Professional Experience

Scott called to the Bar in 2014 as a Lord Reid and Faculty Scholar and quickly developed a busy and wide-ranging practice with a focus on commercial contract, professional negligence and construction project litigation. He is ranked in Chambers UK Bar 2018  as an "up and coming" junior.

Scott regularly appears in the Commercial Court, Outer House and Sheriff Court on behalf of banks, contractors, insurers, property companies, professional advisers and insolvency practitioners. He is frequently instructed to draft and present applications in relation to insolvency proceedings in both the Court of Session and Sheriff Court. He has experience of appearing and conducting proceedings in courts and tribunals at all levels.

Prior to calling to the Bar, Scott practiced as a solicitor with two well-known firms specialising in commercial and insurance related litigation.

Scott is a tutor in civil litigation at the University of Glasgow and a member of the Faculty of Advocates’ public communications, assessment and reparation sub-committees.

  • Case History

    Reported Cases

    Muir Construction Limited v Kapital Residential Limited - Commercial Court action concerned with the validity of a Pay Less Notice and the operation of waiver under a construction contract. https://www.scotcourts.gov.uk/docs/default-source/cos-general-docs/pdf-docs-for-opinions/2017csoh132.pdf?sfvrsn=0  

    AWG Business Centres v Regus Caledonia Limited - Commercial Court & Inner House proceedings concerned with liabilities under service charge provisions arising from a suite of commercial leases  https://www.scotcourts.gov.uk/search-judgments/judgment?id=741e19a7-8980-69d2-b500-ff0000d74aa7 https://www.scotcourts.gov.uk/search-judgments/judgment?id=23772ca7-8980-69d2-b500-ff0000d74aa7

    Politakis v Spencely & James Scott Engineering - Sheriff Court & Sheriff Appeal Court proceedings concerned with the liability of an arbiter to a party in a long running commercial arbitration and questions arising regarding the operation of CVAs and assignations together with prescription https://www.scotcourts.gov.uk/search-judgments/judgment?id=df8710a7-8980-69d2-b500-ff0000d74aa7 http://www.scotcourts.gov.uk/docs/default-source/sheriff-appeal-court-(civil)/2017-sac-(civ)-019.pdf?sfvrsn=2

    Fishers Services v All Thai'd Up Limited & another 2013 SLT (Sh Ct) 121 - Appeal to Sheriff Principal concerned with the jurisdiction of the court to entertain an action based upon "place of performance" of a payment obligation https://www.scotcourts.gov.uk/search-judgments/judgment?id=edce86a6-8980-69d2-b500-ff0000d74aa7

    Commercial litigation

    Acting for pursuer (with Garry Borland, QC) in relation to a £6m action in the Commercial Court concerned with the operation of a complex IT services contract.

    Acting for pursuer (with Roddy Dunlop, QC) in £1.5m action in Commercial Court for indemnity by hotel owners against insurer following large scale fire at a well-known hotel.

    Acting for the pursuer (with Jonathan Lake, QC) in action against local authority under the Riotous Assemblies (Scotland) Act 1822 following a pitch invasion at the Scottish Cup Final.  

    Acting for foreign trustees (with Craig Sandison, QC) in cross-jurisdictional insolvency recognition proceedings concerned with a complex international bankruptcy.

    Acted for the pursuer (with Garry Borland, QC) in £1.5m multi-party Commercial Court action concerned with failure of industrial drying equipment under PFI contract.

    Acting for pursuers in trade mark infringement and passing off action in the IP Court concerned with ophthalmic care products and services.

    Instructed by insurance brokers in damages action in the Sheriff Court concerned with inducement and conspiracy relative to breach of restrictive covenants by former employee.

    Acted for the tenant in the Commercial Court and Inner House (with Mark Lindsay, QC) in action concerned with the construction of service charge provisions relative to latent defects in a suite of commercial leases.

    Instructed by a local authority in a £9m Court of Session action concerned with claim for alleged disruption of contractual opportunity in relation to harbour operations.

    Instructed by an international hotelier to advise on the construction of rent review and change of use provisions in lease in dispute with landlord.

    Instructed by pension fund to advise on the construction of a guarantee and assignation arising from a commercial lease and scope for foreign diligence.

    Instructed in Commercial Court interim interdict proceedings in relation to a dispute between large scale marine farmers over salmon stock.

    Acting for pursuer in Commercial Court action concerned with liquidate damages following termination of contract of hire of recycling equipment.

