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BTO Solicitors LLP

48 ST VINCENT STREET, GLASGOW, G2 5HS, SCOTLAND
Tel:
Work 0141 221 8012
Fax:
Fax 0141 221 7803
DX:
GW96 GLASGOW
Email:
Web:
www.bto.co.uk
Edinburgh, Glasgow

Mark McCluskie

Tel:
Work 0141 221 8012
Email:
Web:
www.bto.co.uk
BTO Solicitors LLP

Work Department

Product Liability, Non Injury Insurance

Position

Associate and Solicitor Advocate

Based in the firm’s Glasgow office and working within the Insurance team, Mark specialises in insurance and commercial dispute resolution.  Working for general insurers, Lloyd’s syndicates, self-insured and private individuals on disputes arising across a range of insurance market sectors. His focus is predominantly on litigation arising from damage to property and providing insurance policy coverage advice. 

Mark’s recent work has involved investigating losses by fire, flood, explosion, contamination and escape of water and building liability evidence in claims involving defective products, services, design and construction and from the use and occupation of land.   Recent notable examples include:

  • solicitor for the liability insurers of a farmer in connection with £1 million claim arising from damage to the gas mains supplying the town of Dollar
  • solicitor for a fuel oil supplier in claims totaling £200,000 arising from an oil spill causing environmental damage to two properties
  • lead solicitor for an LPG supplier in litigation arising from an alleged failure of an automated fuel deliveries forecasting system
  • coordinating various claims against an LPG supplier involving personal injury and lead solicitor in litigation of the claim for property damage following an explosion at a domestic customer’s property
  • solicitor in a £1 million claim arising from a damage caused by a defective secant piled wall in an underground car park at Hindu Temple
  • lead solicitor in two claims totaling £600,000 following damage caused by vibration during construction of a Motorway passing through the centre of Glasgow.
  • lead solicitor in a £300,000 litigation for damage and financial losses caused by capacitors supplied as part of a power factor correction equipment system in a fish processing factory
  • lead solicitor in a series of supply chain litigations involving the supply of an electric heater which caused fire damage to a consumer’s home
  • solicitor in litigation involving non-disclosure by a commercial policy holder in relation to storm damage to a castle
  • provided advice to insurer in claim involving £250,000first party exaggerated claim following storm damage
  • solicitor providing advice to product liability insurers in a cross border contaminated food supply claim for 425,000 Euro
  • solicitor providing advice to public liability insurers in relation to a claim for damage to an offshore gas turbine
  • solicitor providing advice to public liability insurers in relation to a multiparty dispute involving damage to wind turbine blades at a port
  • lead solicitor in a £1.2m recovery litigation for property damage and BI against utility company following water leak damaging right on time clothing supply warehouse
  • lead solicitor in a £750,000 (est) recovery claim for property damage following damage to a leisure centre arising from a defectively installed sauna
  • solicitor in a £500,000 recovery claim for property damage following damage to a leisure centre arising from a defectively maintained sauna
  • assistant to Mark Morton on a £1m recovery litigation for damage to a hotel caused during a storm by an inadequately designed highway culvert
  • lead solicitor in a £500,000 recovery liigation for fire damage caused to a block of housing association properties following a fire within a scrap yard
  • lead solicitor in a litigated recovery claim for fire damage to “super school” owned by a Global equity fund
  • solicitor in a litigated recovery claim for an insured landlord against a fuel oil supplier whose spill of oil contaminated commercial properties
  • solicitor in litigation for recovery of damages against a neighbouring farmer whose crop spraying caused £250k of BI claims following the sale by our client’s insured of contaminated seed potatoes
  • solicitor in £400k recovery claim against tradesmen who set fire to an agricultural building whilst conducting adaptations.
  • lead solicitor in litigation for recovery of £150k against a kit building supplier arising from inadequate design of purlins to withstand design capacity for snow load

Career

Qualified Solicitor Advocate (civil) (2016)

Associate (2011-date); Snr Solicitor (2007-2011); Solicitor (2006-2007), BTO Solicitors LLP.

Work types have inclucded: Litigation, Insurance, Non-injury and Injury

Defender reparation; Working predominantly for one major UK insurer; Dealing with Sheriff Court and Court of Session actions; Motor recoveries; Dealing with litigated cases from instruction to resolution.  Case load comprising mainly RTA, EL and PL claims but also including product and animal cases.  Focus on identifying the key issues at the outset and bringing matters to an efficient and economic conclusion.

Solicitor, Allan McDougall & Co (2004 - 2006) 

Litigation, Pursuer reparation, Injury / Employment; Workload divided 60/40 between Reparation and Employment; Pre litigation, Sheriff Court and Court of Session Pursuer Reparation; Claimant Employment Tribunal work; Pursuer reparation work taking cases from intimation to resolution. Exposure to a broad variety of claims: RTA, slip/trip, EL and CICA; Experience included the preparation for and conduct of employment tribunal hearings.

Qualified (2004)

Trainee Solicitor, Allan McDougall & Co (2000 - 2002).

Pursuer reparation – 12 months; Family – 6 months; Court of Session Edinburgh Agent – 6 months; Traineeship focused exclusively on litigation work.  Providing a solid base of broad experience from which to build a career in litigation.

Member

Member of the Society of Solicitor Advocates

Education

University of Strathclyde, 1996-2000 – LLB Hons; Glasgow Graduate School of Law 2001 - 2002 – Diploma in Legal Practice

Leisure

Fitness and football.


Scotland: Real estate

Property litigation

Within: Property litigation

BTO Solicitors LLP, which fields six solicitor advocates, undertakes a comprehensive range of property disputes for insurance companies, property developers, property managers, registered social landlords and housebuilders, among others. David Young was the lead adviser to ELB Securities Limited (the owner of commercial premises on Buchanan Street in Glasgow) on a case which is the leading authority on the status of property disclaimed by the Crown during a time when a company has been struck off the register of companies. Bill Speirs, Jilly Petrie and others are acting for a large insurance company in a claim by William Grant & Sons, which arose from the collapse of the roofs of its warehouses as a result of heavy snowfalls in 2009 and 2010. Grant Hunter and Graeme Kelly are advising Pendragon Plc on a compensation claim at the Lands Tribunal, which relates to a CPO by Glasgow City Council to build a link road though the client's commercial premises in the east end of Glasgow. Mark Morton leads the team, which also includes consultant Robin Macpherson and Angus Crawford. Associates Mark McCluskie, Michael Collins and Jamie Reekie are also recommended. Tony Jones QC departed for Brodies LLP.

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