Scott Manson

Construction

• Loretto Housing Association Ltd v Cruden Building & Renewals Ltd & others (No.2) 2022 Rep. LR. Appeared for the clerk of works (without senior) at debate which successfully secured the dismissal of a contribution and relief claim by the main contractor following the settlement of a complex multi-party construction dispute.
• Greater Glasgow Health Board v Multiplex Construction Europe Ltd & others [2021] CSOH 115. Appeared for the main consultant (led by Lord Keen of Elie QC) in debate concerned with the competency of a commercial court action raised in the face of a mandatory adjudication dispute resolution clause. The action concerns the Health Board’s damages claim for c.£70m in relation to the design and construction of the Queen Elizabeth Hospital in Glasgow.
• Hochtief Solutions AG & others v Maspero Elevatori S.p.A [2020] CSOH 102 (first instance); and 2021 SLT 528 (appeal). Appeared (without senior) at first instance for the Forth Replacement Crossing JV in proceedings to secure enforcement of adjudicator’s award of c.£1.2m. Thereafter appeared with senior (Garry Borland QC) in resisting the sub-contractor’s appeal to the Inner House.
• Muir Construction Limited v Kapital Residential Limited 2017 SLT 1294. Appeared (without senior) for successful contractor in establishing the proper construction of provisions in building contract and the validity of a Pay Less Notice in payment dispute with employer.
• Scot Roads Partnership Project Ltd v Scottish Ministers [2019] CSOH 113. Junior counsel (led by Garry Borland QC) for pursuer in high value dispute between the main contractor and the Scottish Government arising from variations, extensions of time and delays in relation to the M8 motorway improvement project.
• Transform Schools (North Lanarkshire) Limited v Balfour Beatty Construction Limited 2020 SCLR 707. Appeared for contractor (led by Garry Borland QC) in proceedings to enforce adjudicator’s award where breach of natural justice alleged in connection with admission and use of without prejudice correspondence by the adjudicator.
• Loretto Housing Association Ltd v Cruden Building & Renewals Ltd & others (No.1) [2019] CSOH 78. Appeared (without senior) for the clerk of works in a multi-party debate before the Commercial Court on prescription (time-bar) in a complex construction project litigation concerned with the redevelopment of a historic hospital building in Glasgow

Commercial

• Kidd v Lime Rock Management LLP 2021 SLT 1499. Appeared for the successful pursuer (led by Lord Keen of Elie QC) on appeal in overturning the dismissal of a $210m damages claim against US corporations and Scottish solicitors based on allegations of conspiracy, negligence and breach of fiduciary duty following the sale of a substantial shareholding in oil industry company and the earlier settlement of a damages claim against other solicitors.
• Trustees of the ABE Pension Fund v British Polar Engines Ltd [2021] CSOH 118. Appeared (without senior) for the pursuer pension trustees in successfully establishing proper construction of dispute resolution clause in pension trust scheme in order to resist application to send claim to arbitration.
• Scanmudring AS v James Fisher MFE Ltd 2019 SLT 295. Appeared (led by Garry Borland, QC) for successful pursuer in marine case concerned with off-shore hire and chartering arrangements in connection with incident in the German sea causing damage to sub-sea equipment.
• Autauric Limited v Glasgow Stage Crew Limited 2020 SLT 331. Counsel for the pursuer in damages action for breach of contract brought by the promoter of an aborted outdoor concert in Glasgow which was to feature Green Day.
• Caithness Flagstone Limited v Ballyvesey Holdings Limited [2020] SAC (Civ) 1. Junior counsel for successful finance company at proof (led by Gerry Hanretty QC) and on appeal (led by Garry Borland QC) in £1.1m damages claim for breach of implied terms as to quality and title in relation to industrial stone crushing machine. Established fairness and reasonableness of an exclusion clause for the purposes of UCTA 1977; and that there had been no material breach of an implied term to title.
• David MacBrayne Limited v ATOS IT Services (UK) Ltd [2018] CSOH 32. Junior counsel (led by Garry Borland QC) in damages action concerned with termination and breach of complex IT services contract by the operators of Caledonian MacBrayne ferries.
• Shade v AN Young Ltd & another [2019] SAC (Civ) 22. Counsel for successful pursuer at proof and on appeal in establishing person liability of defender for debts of company under personal guarantee.