    Acted for petitioner in interim interdict proceedings in relation to property over-sail in delivery of large wind turbines.

    Acting for the petitioner in obtaining interim interdict in relation to the construction of recycling facility in breach of provisions of lease governing erection of structures in vicinity of wind turbines.

    Acted for contractor in £1.5m breach of contract claim in Commercial Court concerned with termination of large scale recycling services contract with local authority.

    Professional negligence & liability

    Acting for solicitors in defending claim arising from the litigation of a construction dispute and the operation of a non-assignation clause.

    Instructed for solicitors in defending "loss of chance" claim by former clients concerned with the failure of a commercial leasing transaction.

    Instructed on behalf of solicitors in professional negligence action concerned with lack of procurement of standard securities in commercial loan transaction and questions of reduction of loss through subsequent events.

    Instructed on behalf of solicitors in professional negligence action in the Sheriff Court concerned with variation of minutes of agreement, prescription and ex turpi causa rule.

    Instructed on behalf of well-known arbiter in defending action for damages relative to conduct of a long running commercial arbitration.

    Instructed on behalf of insurance brokers (with Shona Haldane, QC) in defending damages action arising from operation of average clause in commercial insurance policy.

    Acting for pursuers in £900k Court of Session damages action re advice by company accountants in relation to group restructuring and hive-up of assets resulting in contested liquidation and litigations arising from the same.

    Acting for the bank in defending action for damages in relation to the purported mis-selling and negligence in the sale of life insurance products.

    Acted for the Chief Constable in defending action for damages relative to alleged police assault and failure to investigate in purported breach of common law and Convention rights.

    Instructed by well-known chain of pharmacists in Court of Session action for damages arising out of alleged over-prescription and over-dispensation of medication.

    Construction and Engineering

    Acting for a multi-national engineering company in two large-scale multi-million pound claims arising out of the operation of Scottish PFI contracts.

    Instructed for contractor in multi-million pound claim by employer arising from the design and build of a marine facility.

    Acting for contractor in a multi-million pound claim by a local authority arising from the upgrade of a leisure centre facility.

    Acting for main contractor in relation to payment dispute arising out of the construction of a new wind farm facility.

    Acted for employer (with Garry Borland QC) in £10m multi-party construction project dispute in the Commercial Court relative to defects in local authority leisure centre.

    Acting for principal contractor (with Garry Borland, QC & Heriot Currie, QC) in £2m extension of time/loss and expense claim in the Commercial Court against principal contractor in the Commercial Court arising out of the Hydro arena in Glasgow.

    Acting for contractor (with Garry Borland, QC) in £10m dispute arising out of design, construction & management of water facilities under hospital PFI contract.

    Acting for contractor (with Garry Borland, QC) in £3m claim in the Commercial Court arising out of the construction of an industrial facility concerned with defects, validity of notices and stand-still agreement.

    Acting for purchaser in £2m claim in the Commercial Court arising out of construction of office building in Glasgow and the operation of retention trust provisions in contract.

    Acting for contractor in  in Commercial Court action arising from retention provisions in construction contract and subsequent compromise agreement.

  • Courts & Tribunals

    Court of Session (Inner House, Commercial Court, Intellectual Property Court, Outer House), Sheriff Appeal Court, High Court of Justiciary, Sheriff Courts, Disciplinary Tribunals

  • Appointments & Memberships

    2014 to date - Tutor in Civil Litigation at the University of Glasgow
    2016 to date – Member, Faculty of Advocates Public Communications Committee
    2016 to date – Member, Faculty of Advocates Reparation Committee
    2016 to date – Member, Faculty of Advocates Board of Assessors
    2010-2013 – Tutor in Public & Administrative Law at the University of Glasgow

Professional Career to date

Devil Masters: Gordon S. Balfour; Gavin L. MacColl, QC; Thomas L. Ross, QC

July 2014: Admitted to the Faculty of Advocates
2013 – July 2014: Devil, Faculty of Advocates
2012 – 2013: Solicitor, MacRoberts LLP
2009 – 2012: Solicitor, BTO Solicitors
2007-2009: Trainee Solicitor, BTO Solicitors

Education & Professional Qualifications

Faculty of Advocates’ Lord Reid Scholar (Joint Award) (2013-2014)
Faculty Scholar (2013-2014)
Postgraduate Diploma in Legal Practice, University of Glasgow (2007)
LL.B (Hons) (1st Class), University of Glasgow (2006)