Hall Of Fame

Firms To Watch: Professional negligence

DAC Beachcroft Scotland LLP’s professional negligence offering was strengthened by the arrivals of specialists Alan Eadie and Lynne Cardow from BTO Solicitors LLP in October 2023.

Professional negligence in Scotland

Brodies LLP

Brodies LLP houses a ‘great team of knowledgeable and personable solicitors’, who excel in handling a broad range of professional negligence mandates for insurers, corporate companies and private individuals. Particularly active in the construction and real estate sectors, the practice regularly advises on construction and architecture disputes and negligent design claims, in addition to providing negligence advice concerning high-value transactions and claims against financial services. ‘Preeminent practitioner’ Alan Calvert leads the team and specialises in commercial, construction and financial lines disputes, while Alisdair Matheson handles claims both for and against construction professionals, accountants, surveyors and solicitors. Other key contacts in the group include Stephanie Barratt and James Jerman.

Responsables de la pratique:

Alan Calvert


Autres avocats clés:

Alisdair Matheson; Stephanie Barratt; James Jerman; Jo Kelbrick; Laura Fell


Les références

‘Alan Calvert and Jo Kelbrick make us feel as though we are in safe hands. They have taken the time to understand how our business operates and the ethos of how our business deals with clients.’

‘The team have extensive experience in professional negligence claims. They were professional throughout our work with them and knowledgeable of the detail within the case.’

‘Alan Calvert remains a preeminent practitioner, whose expert guidance is always on point and gratefully received.’

Clyde & Co

With considerable expertise in professional indemnity claims, the team at Clyde & Co acts on a range of high-profile public inquiries, claims relating to commercial property transactions and policy coverage disputes. Jointly led by Anne Kentish and Sarah Crewes, the practice also regularly defends corporate entities, private individuals, insurance companies and construction clients in damages, breach of contract and design negligence claims. Other key contacts in the group include Colette Finnieston and Rory Anderson.

Responsables de la pratique:

Anne Kentish; Sarah Crewes


Autres avocats clés:

Colette Finnieston; Rory Anderson


Harper Macleod LLP

The ‘strong and well-respected team’ at Harper Macleod LLP handles a broad range of matters, such as pursuing claims against professionals in the banking, financial services and insurance sectors, in addition to negligence claims against engineers, architects and surveyors. Praised as ‘thoroughly knowledgeable, highly professional and proactive’, David Kerr jointly leads the team alongside Sandy Hastie. Other key contacts in the group include John McHugh, who focuses on cases involving contractual, construction and corporate elements, E-Ming Fong and Andrew MacKenzie, who is commended as ‘intelligent and a formidable opponent’.

Responsables de la pratique:

Sandy Hastie; David Kerr


Autres avocats clés:

E-Ming Fong; Andrew MacKenzie; Adam de Ste Croix; Miranda Cannibal


Les références

‘Harper Macleod is an excellent Scottish firm, with a very strong and well-respected team. The department has real depth of talent.’

‘The team has in-depth experience in professional negligence matters. Their key strengths are their professionalism, proactive approach to their client’s cases, and extremely pragmatic and commercial advice. They are definitely market leaders in this field.’  

‘Adam de Ste Croix instills confidence and trust. He is a credit to the firm and the law profession.’

Principaux clients

Centenary 6 Limited


Sanctuary Housing Association


Harbour Homes Ltd


Shetland Islands Council


Arc Legal Insurances Ltd


CorpAcq Ltd


Coach Stores Ltd


Principaux dossiers


  • Advised Robert Kidd in a $350 million action against the purchasers of his shareholding in an oil & gas company and their solicitors based on an unlawful means conspiracy.
  • Represented Centenary 6 Ltd at proof in a £40 million loss of opportunity claim against TLT solicitors.
  • Advised Sanctuary in a substantial negligence dispute arising out of a large contract for energy improvement works to be carried out by E.ON Energy Services.

BTO Solicitors LLP

BTO Solicitors LLP counts contractors, engineers and architects among its key roster of clients, and is noted for its expertise in handling professional negligence claims arising out of the construction sector. Following the departure of former practice heads Alan Eadie and Lynne Cardow in October 2023, ‘first-rate professional negligence litigator’ Tim Edward leads the team and handles a broad range of negligence claims. Michael Collins is noted for his expertise in the construction sector, while Gillian Harman and Stuart Craig assist with professional liability cases.

Responsables de la pratique:

Tim Edward


Autres avocats clés:

Michael Collins; Gillian Harman; Stuart Craig


Les références

‘Tim Edward is a first-rate professional negligence litigator. He combines expert legal knowledge with a straight, no-nonsense andrealistic approach, all of which is delivered in an affable manner. He is communicative and easy to deal with.’ 

Principaux clients

RSA Group


Allianz Speciality and Global


Aviva plc


AXIS Specialty Europe SE


AXA XL


CFC Underwriting


Riverstone Management Ltd (formerly Brit Insurance)


Chubb Insurance Company of Europe SE


AIG Europe Limited


Markel International


DAS UK Group


Principaux dossiers


  • Advising a global technical services provider in connection with multiple PI claims, core participant involvement in a public inquiry and guidance on a police investigation concerning alleged design and construction defects, and resulting public health risks, relating to two major hospital projects.
  • Advising a Scottish educational institution and its insurers in the defence of a claim by a former student for discrimination in respect of religious beliefs under the Equality Act 2010.
  • Representing multiple parties (former company directors) in a potentially 8 figure D&O claim relating to alleged unlawful dividends/distributions made by a subsidiary company to support its struggling parent company.

