Leading Associates

Property litigation in Scotland

Brodies LLP

Brodies LLP’s real estate disputes team, comprised of ‘exceptionally talented’ lawyers, serves a wide array of clients across various subsectors such as investment, energy, retail, and hotels. Seasoned litigation expert Stephen Goldie leads the practice, acting for real estate funds, property companies, and national housebuilders. Matthew Farrell specialises in commercial landlord and tenant disputes, focusing on issues including dilapidations and property rights claims. Gareth Hale is an accredited mediator whose broad clientele includes institutional landlords, corporate occupiers, and housebuilders. Solicitor advocate David Ford handles disputes related to lease terminations, contested notices, and land ownership.

Responsables de la pratique:

Stephen Goldie


Autres avocats clés:

Matthew Farrell, Gareth Hale, David Ford


Les références

‘They are always professional and very diligent. They have the ability to put across complex legal matters in ways that a non-lawyer can understand.’

‘Matthew Farrell is always a pleasure to work with.’

‘They offer a personal service and really take the time to understand the client’s requirements. They have an incredible knowledge of the sector.’

Principaux clients

Eurofund and Henderson Park


Cala


Mileway


Orion Capital Partners


M&G


AXA


Ediston


Moorfield Group Limited


M7


KanAm


Principaux dossiers


  • Act for Henderson Park and Eurofund, providing all property litigation services for Silverburn Shopping Centre, Glasgow.
  • Acted for 24 Drury St Ltd in an action relating to the termination of a lease at commercial premises in Glasgow city centre.
  • Acted for HR 150 Limited in a Court of Session dispute relating to the transfer of obligations to successor landlords.

Burness Paull LLP

Burness Paull LLP is sought after for its expertise in handling a wide range of property litigation issues, from building defects, land purchases, and development disputes, to dilapidations, lease terminations, and contractual disputes. The practice is spearheaded by Alan McMillan, an experienced commercial litigator and accredited mediator. Stephen Farrell, promoted to partner in August 2023, specialises in the telecoms sector and brings additional expertise in landlord-tenant disputes. Steven Guild services the firm’s North East Scotland client base from Aberdeen, advising on issues such as option contracts, commercial leases, and boundary disputes.

Responsables de la pratique:

Alan McMillan


Autres avocats clés:

Stephen Farrell; Steven Guild


Les références

‘The Burness Paull team are my go to’Scottish law firm. The partners here are clever, easy to work with, commercial, and solutions-oriented. ’

‘Alan McMillan has a fantastic profile in the property litigation world and is very experienced.’

‘Burness Paull’s property litigation team seem to be involved in just about every important case in Scotland. They have a wide-ranging practice but in-depth knowledge in all areas of property litigation. They are the go-to firm for property litigation in Scotland.’

Principaux clients

Scottish Water


Vodafone


Cornerstone Telecommunications Infrastructure Limited


abrdn


Cala Homes


Neos Networks


PizzaExpress


Taylor Wimpey


Link Housing Association


London and Scottish Property Investment Management (LSPIM)


Principaux dossiers


  • Acted for Scottish Water in a major dispute over on-site infrastructure contributions.
  • Acted for Cornerstone against Marks & Spencer in a telecoms appeal to the Inner House of the Court of Session.
  • Acted for Ventgrove (a landlord) in a case concerning the validity of a break notice, in an appeal to the Inner House of the Court of Session.

Anderson Strathern

With solicitor advocate Fiona Stephen at the helm, the ‘exceptionally strong’ property litigation practice at Anderson Strathern supports a diverse array of commercial, private, and public clients. Stephen advises on a wide range of landlord and tenant claims, including issues like dilapidations and irritancy of leases. The team’s expertise extends to handling commercial contract and title disputes, as well as managing disputes for local authorities and housing associations.

Responsables de la pratique:

Fiona Stephen


Autres avocats clés:

Shirley Evans


Les références

‘An experienced team across the whole breadth of property litigation. A good team who are easy and enjoyable to work with.’

‘Fiona Stephen has first-class knowledge and a focus on what is practically achievable.’

‘Shirley Evans is noted for her experience and calm manner when any litigation gets challenging.’

