SSE Generation Ltd v Hochtief Solutions (pending)
Complex (evidential and legal) dispute arising in relation to a collapse of a hydropower tunnel in the Scottish Highlands, built for SSE by Hochtief. Acted for SSE.
FM Developments Ltd (in administration) v Milne and others
Administrator's challenge to a range of property investments in Cape Verde and the Caribbean. Acted for some of the former directors.
Heather Capital Limited (in liquidation)
Two actions by liquidators against former solicitors of a failed investment fund. Acted for the liquidators.
Kivuwatt Ltd v Dane Associated Limited [2011] CSOH 118
The action concerns parties involved in contracts with the government of Rwanda relating to gas extraction from Lake Kivu. Acted for Dane Associates.
Inveresk plc v Tullis Russell Papermakers Ltd 2010 SC (UKSC) 106
In this and the connected case between the same parties, Almira acted for Tullis Russell, in successfully claiming at the Supreme Court level that the payment of deferred consideration under an asset purchase agreement was not as yet due and that, in any event, Tullis had right to retain any sums due pending the resolution of their claim for damages against Inveresk. A complex factual hearing on the damages claim concluded after the Supreme Court case and Tullis were awarded significant damages against Inveresk.
Farstad Supply AS v Enviroco Ltd 2010 SC (UKSC) 87
The case concerned a claim for damages and repair costs in relation to damage caused by a fire on board an oil supply vessel. The main issue in the case was whether the terms of a contract between the pursuers and the third party resulted in the defenders being unable to claim relief from the third party.
Martin v Most 2010 SC (UKSC) 40
This was the first judgement by the Supreme Court dealing with the challenge to the extent of legislative competence of the Scottish Parliament on grounds other than compliance with the European Convention on Human Rights. The judgment contains important considerations of section 29 of the Scotland Act, which lies at the heart of the division between matters reserved for the UK Parliament and matters within the powers of the devolved legislature.
Scottish Lion Insurance Co Ltd v First Goodrich Corp 2010 SC 349
Acted for Scottish Lion, a solvent insurance company, in their successful appeal relating to a scheme of arrangement under s. 899 of the Companies Act 2006. The court held that the existence of an adverse situation facing both the company and its creditors might be a factor in favour of granting sanction of the scheme, but was not a precondition thereto, whether the company was solvent or otherwise. The fact that insured with long tail policies were asked to accept current estimated values in lieu of their contingent claims was not so overwhelming a factor against the granting of sanction that Scottish Lion could be denied the opportunity of establishing the positive benefits of the scheme and robustness of its valuation procedures.
Anderson v Dickens 2009 SCLR 609
Successful challenge of two transactions as 'unfair preferences' on behalf of the liquidator against the company's director and sole shareholder.
Arrow Generics Ltd, Petitioners 2008 SC 518
In this challenge to a European patent, acted for Akzo Nobel in successfully overturning on appeal the first instance finding that the patent lacked novelty, while also successfully defending the first instance finding that the patent was not obvious.
Calor Gas Ltd v Express Fuels (Scotland) Ltd 2008 SLT 123
Acted for Express Fuels, who were successful in defending an action for damages for breach of contracts by showing that the relevant contracts were void due to breach of European competition law.