Rachel Breen

Public procurement and competition

• Roche Diagnostics Ltd v Greater Glasgow Health Board (No 3) 2024 SLT 1239 (led by Lord Keen of Elie KC): a decision on leave to reclaim in the context of a challenge to the abandonment of a procurement exercise.
• Roche Diagnostics Ltd v Greater Glasgow Health Board (No 2) 2024 SLT 1069 (led by Lord Keen of Elie KC): a decision on the scope of “without prejudice” privilege and waiver of legal professional privilege in the context of a procurement challenge.
• Amey OW Ltd v North Lanarkshire Council 2024 CSOH 66 (led by Garry Borland KC): a decision on whether to lift the automatic suspension under regulation 89 of the Public Contracts (Scotland) Regulations 2015.
• Roche Diagnostics Ltd v Greater Glasgow Health Board (No 2) 2024 SLT 1069 (led by Lord Keen of Elie KC): a decision following debate on the relevancy of averments alleging an unlawful means conspiracy and the delict of causing unlawful means in the context of a challenge to the abandonment of a procurement exercise.
• Turning Point Scotland v Glasgow City Council [2025] CSOH 42 (led by John MacGregor KC): appeared for the defender in a challenge to a procurement under the Light Touch regime.
• McAuley v Faculty of Advocates [2025] CAT 61 and [2026] CAT 16: represented the Faculty of Advocates in proceedings before the Competition Appeal Tribunal.

Public law

• Hannan, Petitioner [2026] CSOH 56 (led by Paul Reid KC): instructed for the respondent local authority in a challenge to the alleged exclusion of a councillor from a planning committee meeting.
• A v Secretary of State for Foreign, Commonwealth and Development Affairs [2026] CSOH 41 (led by Chris Pirie KC): acting for the Foreign Secretary in a challenge premised on alleged delay in taking a decision on whether to grant exceptional consular assistance to individuals in Gaza.
• Petitions by Greenpeace and Uplift for Judicial Review [2025] CSOH 10 (led by John MacGregor KC): instructed for Equinor UK Limited in judicial reviews of the decisions to consent to the Rosebank oil and gas development.
• Petition of Greater Glasgow Health Board for Judicial Review [2025] CSOH 12 (led by John MacGregor KC): instructed for the Chair of the Scottish Hospitals Inquiry in a judicial review of the Chair’s decision to refuse to receive into evidence an expert report instructed by the petitioner, and to call its authors to give evidence at an upcoming hearing diet.
• Brown v Glasgow City Council 2024 SLT 1025 (led by Alasdair Burnet KC): judicial review of a local authority’s planning decision.

Commercial / company law

• Petition of Waldorf CNS (I) [2026] CSOH 57 (led by Susan Ower KC): acting for HMRC in relation to a Part 26A restructuring plan proposed by a company in the oil and gas sector.
• Andrew Marr International Ltd v MacKinnons Solicitors LLP [2025] CSOH 20: determination following debate that a common law partnership had effectively novated its obligations to a successor LLP, such that the pursuer (a creditor of the partnership) could seek to enforce those obligations against the LLP.
• Malcolm v Paton [2025] HAM SC 55: acted for the defenders in an action for the enforcement of real burdens.
• Renfrewshire Council v HR150 Ltd [2024] CSOH 75 (led by the Dean of Faculty): the determination of whether certain payment provisions were inter naturalia of a lease.

Group proceedings

• William Mackie v Mercedes-Benz Group AG and others [2025] CSOH 29 and [2025] CSOH 94 (led by Alastair Duncan KC and Astrid Smart KC): instructed by defender manufacturers in emissions group litigation.

Professional regulation

• Cannon v Council of the Law Society of Scotland [2026] CSOH 14: acting for the Law Society of Scotland in a challenge to a decision of the SSDT.
• Appeal by McAuley against a decision of the Practising Certificate Sub-Committee of the Council of the Law Society of Scotland [2025] CSIH 7: acting for the respondent in an appeal under s.16(2) of the Solicitors (Scotland) Act 1980.
• Ethical Standards Commissioner v Cllr Baird LA/H/3969: appearing before the Standards Commission for Scotland in respect of a Councillor accused of breaching the Councillors’ Code of Conduct.
• Russo v Council of the Law Society of Scotland [2025] CSOH 92 (led by the Dean of Faculty): acting for the defender in an action challenging proceedings before the SSDT.

Media and defamation

• James Gillespie and another v Alan Wardrop [2025] CSOH 46 (led by the Dean of Faculty): acting for the defender in one of the first reported actions for damages under the Defamation and Malicious Publication (Scotland) Act 2021.