Principaux clients

Transport Scotland


Intu Braehead Limited and Intu Braehead Leisure Limited


Intu Braehead Limited and Intu Braehead Leisure Limited


City of Edinburgh Council


East Lothian Council


Principaux dossiers


  • Advised Transport Scotland on a £22.8 million land compensation case in the Lands Tribunal for Scotland.
  • Advised Intu Braehead Limited on action to regain possession of Xsite, Braehead.

CMS

CMS caters to an ‘impressive array of clients’ including property developers, housebuilders, and shopping centres, as well as asset managers, public bodies, and utilities providers. The practice is led by Marc Armstrong, who expertly manages a full spectrum of real estate disputes including issues related to dilapidations, development contracts, fire safety defects, and the recovery of arrears. The firm saw the retirement of former practice head Alison Gow in December 2023.

Responsables de la pratique:

Marc Armstrong


Autres avocats clés:

Jennifer Love; Gordon Tsang


Les références

‘Marc Armstrong and his team have an excellent reputation in the property litigation field in Scotland. They are easy to work with during the course of a litigation, including during high-stress situations.’

‘Marc Armstrong in particular is easy to work with. He is trustworthy, hard-working and extremely reliable. Marc’s legal analysis is detailed, thorough and sensible.’

‘Gordon Tsang understands the nature of the client and offers both legal and practical solutions. He has saved our business a lot of money by recommending actions that we were not aware of. I would have no hesitation in recommending Gordon.’

Principaux clients

Edinburgh St James


Raeburn Place Development Limited/Raeburn Place Foundation


Landsec


Tandem Property Asset Management


Gemini Medical Care Ltd


Sapphire 15 Sarl and Sapphire 16 Sarl


Scottish Hydro Electric Power Distribution Plc


City of Edinburgh Council


Highlands and Islands Enterprise


Burns Pharmacy Limited


Principaux dossiers


  • Advised on disputes relating to the £1 billion investment at Edinburgh St James Quarter.
  • Instructed to defend SHEPD against a £1.3 million claim seeking payment of damages for loss incurred as a result of damage to power cables.
  • Defended the City of Edinburgh Council against a £4.78 million claim in the Lands Tribunal for Scotland.

Dentons

Dentons offers a ‘broad range of experience’ in property litigation, covering development, boundary, and commercial landlord and tenant disputes. Philip Knight, who joined the firm in September 2023 from Womble Bond Dickinson (UK) LLP, brings property litigation expertise to clients in the retail, banking, and energy industries. He co-leads the firm’s Scotland disputes practice alongside Craig Neilson. Fiona MacGregor is a solicitor advocate with extensive experience in handling insolvent tenants, break notices, and dilapidations.

Responsables de la pratique:

Philip Knight; Craig Neilson; David Payton; Louisa Caswell


Autres avocats clés:

Fiona Macgregor


Les références

‘Philip Knight is commercially astute and understands what is required from the court process.’

‘Fiona McGregor has particularly stood out not only for her expertise, but the way she has added value to transactions through positive challenge and a clear way forward.’

‘The Dentons litigation team tailors advice and looks beyond the instruction for other ways they can add value to transactions. They have a broad range of experience and always provide work to a high standard and ensure availability of resource.’

Principaux clients

Abrdn


Glasgow Prestwick Airport


JD Wetherspoon


John Lewis Partnership


M & G Real Estate


Marks & Spencer


Network Rail


Peel Retail Developments


Redevco


Royal Mail Group


Principaux dossiers


  • Instructed to defend Network Rail in a claim for compensation for £10m following compulsory acquisition of part of the Millennium Hotel, which has been lodged by the hotel’s owners in the Lands Tribunal for Scotland.
  • Advised TSB on its dilapidations liabilities under the leases of various branches in Scotland.
  • Instructed by JD Wetherspoon in relation to court proceedings at Kilmarnock Sheriff Court to enforce the landlord’s repairing obligations under a lease of a public house in Rivergate Shopping Centre, Irvine.

Pinsent Masons LLP

Directed by Jacqueline Harris, Pinsent Masons LLP focuses on dispute resolution, with significant experience in arbitration, mediation, and expert determination. The department’s recent engagements in court have involved cases such as property-related professional negligence, enforcement of missives, and dilapidation claims. Additionally, the team is adept at handling both onshore and offshore protestor actions, as well as issues related to the Electronic Communication Code, an area in which Steven Blane excels.

