Education & Professional Qualifications
Member of the Faculty of Advocates
BCL, Oxford University (1995) - First Class (Pirie-Reid scholar)
LLB (Hons), Glasgow University (1991) - First Class (J Bennett Miller Prize winner in senior honours)
Professional Career to date
Devil Masters: Robert B.M. Howie QC, Gary J.G. Allan, QC.
2000: admitted to the Faculty of Advocates.
1995 -1999: solicitor in private practice.
Professional Experience
Commercial litigation
Garry is rated by Chambers UK Directory as a Band 1 junior for commercial litigation. According to Chambers (2011), he is possessed of "a fantastic intellect and a commercial mindset", and has "meticulous attention to detail and a comprehensive command of the law". In Chambers (2012) it is said that market sources "enthuse" about Garry. He is described as bringing his "encyclopaedic knowledge" to bear in dealing with cases.
The Legal 500 (2010) said that his "technical knowledge is probably second in Scotland only to that of the leading silks". Its 2011 edition commended his detailed knowledge of contractual matters which, it said, was balanced with a "commercial and pragmatic approach" to resolving disputes.
Garry has a considerable depth of experience in commercial litigation. He has advised and acted in disputes arising from numerous sectors of commerce, including those involving banking, commercial property, energy (including oil and gas), financial services, insurance, international sale of goods, and transport.
In addition, Garry acted in the $4 billion civil claim by the Pan Am liquidation trust and hull underwriters arising out of the destruction of the aircraft in the Lockerbie bombing. This is the biggest financial claim ever made in the Scottish courts.
Construction and engineering
Garry has acknowledged expertise in this area, and has acted for a number of high-profile employers, contractors, sub-contractors, construction professionals, and funders.
Since calling, Garry has appeared in a number of the leading construction cases in Scotland.
Chambers (2012) identified Garry as a "leading contstruction junior". He is said to be "exceptionally thorough and client-friendly". The Legal 500 (2011) identified Garry as a "key construction practitioner" at the Scottish Bar.
Company law and insolvency
Garry's practice in this area encompasses advisory and litigation work.
It covers areas such as acquisitions and disposals of companies, shareholder disputes (particularly unfair prejudice disputes; and also warranty claims), corporate and capital reorganisations, members' and creditors' schemes of arrangement, and capital reductions.
Garry appeared in the landmark case of Martin Currie Ltd, Petitioner, 2008 SLT 57, in which the court identified the modern approach to applications seeking confirmation of the cancellation of a share premium account. He was also instructed as sole counsel acting for Iberdrola SA in relation to its £12 billion takeover of Scottish Power plc. Garry also acted for Carlsberg/Heineken in relation to their £8 billion takeover of Scottish & Newcastle plc.
He also has extensive experience in the field of corporate insolvency. Chambers (2012) rates Garry as a Band 2 junior for restructuring and insolvency work, noting his considerable expertise.
Garry is also currently a standing junior counsel in Scotland for Her Majesty's Revenue and Customs.
Courts & Tribunal Experience
Court of Session (Inner and Outer House); Sheriff Court; arbitration; adjudication; public inquiries; fatal accident inquiries; mediation.
Appointments & Memberships
2011: member of Scottish Law Commission advisory group on formation of contracts
2010: member of Scottish Law Commission advisory group on interpretation of contracts
2009 (to date): appointed a standing junior counsel in Scotland for Her Majesty's Revenue and Customs.
2002 (to date): member of the advisory panel to the School of Law, University of Glasgow, on the law curriculum.
2002 (to date): member of the Law Reform Committee, Faculty of Advocates.
