Garry Borland QC

Professional Experience

Professional experience

Garry Borland QC specialises in commercial law, including disputes relating to commercial contracts, commercial property, company law and insolvency, construction and engineering, and energy.

Garry is rated by Chambers UK Bar directory as a Band 1 silk for commercial litigation; for construction; and also for restructuring and insolvency work. He is the only Scottish silk rated by Who's Who Legal for company work. Chambers has described him as "Super bright"; "One of the most technically gifted advocates around"; and “hard to beat for cases that need a big brain”. "His eye for detail and clarity of delivery are superb"; "On his feet, he is exceptionally good"; "a standout advocate"; "he has a speed and accuracy of analysis that few can match"; "an excellent strategist"; "unrivalled in his ability to immerse himself in the complexity of casesʺ; "a very smart lawyer"; and "renowned for his depth of analysis, his grasp of complex technical issues and his attention to detail". Chambers has said that he is “a very gifted oral advocate” whose style in court is “very forceful”, but also “very measured”. He has also been said to be a "first class advocate; "His authoritative and precise advocacy consistently impresses judges"; and "He has the respect of the court." Chambers most recently described him as "terrific"; "incredibly bright and brilliant on his feet"; "very effective in court"; "utterly unflappable"; and an "absolute go-to for senior instructions".

Garry is one of just a few Scottish counsel who have featured in the review of the UK Bar in Who's Who Legal where he has been described as "very much the star silk". The 2019 edition described him as "an outstanding silk". In the 2020 edition, he was said to be "an outstanding advocate".

Clients Garry has acted for include: ABB, Aggreko, Aker, AMEC, Andritz, Balfour Beatty, Barclays Bank, Bilfinger Berger, the BMA, Bouygues, BP, Cairn Energy, Carillion, Carlsberg/Heineken, ConocoPhillips, DNB, Ferrovial, Galliford Try, Grant Thornton, Hochtief, Iberdrola, Kier, KPMG, Laing O'Rourke, Lend Lease, Lloyds Bank, Martin Currie, Macquarie Bank, Sir Robert McAlpine, Morgan Sindall, Ryder System, Ryder Cup Europe, Scottish Power, SSE, Scottish Widows, Shepherd Construction, Spie Matthew Hall, Stora Enso, Tesco and Va Tech Wabag.

Commercial litigation

Garry is rated by Chambers UK Bar directory as a Band 1 silk for commercial litigation.

Garry has a considerable depth of experience in commercial litigation. He has advised and acted in disputes arising from numerous sectors of commerce, including those involving banking, commercial property, energy (including oil and gas), financial services, insurance, international sale of goods, and transport.

In addition, Garry acted in the $4 billion civil claim by the Pan Am liquidation trust and hull underwriters arising out of the destruction of the aircraft in the Lockerbie bombing. This is the biggest financial claim ever made in the Scottish courts.

Construction and engineering

Garry has acknowledged expertise in this area, and has acted for a number of high-profile employers, contractors, sub-contractors, construction professionals, and funders. Chambers UK Bar directory has described him as “the leading QC in construction in Scotland”.

He has acted in relation to a very wide variety of construction related claims, including disputes regarding payment, extensions of time, disruption, and professional negligence. Chambers says that Garry has “vast experience” in this area.

Since calling, Garry has appeared in a number of the leading construction cases in Scotland.

Garry is rated by Chambers UK Bar directory as a Band 1 silk for construction matters. He is also rated as a leading silk for construction work by the UK Bar section of Who's Who Legal.

Company law and insolvency

Garry's practice in this area encompasses advisory and litigation work.

Chambers UK Bar directory identifies Garry as a Band 1 silk for restructuring and insolvency work. He is the only Scottish silk rated for company work in the UK Bar section of Who's Who Legal. Garry's practice covers areas such as acquisitions and disposals of companies, shareholder disputes (particularly unfair prejudice disputes; and also warranty claims), corporate and capital reorganisations, members' and creditors' schemes of arrangement, and capital reductions.

Garry was instructed as sole counsel acting for Iberdrola SA in relation to its £12 billion takeover of Scottish Power plc. Garry also acted for Carlsberg/Heineken in relation to their £8 billion takeover of Scottish & Newcastle plc.

He was also instructed for a syndicate of international banks in relation to the restructuring of $3.8 billion of debt facilities of Premier Oil plc which was effected by schemes of arrangement in 2017 and 2020.

In 2021, Garry acted for Aggreko plc in relation to the scheme of arrangement by means of which the £2.2 billion takeover of the company was effected.

Garry also acted for the respondent clubs in their successful defence of the unfair prejudice proceedings raised by Hearts and Partick Thistle arising out of the ending of the 2019/2020 Scottish football season due to Covid-19.

He appeared in the landmark case of Martin Currie Ltd, petitioner, in which the court identified the modern approach to applications seeking confirmation of the cancellation of a share premium account.

He also has extensive experience in the field of corporate insolvency. Garry acted for the supervisors of the CVA in the court proceedings concerning the House of Fraser CVA.

Garry was also a standing junior counsel in Scotland for Her Majesty's Revenue and Customs from 2009 to 2012.