Responsables de la pratique:

Jacqueline Harris


Autres avocats clés:

Steven Blane; Kathryn O’Brien; Brian Grierson


Les références

‘Good team working on high-value matters.’

‘Pinsent Masons are very well-resourced and have one of the strongest property litigation teams in Scotland. They have very good depth of knowledge from the bottom to the top of their team. Certainly one of the top firms for high end property work, especially in the Court of Session.’

‘Good knowledge of property litigation in the insolvency sector.’

Principaux clients

Diageo Scotland Limited


Arqiva Limited


Stornoway Wind Farm Limited


Cellnex UK Limited


On Tower UK Limited


Principaux dossiers


  • Defended, on behalf of a drinks manufacturer, nuisance claims raised by a group of neighbouring land owners, including a lead action before the Court of Session.
  • Acted for a wind farm developer in an action against a number of crofters in an application for consent to a “scheme for development”.
  • Advised an operator under the Electronic Communications Code on access issues at sites across Scotland, including raising court proceedings for interdict.

Shepherd and Wedderburn

Shepherd and Wedderburn offers an ‘excellent range of legal advice’, with particular strength in the telecoms sector, where it supports the development of mobile telecoms property network infrastructure and manages litigation under the Electronic Communications Code. Colin Archibald chairs the property dispute resolution group, advising on landlord-tenant disputes, property contract disputes, and professional negligence claims. Stephanie Hepburn is a key point of contact for rural property disputes, bringing expertise in title condition, crofting, and residential tenancy disagreements.

Responsables de la pratique:

Colin Archibald


Autres avocats clés:

Stephanie Hepburn; Gina Johnston; Ben Shepphard


Les références

‘Shepherd and Wedderburn, in particular Stephanie Hepburn, has been exceptional. The attention to detail in everything has been above and beyond fantastic.’

‘A highly motivated and dynamic team which delivers results for clients.’

‘Colin Archibald has excellent industry knowledge and is well respected by his contemporaries.’

Principaux clients

British Telecommunications plc


Taylor Wimpey Group


Miller Homes Limited


EE Limited


Hutchison 3G UK Limited (H3G, or Three)


Mobile Broadband Network Limited


ScottishPower


British Land plc


RWE Renewables


Tarmac Trading Limited


Principaux dossiers


  • Acted for a FTSE 100 communications company in dispute with a developer.
  • Acted for H3G in an application to the Lands Tribunal for Scotland under the Electronic Communications Code for a new agreement for the occupation by H3G of a telecoms mast site.
  • Acted for MBNL on a range of property disputes in the context of its role in managing the telecoms mast site infrastructure that provides EE and Three’s network coverage.

Addleshaw Goddard

Under the leadership of solicitor advocate Simon Catto, the ‘commercially astute’ disputes practice at Addleshaw Goddard maintains a strong presence in the social housing, retail, and real estate spaces. Solicitor advocate Edward Gratwick is a key member of the team, regularly appearing in the Land Court, Lands Tribunal, Sheriff Court, and Arbitration proceedings.

Responsables de la pratique:

Simon Catto


Autres avocats clés:

Edward Gratwick; Patrick Campbell-Corcoran; Lynsey Walker


Les références

‘Commercially astute. Clear advice.’

‘Easy to deal with and approachable. Good depth of knowledge.’

‘The team is incredibly helpful, ready to explain complex concepts and procedures in ways that translate into business. ’

Principaux clients

Caudwell Properties (108) Limited


Unipol Student Homes


Ayrshire Housing


Highland and Islands Airports Limited


Ramsdens Financial Limited


Scotland Gas Networks plc


SSE PLC


Aldi Stores Limited


Campion Homes Limited


Sonder Hospitality UK Limited


Hazledene House Limited


Frankel Property Holdings (5) Limited and Frankel Property Holdings (6) Limited


Kelvin KBB Limited


Link Group Limited


Linstone Housing Association


Ferguslie Park Housing Association


Primark Stores Limited


Principaux dossiers


  • Advised Scotland Gas Networks on issues arising in connection with the location of its underground gas network.
  • Represented Hazledene House Limited in proceedings in the Court of Session to pursue damages arising from the state of condition of one of its properties following termination of lease.
  • Advised Linstone Housing Association on all legal matters in connection with its social housing stock.