Cases
The undernoted cases can be accessed by using the following link:
http://www.scotcourts.gov.uk/opinionsApp/supreme.asp
Commercial law
Tor Corporate AS v China National Star Petroleum Corporation 2001 SC 314 (proper approach to security required for release of arrestment of an oil rig)
Cameron (Scotland) Ltd v Melville Dundas Ltd 2001 SCLR 691 (contractual interpretation issues)
Stiell Facilities Ltd v Sir Robert McAlpine Ltd 2001 SLT 1229 (title to sue issues in the context of arrestments on the dependence)
Barry D Trentham Ltd v Lawfield Investments Ltd 2002 SC 410 (effect of ECHR on inhibitions on the dependence)
McLaren Murdoch and Hamilton Ltd v The Abercromby Motor Group Ltd2003 SCLR 323 (leading Scottish case on legal "black hole"/Panatown issues)
Farrans Construction Ltd v RMC Ready Mix Concrete (Scotland) Ltd, 27th February 2004 (dispute relating to supply of materials to a large tunnelling project)
E&J Glasgow Ltd v UGC Estates Ltd [2005] CSOH 63 (contractual interpretation of development agreement; contractual waiver; Royal Brompton issues)
Martin Currie Ltd, Petitioner 2008 SLT 57 (approach to applications seeking confirmation of the cancellation of a share premium account)
R&D Construction Group Ltd v Hallam Land Management Ltd [2009] CSOH 128 & 2011 SC 286 (construction of land purchase contract and option agreement; enforceability of agreements to agree)
Baillie Estates Ltd v Du Pont (UK) Ltd 2010 SCLR 192 (correct approach to formation of a contract)
Construction and engineering
John Doyle Construction Ltd v Laing Management (Scotland) Ltd [2002] BLR 393 and [2004] BLR 295 / 2004 SC 713 (leading Scottish case on global claims)
Vaughan Engineering Ltd v Hinkins and Frewin Ltd 2003 SLT 428 (scope of potential challenge to adjudicators' decisions)
Barr Ltd v Law Mining Ltd 2003 SLT 488 (scope of potential challenge to adjudicators' decisions)
Deko Scotland Ltd v Edinburgh Royal Joint Venture 2003 SLT 727 (nature of adjudication process)
City Inn Ltd v Shepherd Construction Ltd 2003 SLT 885 (Bristol case) (notice provisions relative to extension of time claims)
Costain Ltd v Strathclyde Builders Ltd 2004 SLT 102 (leading Scottish case on natural justice issues relative to adjudicators' decisions)
APC Ltd (in receivership) v Amey Construction Ltd and others (the M6 Joint Venture), 23rd July 2004 (multi-million pound dispute arising from an earthworks sub-contract on a major roads project; contractual interpretation issues)
Emcor Drake & Scull Ltd v Edinburgh Royal Joint Venture and others 2005 SLT 1233 (existence, or otherwise, of a contractual warranty in the context of a major claim arising out of construction of the new Edinburgh Royal Infirmary)
APC Ltd (in receivership) v Amey Construction Ltd and others (the M6 Joint Venture) (No 2) [2005] CSOH 147 (proper measure of damages for a failure to complete works; degree of specification required for a claim of that type)
Royal Insurance (UK) Ltd v AMEC Construction Ltd [2005] CSOH 162 (legal "black hole"/Panatown issues)
City Inn Ltd v Shepherd Construction Ltd [2006] CSOH 94 (Glasgow case) (notice provisions relative to extension of time claims; analysis of waiver, acquiescence and personal bar in relation thereto)
City Inn Ltd v Shepherd Construction Ltd [2008] BLR 269 (Bristol case) (leading Scottish case on extension of time claims)
Royal Insurance (UK) Ltd v Amec Construction Ltd 2008 SC 201 (title to sue issues in the context of bare trust arrangements)
Spiersbridge Property Developments Ltd v Muir Construction Ltd 2008 SCLR 362 (right of contractor to recover bond monies obtained by the employer)
Robertson Construction Central Ltd v Glasgow Metro LLP [2009] CSOH 71 & 71A (proper construction of minute of agreement varying a building contract)
City Inn Ltd v Shepherd Construction Ltd [2010] BLR 473 (leading Scottish case on extension of time claims in construction disputes (reclaiming motion))
W H Malcolm Ltd, petitioner [2010] CSOH 152 (jurisdictional challenges to construction adjudicators; proper construction of TeCSA Rules)
Morgan Utilities Ltd v Scottish Water Solutions Ltd [2011] CSOH 112 (dispute regarding formation of major water infrastructure contract)
Publications
Fault in the Change of Position Defence 2006 JR 89
Duty of Care: Journey's End? 2000 SLPQ 423
Contributor to Employment Tribunal Practice in Scotland, Leslie, 2nd edn, 1998 (on company and insolvency aspects)
Contractual Structures and Duty of Care: An Alternative Analysis, 1997 SLT (News) 232
Change of Position in Scots Law, 1996 SLT (News) 139
Remoteness of Loss in Contract, 1995 SLT (News) 239
Directories
Garry is rated by Chambers UK directory as a Band 1 junior for commercial litigation and also in construction. He is recommended by The Legal 500 in the same areas. Garry is also rated by Chambers UK as a Band 2 junior for restructuring and insolvency work.