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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

David Young

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

Work Department

Commercial Dispute Resolution, Recoveries, Property Litigation, Social Housing, Banking and Finance, Insolvency and Corporate Recovery and Rural Business.

Position

Partner


David has a recognised technical ability in a range of areas combined with broad legal experience. Clients appreciate his sensible, determined and pragmatic approach to dispute resolution. With a particular interest in property based litigation, David is consulted by clients in matters such as property damage, boundary disputes, commercial leasing, title obligations, and housing law (public and private sectors).

He has for a number of years acted for some of Scotland’s largest property factors such as LPM and Speirs Gumley. With his profile increasing in the sector, he is a regular speaker at the annual conference of The Property Managers’ Association Scotland.

Court actions he has managed include: a significant indemnity claim against a Lloyds of London Syndicate (>£900,000); an action in relation to commercial premises which went before the Supreme Court (ELB Securities Ltd v Alan Love & Prestwick Hotels Ltd [2015] CSIH 67); a £1.3 million claim against Network Rail for the unauthorised construction of a SUDS pond on a client’s land; and the defence of a claim by a tenant for damages of £550,000 due to an alleged breach of a lease of commercial premises.

David is also an integral part of BTO’s renowned social housing team through which he acts for a number of major registered social landlords who include The Clyde Valley Group, Argyll Community Housing Association and Kingdom Housing Association. Highly regarded by the Senior Management teams and housing officers they appreciate that they can delegate day to day case management to him.

Examples of recent work: pursuing actions for recovery of possession of property and ASBOs against tenants due to antisocial behaviour; pursuing actions for recovery of possession of properties due to various criminal convictions of either, the tenant, the tenant’s partner or a visitor to the property; assisting Argyll Community Housing Association on a review of their antisocial behaviour strategy including public consultation; providing advice on an RSLs rights of forcible entry to property requiring consideration of Equality Act 2010, SQHS, Human Rights Act 1998; providing guidance on the legislative changes to procedures regarding travelling persons sites; revising tenancy agreements; implementing mid-market rent procedure for subsidiary and advising on management agreement between subsidiary and RSL; seeking the appointment of a curator ad litem to enable a recovery action to be raised against an incapax tenant.

Career

Trained Russel & Aitken (2004 – 2006); Qualfied (2006); BTO Solicitors LLP (2006 - present). Made partner in 2016.

Languages

English.

Education

University of Aberdeen LLB (Hons); University of Dundee Dip LP; Notary Public

Leisure

Rugby: West of Scotland FC (Club Captain 2009-2011) and Scottish Lawyers’ XV.  Enjoys helping out on the family farm and forestry business.


Scotland: Dispute resolution

Commercial litigation

Within: Next generation lawyers

David Young - BTO Solicitors LLP

Within: Commercial litigation

Dispute resolution is a major area of focus at BTO Solicitors LLP, whose high quality team fields 20 solicitor advocates. Robin Macpherson assisted Aikengall Community Wind Company Limited as the pursuer with settling a dispute with Storey Construction and AL Daines that had arisen over the construction of a 16 turbine wind farm. Jones QC and Jilly Petrie are representing AIG Insurance and the M74 Interlink Joint Venture in a high-profile land contamination claim brought by Esso. Dorothy Hatfield and others are representing Dooneen Limited t/a McGinness Associates in a potentially groundbreaking UK Supreme Court test case, which concerns the entitlement to PPI awards where there has been an intervening insolvency of the claimant. Paul Motion  acted for Trump International Golf Links Scotland in cases concerning derogatory material published on Facebook, as well as US and UK news outlets, and also worked with Laura Irvine to represent the same client in a data protection matter. David Young is particularly active in property litigation, including cases involving property damage and commercial leasing. Angus Crawford's wide-ranging expertise includes cases related to oil and gas, environment, construction and contractual disputes. Grant Hunter leads the team with Jones QC. Bill Speirs, Mark Morton and Sandra Cassells are other key figures. Tony Jones QC joined Brodies LLP.

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Debt recovery

Within: Debt recovery

BTO Solicitors LLP undertakes a sizeable volume of secured and unsecured recoveries work for banks and credit insurance companies, as well as Scottish, UK and international businesses. In addition to banking and financial services, the team (which is led by Grant Hunter) is particularly active in retail, property management and social housing. Other sector strengths include food and drink, and ports and marine. Dorothy Hatfield and others are acting for a PPI claim recoveries company and its client (which had succeeded in a PPI claim) in a UK Supreme Court case which concerns the entitlement to PPI awards where there has been an intervening insolvency by a claimant. Quarriers, Cigna Global Health and American Express Services Europe Limited are other notable clients. Hunter's team also includes David Young and consultant Robin Macpherson, who is an accredited insolvency specialist. Kirsteen Maclean has more than 10 years of debt recovery experience. Tony Jones QC joined Brodies LLP.

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Scotland: Real estate

Property litigation

Within: Next generation lawyers

David Young - BTO Solicitors LLP

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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Social housing

Within: Social housing

BTO Solicitors LLP has been engaged in the social housing sector for four decades, and its team has a first-rate reputation in strategically significant mandates. Karen Brodie, and associates Marieclaire Reid and Lesley Gray, have been advising Clyde Valley Housing Association Limited on the acquisition of a number of development sites as part of its ambitious development programme. The team has also acted for Southside Housing Association in various matters; Brodie is assisting the client with a community hub project, which will receive Big Lottery funding and will be taken forward with another local community organisation. Team head Patrice Fabien recently advised the same client on governance issues, including updates to its Code of Conduct for Governing Body Members, and on a response to a complaint by a bidder over the client's approach to a procurement exercise. Grant Hunter oversees the firm's RSL litigation work and is experienced in disputes arising from tenancy breaches, stock transfers and development projects. Caroline Carr and Marion Davis are accredited by the Law Society of Scotland as specialists in employment law and charities law respectively, while consultant Ann O’Connell is an accredited construction law specialist. David Young is knowledgeable about debt recovery, tenancy litigation, factoring and ASBOs. Sandra Cassels and Paul Motion are also recommended.

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