Davidson Chalmers Stewart

At Davidson Chalmers Stewart, the ‘very experienced’ Sheila Webster leads a team adept at managing landlord and tenant disputes, including issues related to notice disputes, subletting applications, and dilapidations claims. Webster is also skilled at representing property developers in title and property contract disputes.

Responsables de la pratique:

Sheila Webster


Les références

‘A very strong team with a focus on commercial aims, not just litigation.’

‘Sheila Webster is very experienced and understands that litigation is just one option to resolve disputes. She understands the bigger picture and balances commercial, PR, and political aims with her legal advice.’

‘DCS as a firm has a highly regarded commercial property practice, and a property litigation team to match. They have developed an excellent skills base across their lawyers.’

Principaux clients

Radisson Hotel Group


Chris Stewart Group


Springfield Properties PLC


Rock DCM


Muir Group


Natural Assets Investments Limited


Woodland Renewables Limited


Tenant Farmers – RJ McMaster & Others


Story Homes Limited


Lothian Amusements Limited


Principaux dossiers


  • Instructed by Springfield Properties in multiple property and construction litigation cases, including the defence of a  Court of Session action for wrongful Interdict.
  • Instructed by Lothian Amusements in two Court of Session actions, involving the enforcement of obligations in relation to an apartment development in Portobello.
  • Acted for Natural Assets Investments following the involvement of a subsidiary company in the business at Cairngorm Mountain.

Gillespie Macandrew LLP

Gillespie Macandrew LLP regularly represents land and estate owners and housebuilders, focusing on landlord and tenant issues, commercial development, and strategic land disputes. The practice is led by Fiona Cameron, an accredited mediator with a track record in handling dilapidations, lease terminations, and title disputes. The team is experienced in acting for clients across various legal forums, including the Supreme Court, Sheriff Court, and Lands Tribunal.

Responsables de la pratique:

Fiona Cameron


Autres avocats clés:

John Stirling; Ross Taylor; Colin Hamilton


Les références

‘The team at Gillespie Macandrew is committed, thorough, and brings a wealth of experience and expertise which inspires confidence. They always make you feel as though you as a client are a priority and what matters to you matters to them as well.’

‘We have always received expert advice from Gillespie Macandrew and we are confident that they understand our requirements and present the options available to us in a clear and concise way.’

‘Ross Taylor not only seeks to offer legal advice but really assesses the issue at hand in relation to the interests of our particular business. He is professional and understands that when dealing with matters on our behalf, he not only is representing his own company but ours.’

Principaux dossiers


Harper Macleod LLP

Harper Macleod LLP supports clients with disputes related to commercial leases, title boundaries and conditions, access rights, and agricultural property. Sandy Hastie heads up the dispute resolution department, while Andrew Upton spearheads the real estate litigation division, regularly appearing in the Sheriff Court, Court of Session, Scottish Land Court, as well as the Lands Tribunal for Scotland. John McHugh is a key member of the team, bringing significant experience in acting for shopping centre landlords.

Responsables de la pratique:

Andrew Upton; Sandy Hastie


Autres avocats clés:

John McHugh


Les références

‘I believe Harper Macleod has a significant and sufficient number of partners and associates to be able to undertake cases requiring appropriate ranges of expertise.’

‘Our solicitor proved to be highly competent, diligent, focused and ready to pursue our needs to the fullest that the law would allow. We were provided excellent support and explanations regarding legal matters that we initially did not understand in order to frame and then successfully prosecute our case.’

‘Harper Macleod’s depth of talent sets them apart. No matter your requirements, they have the expertise to assist. ’

Principaux clients

Scottish Government


Forestry and Land Scotland


Energiekontor UK Ltd


National Car Parks Ltd


William Hill Organisation Limited


Halfords Limited


Cairngorms National Park Authority


J.G. Martin Plant Hire Limited


Shell Pensions Trustees Limited


City of Edinburgh Council


The Highland Council


NatureScot


Kuehne + Nagel


Wheatley Group


Link Housing Group Limited


City Property Glasgow (Investments) LLP


Principaux dossiers


  • Represented Denny Enterprises Int’l Limited and its director in three linked Court of Session actions arising out of alleged dilapidations of commercial premises.
  • Acted for Energiekontor Limited in a contractual dispute arising from its development of a new site close to Edinburgh Airport and its potential impact on radar systems.
  • Acted for Forestry and Land Scotland in an action for rectification of its land registered title where the omission of land impacts on the operation of a hydro scheme.

