Education & Professional Qualifications
LLB, Ordinary & Diploma in Legal Practice, University of Edinburgh (1997 - 2000)
MA (Hons), Classics, University of St Andrews (1993 - 1997)
Professional Career to date
2007: Year of call
2006-2007: Devilling, with Jonathan Lake QC, Gary Allan QC and Robert Milligan QC
2005-2006: Senior Solicitor, Maclay Murray & Spens, Edinburgh
Construction & Engineering Dept - all aspects of contentious work.
2002-2005: Assistant Solicitor, Maclay Murray & Spens, Edinburgh
Construction & Engineering Dept - all aspects of contentious work.
2000-2002: Trainee Solicitor, Maclay Murray & Spens, Edinburgh and Glasgow
Worked in commercial property, intellectual property and construction & engineering departments.
Professional Experience
As a solicitor, Miranda was involved in several high-profile construction disputes in commercial actions in the Court of Session. These included the building contract/insolvency case of Melville Dundas (in receivership) v George Wimpey & Norwich Union (at Outer House and Inner House stages) and a long-running, multi-million pound road works contract dispute. In addition, she gained wide experience representing clients in the Sheriff Court and at adjudication. This has included successfully representing employer clients in an action for damages at first instance and on appeal to the Sheriff Principal and in adjudication in a dispute about defective works at a popular retail outlet centre in southern Scotland. Miranda also gained experience as a solicitor of advising internationally-based clients, including a dispute in respect of the refurbishment and upgrade of a client's drilling platform in Singapore.
Since calling to the Bar, Miranda has been instructed primarily in commercial actions in the Court of Session. A large part of her instructions relate to contractual and professional negligence claims arising from construction and engineering projects of all sizes. In addition, she has been instructed in cases involving boundary disputes and the implementation of missives, breach of interdict, breach of copyright and passing off, public procurement, jurisdiction and the application of the Brussels I Regulation, and the fairness of bank charges in terms of the Unfair Terms in Consumer Contracts Regulations 1999.
Courts & Tribunal Experience
Court of Session, Inner House; Court of Session, Outer House; High Court of Justiciary; Sheriff Court; Employment Tribunal; Mediation.
Cases
JA McClelland & Sons (Auctioneers) Limited v IR Robertson & Partners Limited and Vexamus Water (Scotland) Limited [2009] CSOH 11:professional negligence / breach of contract.
The pursuers, the operators of a livestock market, raised an action for damages against the civil engineers and, secondly, the manufacturers of an effluent treatment system, arguing that it was not fit for purpose. Lord Hodge's decision dealt with a motion for certification of skilled witnesses and an additional fee.
Norwest Holst v Carfin Developments [2008] CSOH 138; 2009 BLR 167; [2008] GWD 33-493: arbitration clauses and ICE conditions of contract.
Under a contract incorporating the ICE Conditions of Contract 5th edition, the engineer issued what the pursuers purported to be a certificate, on the back of which they sought payment from the defenders. The defenders moved for the cause to be sisted for referral to the engineer in terms of clause 66 of the ICE Conditions. The pursuers resisted the motion to sist on the basis that there was no dispute or difference capable of being referred to the engineer and moved for summary decree/decree de plano.The case involved the consideration of a Scottish line of authority bearing upon the question of when there is a "real" dispute.
CSC Braehead Leisure Ltd v Laing O'Rourke Scotland Ltd [2008] CSOH 119; [2009] BLR 49; [2008] GWD. 31-472: adjudication.
The pursuers sought enforcement of an adjudicator's decision awarding them £3.5 million in damages. The defenders argued that the decision was invalid on various grounds, requiring the court to consider the limited circumstances in which an adjudicator's decision is capable of being successfully challenged before the courts.
Breitenbucher v Wittke [2008] CSOH 145: jurisdiction.
Lord Brodie had to assess the meaning and effect of a jurisdiction clause in a contract under German law. The clause was purported to confer exclusive jurisdiction on the courts of Stuttgart, thereby trumping the jurisdiction of the Court of Session by virtue of the defender's domicile. The court had to consider evidence from an expert in German law as to the interpretation and effect of the clause under the laws of that country.