Burness Paull LLP

Burness Paull LLP is well-placed to handle professional negligence disputes and regulatory investigations, and counts accountants, financial service professionals and construction companies among its key roster of clients. Under the leadership of ‘excellent litigatorAshley Jones, Meriel Miller and Louise McDaid frequently collaborate with the firm’s restructuring and insolvency team, handling contentious matters involving share and purchase agreements, high-value audit negligence and fraud cases.

Responsables de la pratique:

Ashley Jones


Autres avocats clés:

Meriel Miller; Louise McDaid


Les références

‘An excellent team, who are well-placed to draw on knowledge and experience across the full-service firm.’

‘Ashley Jones is an excellent litigator.’

CMS

Situated within the firm’s wider insurance and litigation practice, the professional negligence team at CMS handles a broad range of professional indemnity matters, particularly in the construction, engineering and renewable energy sectors. Graeme MacLeod jointly leads the team alongside ‘sophisticated negotiator’ Harriet Munro, who is regularly instructed to defend insolvency practitioners and insurance brokers. The team also regularly handles conspiracy to defraud and negligent advice claims. Praised as ‘forensic, analytical, and thorough’, Rowena Williams is another key contact in the group.

Responsables de la pratique:

Harriet Munro; Graeme MacLeod


Autres avocats clés:

Rowena Williams


Les références

‘Rowena Williams is an impressive associate with excellent attention to detail.’

‘Harriet Munro is excellent and a real star. She is highly attuned to the needs and wants of insurers, is a sophisticated negotiator, seeing and capitalising on opportunities for out-of-court resolution at all stages, whilst being unafraid to litigate to a conclusion.

‘Rowena Williams is highly capable, completely on top of all aspects of running complex litigation to advantageous conclusions.’

Principaux clients

QBE


Markel International


AIG


Ledingham Chalmers LLP


Riverstone


AXIS


Liberty Syndicate


AXA XL


WR Berkley


Munich Re


Thomas & Adamson


Principaux dossiers


  • Acted for the defender, a global firm of engineers, in a high-profile dispute concerning the impact of remediation of brownfield sites.
  • Acted for a leading Scottish law firm in a $300m conspiracy to defraud claim.
  • Advised an engineering firm in defending claims totalling £4m+ brought by an international hotel franchise and their landlord in relation to allegedly defective cladding installed on a landmark hotel development in Scotland.

DWF

The practice at DWF is jointly led by accredited professional indemnity specialist Lindsay Ogunyemi and mediator Alison Grant, who are praised as ‘highly experienced operators’. The team regularly represents major insurance and construction clients, and is noted for its expertise in liability and causation cases. ‘Dedicated’ Andrew McConnell acts for architects, structural engineers, M&E engineers and D&B contractors in construction claims.

Responsables de la pratique:

Lindsay Ogunyemi; Alison Grant


Autres avocats clés:

Andrew McConnell


Les références

‘A highly visible team with strength in depth at all levels.’

‘Andrew McConnell is very good, particularly in construction disputes. He quickly gets to the essence of even complex issues and delivers advice which is always sensible.’

‘Alison Grant and Lindsay Ogunyemi are highly experienced operators, who have a great understanding of the market.’

Principaux clients

RSA


Zurich


AIG


CNA Hardy


Tokio Marine HCC


Allied World


QBE


Starr Underwriting


Aviva


Kennedys

Kennedys’ ‘impressive’ professional negligence team acts for a wide range of construction and engineering clients in alleged defects, design negligence and related litigation cases. Gavin Henderson, who is ‘highly experienced in matters relating to construction and professional negligence’, leads the team. Other key contacts include ‘experienced practitioners’ Peter Demick, Ross Forrest and David Nelson.

Responsables de la pratique:

Gavin Henderson


Autres avocats clés:

Peter Demick; Ross Forrest; David Nelson


Les références

‘A very impressive team, with growing strength in depth and a strong portfolio of clients.’

‘Gavin Henderson, who is highly experienced in matters relating to construction and professional negligence.’

‘Legal specialists who have retained their client centric focus. You can’t litigate in a vacuum and this team understands the importance of stakeholder management and the commercial realities their clients are operating under.’

Principaux clients

QBE


Aye Waste Management Limited


Glasgow School of Art


Hulley & Kirkwood


Prater Ltd


Ayr Waste Management Limited


TLT

Counting banks and other financial services among its key roster of clients, TLT handles a broad range of professional negligence and public liability claims. With notable experience in pursuer claims, practice leader John Paul Sheridan showcases ‘excellent knowledge’ in residential lender and insolvency claims, in addition to breach of lending instructions across the UK. Litigator Louise Chopra is another key contact in the team.

Responsables de la pratique:

John Paul Sheridan


Autres avocats clés:

Louise Chopra


Les références

‘The professional negligence team at TLT Scotland provides an excellent client service. The team is friendly, approachable and efficient, and advice is always clear, detailed and considered.’

‘John Paul Sheridan has excellent knowledge of the sector and consistently provides advice of exceptional quality. John Paul is extremely helpful, knowledgeable and takes a proactive approach to achieving the best resolution for clients.’

‘TLT Scotland has considerable experience in professional negligence claims and they combine that experience with a quality service to clients.’