Property

• Bryson v Salmond [2021] SAC (Civ) 29. Counsel for pursuer (without senior) in securing the enforcement at first instance and on appeal of a payment certificate based on the proper construction of the real burden in title conditions and the question of severance for manifest error (unreported decision on latter point).
• Arbitration Appeal No.1 of 2019 2019 SLT 1309. Counsel for successful respondents (without senior) in resisting application for leave to appeal against arbitrator’s decision on interpretation of notice and termination provisions of property contract.
• Anwar v Britton & Barclay 2019 SLT (Sh Ct) 23. Junior counsel for the successful pursuers (led by Robert Howie QC) in action concerned with breach of warranty/misrepresentation and the proper construction of certain standard provisions in the Scottish Standard Conveyancing Clauses.
• Indigo Park Services UK Ltd v Watson 2017 GWD 40-610. Counsel for pursuer in establishing the contractual validity of controversial private parking arrangements at Ninewells Hospital and the operation of the rule against penalties in contract and consumer rights legislation.

Professional liability

• WPH Developments Ltd v Young & Gault LLP (In Liq.) 2021 SLT 905. Appeared for defender architects (without senior) in successful appeal to the Inner House which over-turned first instance judgment and absolved the architects of liability on the ground of prescription (time-bar). Leading case on consolidating the law on the proper interpretation of s.11 (3) of the Prescription & Limitation (Scotland) Act 1973 in damages claims for professional negligence.
• Franks & others v Inglis 2021 GWD 24-335. Appeared for defender architect (without senior) in debate in c.£1m damages claim which resulted in architects being absolved of liability on the grounds of prescription (time-bar) and successfully established defence based on lack of reliance in relation to professional consultants certificates.
• Politakis v Spencely & James Scott Engineering 2018 SC 184 (Inner House); 2016 GWD 11-211 (Sheriff Appeal Court); 2017 GWD 18-281 (Sheriff Court). Counsel for arbiter (without senior) at first instance and on appeal in successfully defending proceedings concerned with his liability in damages to unsuccessful party in a long running commercial arbitration. Inner House decision established the proper test for leave to appeal applications based on new statutory scheme under the Courts (Reform) Scotland Act 2014.
• Hughes & others v Turning Point 2019 SLT 651. Junior counsel for successful defender (led by Roddy Dunlop QC) in action concerned with the scope of duty owed by health workers at an an adult crisis centre following the death of a service user.

• Chambers UK Bar – Recommended as leading junior in Commercial Dispute Resolution (Band 2);  Construction (Band 2); Professional Negligence (Band 1); and Real Estate Litigation (Band 2)
• Legal 500 – Recommended as leading junior in Commercial Disputes (Tier 2)

Quotes

Commercial Dispute Resolution

•  “Scott Manson possesses a growing reputation for his handling of a wide range of commercial disputes, with particular experience in commercial contracts, professional negligence and construction-related matters. His clients include financial institutions, contractors and professional advisers, among others.” “Very commercially minded and an incredibly good advocate; he’s smart on his feet.” “Unusually experienced among junior counsel at presenting complex and difficult arguments.”

Construction

• “Scott Manson is a highly sought-after junior. He offers particular expertise handling disputes arising from construction projects, including claims of negligence, delays and defects.” “Scott Manson is excellent. He is smart and very easy to work with.”

Professional Negligence

• “Scott Manson is a hard-working and detail-oriented advocate who operates a varied practice, handling negligence claims against professionals from the legal, financial and construction sectors.” “He is a brilliant advocate: he really relishes the detail and delights in complex issues, so you know there is nothing that will be too complex for him to deal with. He gets a good grasp of the issues, is willing to listen and will approach matters collaboratively.” “He is an excellent junior and gets to the nub of the issue. He always tries to help you out and find a way to get things done despite being so busy.”

Real Estate Litigation

• “Scott Manson acts for defenders and pursuers on a wide spectrum of property and real estate issues. He also has experience in contracts, damages, leases and landlord and tenant disputes. His clients include renewable energy developers, healthcare professionals and hotel owners.” “He is very user-friendly, makes himself available and is great when it comes to communicating with clients. His approachability sets him apart from some other advocates.”

Legal 500

• ‘A first class advocate with an impressive skill set which allows him to analyse even the most complex of cases and to advise promptly in a digestible manner. He is incredibly approachable and friendly, which makes him a pleasure to work with. Clients like him. ‘