in particular many leading financial institutions, on contentious and non-contentious dispute resolution and risk management issues affords him a wide perspective of the issues at play and an insight that ensures he achieves the best possible outcome. He also advises on wider commercial disputes involving commercial contracts and company law and has extensive experience in all aspects of alternate dispute resolution, representing major clearing banks in multi-party mediations, acting as arbiter’s clerk in contract disputes, representing clients in the preparation of matters for expert determination and raising proceedings using the abbreviated procedure offered by the Commercial Court in both the Sheriff Court and the Court of Session. Alastair’s clients include Portfolio Recovery Associates Inc., Close Brothers Group, Clydesdale Bank plc, HM Revenue and Customs, ScottishPower Group, and KPMG Group.

Career

Trainee – McArthur Stanton Solicitors, 1994-96; assistant – Golds Solicitors, 1996-98; associate – Maclay Murray & Spens, 1998-2004; head of banking litigation – DLA Piper Scotland, 2004-08; partner at Shepherd and Wedderburn 2008 to date. Publications of note: Scottish chapter of ‘International Execution against Judgment Debtors’ published by the Centre for International Legal Studies.

Languages

Conversational French.

Member

The Law Society of Scotland Insurance Committee.

Education

The Glasgow Academy; University of Edinburgh (1993 LLB; 1994 diploma in legal practice).

Leisure

Golf (Western Gailes GC, Ranfurly Castle GC), Rugby Coach (Glasgow Hawks Rugby Club), Glasgow Academicals Club, cycling, running, skiing, reading.


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.

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Scotland: Insurance

Professional negligence

Within: Professional negligence

Shepherd and Wedderburn is active in the full range of professional negligence matters for defenders and pursuers, with particular expertise in professional indemnity matters pertaining to accountancy. John MacKenzie represented Ernst & Young as the pursuer against KPMG, the auditor responsible for signing off the accounts of three offshore companies of which the client was the liquidator, in relation to a major suspected fraud in the Isle of Man – a claim that was settled at mediation. The team is led by Alastair Frood, who is an experienced commercial litigator. Iain Drummond specialises in professional indemnity matters arising out of the construction and engineering sectors, and has extensive experience as a mediator. Barbara Bolton is qualified in Scotland, England and New York, and handles a number of complex, cross-border professional negligence claims.

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Scotland: Private client

Contentious trusts and probate

Within: Contentious trusts and probate

Shepherd and Wedderburn offers ‘an outstanding level of service’ to clients engaged in trust and probate disputes. ‘Incisive’ Christopher McGill ‘clearly has a strong breadth of knowledge and an impressive level of professionalism’ and co-leads the practice alongside the head of commercial disputes, Guy Harvey. The group acts for private individuals and trustees, as well as institutional clients in a wide range of disputes and associated professional negligence actions and contentious private tax matters. Alastair Frood is advising siblings on the interpretation of a clause in their late father’s will, in relation to the wishes of another sibling, the eldest son who inherited the estate, to sell the property for development. Elaine Brailsford is acting on behalf of a partner in a farming business in a complex family dispute.

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