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Areas of expertise

Professional information

  • 2023: Appointed legal member to Judicial Appointments Board for Scotland
  • 2017: Appointed silk
  • 2008-2017: Standing junior to Scottish Ministers
  • 2010-2017: Junior bar’s representative on Inner House Users Group
  • 2003: Called to the Bar
Professional experience

Jonathan specialises in commercial and construction cases, property law and professional negligence. He is ranked in each of these practice areas and has earned a reputation for his comprehensive and detailed approach to litigation. He is often instructed in multimillion-pound, reputationally sensitive disputes, and is particularly active in cases concerning renewable energy and infrastructure projects.Jonathan’s clients include energy companies, utility providers, financial institutions, developers, and local authorities. He represented the Scottish Government in the public inquiry into the Edinburgh Tram Project and is instructed for NHS Lothian in the upcoming Hospital Inquiry.Jonathan is currently instructed by telecommunication operators in a number of applications to the Scottish Lands Tribunal under the new Electronic Communications Code. He is also regularly instructed in shareholder disputes and obtained the first “Wallersteiner” order ever granted in the Scottish courts to allow his client to pursue a claim for unfair prejudice at the company’s expense.Jonathan has appeared in courts and tribunals at all levels, including the Supreme Court, and is regularly instructed in adjudications and arbitrations.

Notable cases

Construction and Engineering

  • Greater Glasgow Health Board v Multiplex Construction Europe Ltd and others [2025] – instructed for a third party in claims relating to cladding installed at the Queen Elizabeth University Hospital, Glasgow.
  • The Public Inquiry into the Queen Elizabeth University Hospital and the Royal Hospital for Children [2024] – instructed as leading counsel for NHS Lothian in the Inquiry in relation to the Royal Hospital for Children in Edinburgh.
  • Lagan Construction Group Ltd. v Scots Roads Partnership Ltd 2024 SC 12 – instructed for the pursuer in seeking payment under a joint venture agreement relating to the construction of a motorway.
  • Atalian Servest AMK Ltd v BW (Electrical Contractors) Ltd 2023 SLT 539 – instructed for the appellant in an action relating to the enforcement of an adjudicator’s decision.
  • SRB Civil Engineering UK Ltd v Ramboll UK Ltd 2023 SLT 423 – instructed for the defender in a claim relating to design services provided in connection with the construction of a motorway.
  • Network Rail Infrastructure Ltd v Fern Trustee 1 Ltd 2022 SLT 997 – instructed for the defender owner of office blocks in relation to a remedial works contract which the tenant pursuer argued gave rise to no liability on the tenant.
  • SSE Generation Ltd v Hochtief Solutions AG [2018] SLT 579 – instructed from 2012 to 2019 for the pursuer in an extremely large claim arising out of the collapse of a tunnel forming part of a hydro-electric scheme. The court awarded £108m on appeal.
  • Queensferry Crossing [2018] – representing temporary works designers in claims (adjudication and litigation) relating to the construction of the Queensferry Crossing.
  • Ayr Environmental Services Ltd v Amec Capital Projects Ltd [2018] – instructed for pursuer in relation to the construction of three wastewater plants under PFI arrangements. The central issue related to the construction of settlement tanks.

Commercial

  • X Waste Management Ltd v Y Ltd [2024] – instructed for the defender in relation to a £250 million claim for damages related to allegedly contaminated land, including complex issues relating to remedial costs and loss of profits.
  • CSG Commercial Ltd v AJ Capital Partners LLC 2022 SLT 1345 – instructed for the defender in relation to an alleged contract for the development of various hotels.
  • Club Los Claveles v First National Trustee Co Ltd 2022 SC 251 – instructed for an unincorporated association in relation to a long-running dispute focussing on the control of a large timeshare development in Spain.
  • Gardner Young and Kaim Investments Ltd v Royal and Sun Alliance Insurance Plc 2020 SC 467 – instructed for the defender insurers in relation to a claim under an insurance policy after a fire destroyed city centre premises. The defender resisted payment on the basis of material non-disclosure. This was the first case in the UK to look in detail at the provisions of the Insurance Act 2015.
  • Brendan Hyland v GKFF- Ennovo Holdings LLC [2019] – instructed for the defender in respect of numerous claims, including unfair prejudice proceedings, arising out of a shareholders’ agreement relating to a company with specialised equipment and technology.
  • Royal Bank of Scotland v O’Donnell 2015 SC 258 – instructed for the defender in resisting enforcement of a bank guarantee with a counterclaim for reduction and damages for negligent misrepresentation.
  • Lloyds TSB Foundation for Scotland v Lloyds Banking Group Plc 2013 SC (UKSC) 169 – instructed as junior counsel in a dispute concerning the proper interpretation of a deed of covenant where a subsequent change in accounting standards had significant consequences for the correct application of the deed.