Lindsays

With a ‘wide range of in-house expertise’, Lindsays handles litigation for clients in the commercial property, agriculture, and residential sectors, with a particular focus on acting for commercial landlords and tenants. The practice is led by John Bett, who specialises in dilapidation claims, an area where Brian Pollack also brings significant experience. Additionally, Gregor MacEwan is adept at telecoms litigation.

Responsables de la pratique:

John Bett


Autres avocats clés:

Brian Pollock; Gregor MacEwan; Brent Haywood


Les références

‘The practice has a wide range of in-house expertise in property, litigation and banking matters in Scotland. Quick to highlight particular points of relevance and associated remedies at law.’

‘Brian Pollock is very clear in terms of explanation of litigation issues and recommendations. He is also careful to explain where expenditure on legal costs may be ill-advised.’

‘Lindsays’s property litigation team is a close-knit team that is able to give clients individual attention. They go that extra step to try to help the client get what they are looking for.’

Principaux clients

Scottish Water


CJ Lang & Son


Murthly and Strathbaan Estates


Hostelling Scotland


Scottish Association of Mental Health


Parkhead Housing Association


The University of Glasgow


Home in Scotland, Housing Association


Principaux dossiers


  • Instructed by Tecjet Limited and associated entities (including insurers) to pursue a multi-million pound claim in connection with damage to property relative to the Glasgow School of Art fire in 2018.
  • Instructed by Hutchison Technologies Limited in a series of  disputes in connection with the fit-out of office premises, including the successful defence of adjudication proceedings brought by a contractor and subsequent enforcement of the Adjudicator’s decision in Tayside Commercial Court.
  • Instructed by Crossroads Caring Scotland to provide a bespoke legal opinion on remedies relative to bona vacantia property, including, seeking a vesting order in the Court of Session.

Morton Fraser MacRoberts

Morton Fraser MacRoberts is well-equipped to advise on a wide range of matters including leasing disputes and dilapidations claims. Kenneth Carruthers leads the practice, with experience in disputes relating to land ownership, leases, and breaches of missives. In addition to regularly appearing in the Court of Session, Sheriff Courts, Lands Tribunal for Scotland, and the Scottish Land Court, Isobell Reid is also experienced in alternative dispute resolution. Lynsay Cargill supports commercial clients in landlord and tenant disputes and energy-related disputes.

Responsables de la pratique:

Kenneth Carruthers


Autres avocats clés:

Lynsay Cargill; Douglas Milne; Isobell Reid; Cameron Greig


Les références

‘Good strength in depth from Partner level down to junior solicitor level. The junior solicitors display a degree of confidence and autonomy that larger firms often lack.’

‘Lynsay Cargill is diligent commercial when it comes to advising on tactics in cases. Senior associate Cameron Greig will be a leader in the field in the years to come.’

‘The team has profound knowledge and awareness of the dynamics of the construction sector. They devise innovative solutions to complex problems.’

Principaux clients

Scottish Government


Tesco Stores Limited


Morrisons plc


Chisholm Hunter Limited


BAM TCP Atlantic Square Limited


Patrizia Hanover Property Trust


Persimmon Homes


HCC International Insurance Company plc (part of Tokio Marine HCC, a leading specialty insurance group)


Scottish Hydro Electric Power Transmission plc


Moray Council


Principaux dossiers


  • Acted for BAM TCP Atlantic Square Limited in a dispute regarding ownership of commercial property in Glasgow’s International Financial Services District.
  • Acted for Transport Scotland in relation to claims for compensation arising from the compulsory acquisition of land for major road projects including the Aberdeen Western Peripheral Route and Balmedie to Tipperty scheme.
  • Acted for Scottish Hydro Electric Power Transmission in relation to the 58km replacement 132kV transmission line from Harris to Stornoway in the Western Isles.

BTO Solicitors LLP

With ‘knowledgeable expertise in a wide spectrum of property litigation’ matters, BTO Solicitors LLP acts for developers, landlords, and commercial tenants. Will Cole spearheads the department, with recent instructions including dilapidations, leasing, land option, and land sale disputes. Grant Hunter is another key member of the team, regularly advising on disputes related to site acquisitions and development projects.

