Professional Experience

Garry Borland QC specialises in commercial law, including disputes relating to commercial contracts, commercial property, company law and insolvency, construction and engineering, and energy.

Garry is rated by Chambers UK Bar directory as a Band 1 silk for commercial litigation; for construction; and also for restructuring and insolvency work. He is recommended by The Legal 500 for company and insolvency work, and also in construction. The 2017 edition of Chambers describes him as "Super bright"; "One of the most technically gifted advocates around"; "His eye for detail and clarity of delivery are superb"; "a standout advocate"; "he has a speed and accuracy of analysis that few can match"; "an excellent strategist"; "unrivalled in his ability to immerse himself in the complexity of cases╩║.

Companies Garry has acted for include: ABB, Aker, AMEC, Andritz, Balfour Beatty, Bilfinger Berger, BP, Bouygues, Cairn Energy, Carillion, Carlsberg/Heineken, ConocoPhillips, Galliford Try, Grant Thornton, Iberdrola, Kier, Laing O'Rourke, Lend Lease, Martin Currie, Sir Robert McAlpine, Morgan Sindall, Ryder System, Ryder Cup Europe, Scottish Power, SSE, Scottish Widows, Shepherd Construction, Spie Matthew Hall, Stora Enso, Tesco and Va Tech Wabag.

Commercial litigation

Garry is rated by Chambers UK legal directory as a Band 1 silk for commercial litigation.

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.

In doing so, he has acted in relation to a very wide variety of construction related claims, including disputes regarding payment, extensions of time, disruption, and professional negligence.

Since calling, Garry has appeared in a number of the leading construction cases in Scotland.

Garry is rated by Chambers UK legal directory as a Band 1 silk for construction matters, and is rated by The Legal 500 in the same area.

Company law and insolvency

Garry's practice in this area encompasses advisory and litigation work.

Chambers UK legal directory identifies Garry as a Band 1 silk for restructuring and insolvency work. He is rated by The Legal 500 in the same area. Garry's practice 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.

Garry was also a standing junior counsel in Scotland for Her Majesty's Revenue and Customs from 2009 to 2012.

  • Case History

    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 Ltd 2003 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) Ltd2010 SCLR 192 (correct approach to formation of a contract)

    McMullen Group Holdings Ltd v Harwood, [2011] CSOH 132 (proper construction of share purchase agreement)

    Credential Jersey Ltd v DLA Piper Scotland LLP
    [2012] CSOH 96 (applicability, or otherwise, of the no reflective loss principle to a claim by holders of units in a unit trust)

    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)

    Secretary of State for Defence v Turner Estate Solutions Ltd [2014] EWHC 244 (TCC) (serious irregularity appeal under the Arbitration Act)

    Charles Henshaw & Sons Ltd v Stewart & Shiels Ltd, [2014] CSIH 55 (appellate court consideration of enforcement of adjudicators' decisions)

    Martifer UK Ltd v Lend Lease Construction (EMEA) Ltd [2015] CSOH 81 (status of documents touching on programming issues)

  • Courts & Tribunals

    Court of Session (Inner and Outer House); Sheriff Court; arbitration; adjudication; public inquiries; fatal accident inquiries; mediation.

  • Appointments & Memberships

    2013: member of the Scottish Law Commission advisory group on third party rights in contracts

    2011: member of Scottish Law Commission advisory group on formation of contracts

    2010: member of Scottish Law Commission advisory group on interpretation of contracts

    2009-2012: standing junior counsel in Scotland for Her Majesty's Revenue and Customs

  • 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

    Commercial litigation

    Garry is rated by Chambers UK Bar directory as a Band 1 silk for commercial litigation. The 2016 edition says of Garry that he is "one of the most technically gifted advocates around. His eye for detail and his clarity of delivery are superb." It also said that, "He is renowned for his knowledge and attention to detail", and "Meticulous in preparing for cases, court appearances and meetings. He is also user-friendly and flexible."

    The 2015 edition said of Garry that, "His thoroughness is exceptional. On his feet, he is exceptionally good, and always well prepared." It also said, "He has an ability to immerse himself in the detail of large cases, which makes him a great choice for cases of particular complexity."

    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. In the 2013 edition, it is noted that solicitors praise Garry for his “mastery of the law”. They also say, “you can always be sure that he won’t miss a thing”. Chambers 2013 also describes Garry as a “standout... on cases of high value or complexity”. The 2014 edition stated that he is a "standout... for commercial cases of particular complexity" and is "highly regarded".

    The Legal 500 commended his detailed knowledge of contractual matters which, it said, was balanced with a "commercial and pragmatic approach" to resolving disputes.

    Construction

    Garry is rated by Chambers UK directory as a Band 1 silk for construction. Its 2016 edition says, "He really is as good as it gets for complex construction cases", and "He is incredibly bright and inspires confidence in clients."

    The 2015 edition said that he is known as the "go to" for complex construction work. "He has strong technical skills and is an able and confident advocate." "He has a very thorough, analytical brain". His "practical, hands-on approach is praised by instructing solicitors".

    Chambers (2012) identified Garry as a "leading" construction advocate. 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. The 2013 edition of Chambers identified Garry as a Band 1 counsel in Scotland for construction work. It described him as “very bright and hard working”. He is also said to be “extremely thorough and gets on well with clients”. Chambers noted Garry’s “very impressive grasp of the detail in a case”, and said that he offers “a good commercial overview and is always very clear in his thinking”. The 2014 edition of Chambers again identified him as a Band 1 counsel in Scotland in this area of work. It described Garry as a "standout... counsel for construction disputes in Scotland". He is said to combine "a truly forensic attention to detail with superb advocacy skills", and to have "exceptional depth and breadth of expertise" in this area.

    The Legal 500 (2015) described Garry as "Strong on his feet", whilst its 2014 edition described Garry as "An able and confident advocate with strong technical legal skills".

    Restructuring and Insolvency

    Garry is rated by Chambers UK directory as a Band 1 silk for restructuring and insolvency work. The 2016 edition says that Garry is a "noted" counsel in this area who "is very approachable, methodical and can do things last minute." 

    Its 2015 edition said that, "He is excellent in all respects; flexible, attentive to detail, and impressive in court." It also noted his "wide ranging experience in insolvency and restructuring issues".

    The 2013 edition of Chambers identified Garry as a Band 1 counsel for restructuring and insolvency work, noting that he is “highly recommended” in this field. Chambers 2014 described him as "very accomplished" in this area. His advocacy skills and considerable experience in this sphere are said to "make him a go to for contentious insolvency matters".

    The 2016 and 2015 editions of the Legal 500 both refer to Garry's experience in this area, noting that he is "Highly experienced in a wide range of insolvency and restructuring issues". The 2014 edition described Garry as "Excellent, thorough" and "impressive in court".

Professional Career to date

2014: appointed silk.

2014: called to the English Bar (Middle Temple). Practising member of 4 New Square, Lincoln's Inn, London.

2000: admitted to the Faculty of Advocates.

1995-1999: solicitor in private practice.

Education & Professional Qualifications

Member of the Faculty of Advocates.

Barrister, England.

BCL, Oxford University (1995) - First Class (Pirie-Reid scholar).

LLB (Hons), Glasgow University (1991) - First Class (J Bennett Miller Prize winner in senior honours).