Commissioners for Her Majesty’s Revenue and Customs v P Ltd. [2022]
Lead Counsel in defending 40 Million GBP alleged VAT fraud in the High Court of Justice, (Chd) involving defending injunctive relief applications/ Mareva Injunction, Insolvency, Part 8 Claim and international cross-border jurisdictional issues.
ICC Arbitration (London). ABC (Montenegro) Ltd v CDE Investments DOO. [2020/2021/2022]
Lead Counsel in multi-million euro claim by firm of international architects re payment of outstanding notices including €49 Million counterclaim including allegations of delay and prolongation issues as well as preliminary debate on Article V (2b) of New York Convention, United Nations Convention on Recognition and Enforcement of Foreign Arbitral Awards 1959.
French Ministry for Social Security and Ministry for Labor, Social Affairs and Solidarity (rep URSAAF) in the case of re Ski Coach Ltd, (2017).
Mediation Lead Counsel representing the interests of an English registered Ski Company based in France in negotiations to trade and employ workers with equivalent qualifications to operate in terms the EU Directive 2005/36/EC.
Institute of Chartered Accountants of Scotland (ICAS) v. R.B. [2016]
Lead Counsel representing a Chartered Accountant before the Institutes disciplinary tribunal charged with professional misconduct, resolving in a mediated and agreed settlement.
Rangers Football Club Police Inquiry re B.S.; [2015/2016].
Lead Counsel representing B.S., a former Director of RFC in relation to extended investigation by National Police authorities: countering, mediating and ultimately negating all allegations of participation and involvement in fraudulent takeover of the Club, resulting in no prosecution against Client.
French Ministry for Social Security, and Ministry for Labor, Social Affairs and Solidarity (rep URSSAF) in the case of re T.A. Ltd, (2016).
Mediation Lead Counsel representing the interests of an English registered Mountain Bike Company based in France in negotiations concerning taxation liability and equivalent qualifications to trade in terms the EU Directive 2005/36/EC.
Civil Appeal Court Reported Decisions
Extra DIVISION, INNER HOUSE, COURT OF SESSION. [2014] CSIH 34.
THE FIRM OF S & A KILCOYNE v. KENNETH PATULLO AS INTERIM JUDICIAL FACTOR ON THE ESTATE OF THE LATE MOHAMMED SADIQ.
Junior Counsel acting for Appellant in capacity as interim judicial factor- Partnership Dispute 1890 Act, appeal raised questions of recoverability and mitigation of damages, interest on capital and damages award calculation and resolution of ancillary commercial dispute.
Domiciliary Care (Scotland) Limited v The Lord Wallace of Tankerness, QC, The Advocate General for Scotland, Outer House Court of Session, [2013/2014].
Junior Counsel in a long running damages action against a local authority who had refused to renew authority to permit the Pursuer continuing with the business of operating a care home staffing business based on maliciousness and oppression.
Simon Butler v British Association of Ski Instructors, Judicial Review and ancillary damages action, Outer House Court of Session. [2014/ 2015/ 2016].
Junior Counsel in long running judicial review petition (including successful action for suspension and interdict), raised by a UK national ski-instructor, denied official recognition by his Scottish based professional body: involving multiple references to EU law and the employment rights of citizens under EU directive 2005/36/EC, and consideration of jurisdictional issues and pleas of oppression.
GLASGOW CITY COUNCIL Petitioner; Outer House, Court of Session [2013] CSOH.
For Judicial Review of refusal by the Principal Reporter to arrange a children’s hearing. – lead Counsel on behalf of interested party in Children’s Act judicial review petition concerning jurisdictional issues.
D.M. v J.M. and THE W TRUSTEES LIMITED and K.B. (AS LEGAL REPRESENTAIVE OF R.M., S.M. AND J.M.) OUTER HOUSE, COURT OF SESSION [2011] CSOH 339.
Junior Counsel for defender (3rd), in a Divorce action with ancillary application for a capital sum and the setting aside and reduction of various transactions whereby the first defender provided funds and assets to the second defenders for the purpose of the acquisition of heritable property and thereafter management of the estate and to application to ordain the second defenders to repay or restore to the first defender said Estate, funds and assets.
R.A.B v M.I.B, Outer House Court of Session [2010] CSOH 160.
Junior Counsel in cross border jurisdiction argument re Divorce and Child residence. Incidentally the first Scottish Civil “mixed-doubles” case between a Senior Advocate leading and a Solicitor-Advocate acting as Junior. This matter followed from the proceedings in the Court of Appeal decision in B v B [2004] 2 FLR 741.
EXTRA DIVISION, INNER HOUSE, COURT OF SESSION
[2014] CSIH 94 XA40/2014
Lead Solicitor (for third Solicitors), acting in Appeal Court application which raised a point of general interest regarding how the Scottish Legal Complaints Commission deals with competing versions of events at the point of sifting Complaints, and particularly in determining whether all or part of a complaint is ‘totally without merit’ in terms of Section 2(4) of the 2007 Act. Specifically, the practice of the Scottish Legal Complaints Commission in accepting the terms of Solicitors’ File Notes without ascertaining whether these are agreed by the Complainer may represent an unfair method of dealing with that part of a complaint
Unreported cases of note.re section 51(1) of the Children (Scotland) Act 1995
X.W. (a child) Elgin Sheriff Court [2012]
Lead Solicitor acting in lengthy (12 week) evidential hearing in terms of a Children (S) Act enquiry – issues surrounding Shaken Baby Syndrome allegations and questions of proof involving significant medical dispute on causational issues of injury; osteogenesis imperfecta versus non accidental injury.
W.D. (Relevant Person). Glasgow Sheriff Court, and The High Court of Justiciary [2009/ 2010/ 2011/ 2012]
Lead Solicitor acting for the accused in multiple Sheriff Court evidential Proof hearings, culminating in a prosecution on indictment before the High Court of Justiciary, with multiple children’s referral enquiries on charges of historic child sexual abuse allegations including assault, multiple rape, abduction and multiple physical abuse charges.
K.S. (a child), Paisley Sheriff Court [2008]
Lead Solicitor in lengthy evidential hearing in terms of a Children (S) Act enquiry into allegations of Shaken Baby Syndrome culminating in a referral proof involving significant medical dispute on causational issues of injury surrounding osteogenesis imperfecta and non-accidental injury.
Inquiry into the circumstances of the death of A.K. (a child) in terms of section 6 of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 [2012].
Lead Solicitor acting in long running inquiry into suspicious death of a child in Local Authority care; issues of heroin abuse, conflicting toxicological evidence, sexual abuse and post mortem evidence.