Responsables de la pratique:

Will Cole


Autres avocats clés:

Grant Hunter; Angus Wood


Les références

‘BTO Solicitors LLP’s Property Litigation Practice offers a distinctive blend of expertise, client-centred service, and innovative solutions that truly set it apart in a crowded field. Potential clients should be aware of the team’s robust capabilities in handling a wide array of property disputes, its adeptness at navigating complex legal landscapes, and its commitment to achieving favourable outcomes.

‘The individuals within BTO’s Property Litigation team are remarkable not only for their legal expertise but also for their personal dedication to client service. They exhibit a level of attentiveness and commitment that goes beyond the norm, setting them apart from competitors.

‘The firm has built up experienced and knowledgeable expertise in a wide spectrum of property litigation, strengthened by the recruitment of several highly regarded litigators in recent years.’

Principaux clients

GAT Investments Limited


Be-IT Resourcing


George and Donna Elliott


Ocean Outdoor


Hallam Land Management


Commercial Estates Group Limited


Rockford Trilogy Limited


Quarriers


Residential Management Group Scotland Limited


Glasgow Maritime Academy LLP


James Gibb Property Management Limited


CDR Holdings (Scotland) Limited


LCP Properties Limited


Principaux dossiers


  • Acted for GAT Investments in a dilapidations dispute regarding a former credit card processing centre.
  • Acted for Ocean Outdoor in connection with a dispute regarding an agreement to lease a 131 ft tall advertising totem at Glasgow Airport.
  • Acted for Rockford Trilogy in a dispute concerning the application of the doctrine of tacit relocation in the extension of commercial leases.

DLA Piper

DLA Piper fields a team of ‘excellent lawyers’ who handle a broad range of property issues across the residential, commercial, and retail sectors. With a focus on commercial property and commercial lease disputes, practice head Alistair Drummond’s expertise encompasses a variety of critical issues including dilapidations, landlord’s consent, and the enforcement of missives.

Responsables de la pratique:

Alistair Drummond


Autres avocats clés:

Jennifer Talbot; Tony Holloran


Les références

‘Alistair Drummond is highly experienced and respected in the industry.’

‘DLA offers a team with excellent lawyers who are committed to providing the highest standards of legal advice.’

‘Tony Holloran gives 100% to every case that he works on, providing focused commercial advice in the relevant context.’

Principaux clients

The Engine Yard (Places for People)


NatWest


The Coal Authority


Punch Partnerships (PTL) Limited and Punch Taverns (Jubilee) Limited


Scottish & Newcastle Limited


Charles Henshaw and Sons Limited


Principaux dossiers


  • Advised Scottish & Newcastle Limited on a lease dispute worth over £35 million.
  • Represented the Coal Authority in a claim raised in the Lands Tribunal for Scotland by Diageo, relating to damage to a bonded warehouse and sinkhole that has appeared on Diageo’s land.
  • Advised on a dilapidations claim relating to premises leased by NatWest in an industrial unit in Livingston.

DWF

With solicitor advocate Lauren Rae at the helm, DWF advises clients in the retail, telecoms, and real estate industries. Rae brings a wealth of experience in representing clients across a wide range of forums, including the Sheriff Court, Lands Tribunal, and the Court of Session. Ursula Currie enhances the team’s capabilities with her expertise in landlord and tenant disputes, variation of title conditions, and breaches of contracts.

Responsables de la pratique:

Lauren Rae


Autres avocats clés:

Ursula Currie; Nikki McAtier


Principaux clients

Marks and Spencer Plc


Orkney Islands Council


BT Group Plc


The Highland Council


Aberdeenshire Council


Aberdeen City Council


EE Limited


Mowi Scotland Limited


Travis Perkins (Properties) Limited


Next Holdings Limited


Principaux dossiers


  • Instructed by MBNL (a joint venture of 3 and EE) concerning multiple sites where it is looking to obtain rights under the Electronic Communications Code.
  • Acted for Mowi Scotland Limited in defence of an action for interdict and declarator in respect of a purported servitude of access.
  • Provided Next with a variety of advice in respect of its retail premises in Scotland, including in respect of its repairing obligations under their leases and related matters in respect of sub-tenants.