Commercial Property

  • Electronic Communications Code [2024] – representing telecommunication operators in numerous applications to the Lands Tribunal for Scotland for rights under the Code.
  • Mowi Scotland Ltd v Staniford 2024 SLT (SAC) 167 – instructed for the pursuer in obtaining orders preventing incursions onto various fish farms.
  • HFD Management Services LLP v Apleona HSG Ltd 2023 Hous LR 30 – instructed for landlord in a dilapidations claim involving the appointment of a skilled person to report on the extent of disrepair.
  • Rileys Sports Bars (2014) Ltd v CGW Snooker LLP 2022 CSOH 4 – instructed by the defender landlord in relation to a claim that consent to an assignation had been unreasonably withheld.
  • EE Ltd v Duncan [2021] CSIH 27 – representing the appellant in the first appeal before the Inner House to consider the new Electronic Communications Code.
  • Leafrealm Limited v Edinburgh City Council and others [2021] CSIH 24 – instructed for the Council in an action relating to a disputed ransom strip arising out of historic agreements.
  • Coal Pension Properties Ltd v Technip UK Ltd 2021 SLT 1224 – instructed for the pursuer landlord in relation to a dilapidations claim which the lease allowed to be certified by the landlord’s surveyor.
  • Shell UK Limited v Stichting Greenpeace Council 2020 SLT 235 – instructed for the pursuer to seek interdict against protestors from accessing various offshore installations.
  • Transocean Drilling UK Ltd v Greenpeace UK Ltd 2020 SLT 825 – instructed for the pursuer seeking the removal of protestors encamped on a mobile drilling platform en route to its offshore location. Thereafter, representing the pursuer in contempt proceedings when the terms of the interim interdict were breached.
  • Demolition Orders – representing a local authority in respect of 276 demolition orders served relating to an estate that the local authority wished to demolish.

Professional liability and regulation

  • Simmers v Green Cat Renewables Ltd 2025 SLT 341 – instructed for the defenders in a claim made by a wind farm developer, the issues involved include the existence of “legal black holes” in Scots law.
  • McCluskey v Scott Wilson Scotland Ltd 2025 SC 15 – instructed for the defender in a group litigation relating to claims arising out of allegedly contaminated land.
  • GDFC Assets Ltd v Heaney [2024] UKUT 345 – representing pro bono the claimant in a test case in relation to the mis-selling of Green Deal plans under the Green Deal framework.
  • Green Energy Trading Limited v Renewable Design and Development Ltd [2020] – instructed for the designer of a hydro electric scheme in relation to allegations that the design did not produce a specified amount of energy.
  • John Graham Construction Limited v Scott Wilson Scotland Limited [2019] CSOH 41 – instructed for the defender structural engineers in relation to a claim arising out of allegedly defective drainage design.
  • Trustees of X Pension Fund v Y Asset Managers Ltd and others [2017] – instructed for the defender in relation to a claim for damages by the trustees on the basis that the defender had breached the terms of its discretionary investment mandate.
  • Rex Procter & Partners Retirement Benefits Scheme’s Trustees v Edwards [2015] CSOH 83 – instructed for the defender in a claim against an actuary for advice connected with the transfer out of a pension scheme.
Directories
  • Chambers – Recommended as leading silk in Construction (Band 2); Commercial Dispute Resolution (Band 2); Professional Negligence (Band 2); and Real Estate Litigation (Band 1)
  • Who’s Who Legal – Recommended in Professional Negligence
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