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Areas of expertise

Professional information

  • Member of the Scottish Technical Committee for the Association of Business Recovery Professionals in the UK; Member of Lexis Nexis Panel of Experts for Scotland: Restructuring and Insolvency
  • 2023: Took silk
  • 2018 – 2021: Member, Faculty Council
  • 2012 – 2023: Standing junior to the Scottish Government Legal Directorate
  • 2009: Called to the bar
  • LLB (First Class), University of Dundee (2001); Diploma in Legal Practice, University of Dundee (2002)
Professional experience

Susan is a well regarded senior known for her impressive, wide-ranging practice. She specialises in insolvency, commercial litigation and company disputes. She also served as a standing junior to the Scottish Government from 2012 until her appointment as KC. She is praised for her sound grasp of commercial realities. With over 12 years’ experience at the bar, Susan has appeared in the United Kingdom Supreme Court, the Inner House of the Court of Session, the Court of Session and the Sheriff Court. She routinely appears in the commercial court in the Court of Session. She has significant experience in representing insolvency practitioners, companies, company directors, financial institutions and government bodies, as well as individuals.

Notable cases

Susan is best known for her work in insolvency-related matters. She has acted in some of the highest-profile and most complex insolvency litigations in recent years, including those before the UK Supreme Court. She handles a broad spectrum of issues relating to administrations, liquidations and sequestrations, and regularly acts on behalf of insolvency practitioners, banks and financial institutions. She is also known for her work in commercial dispute resolution, and in company cases, including shareholder disputes and acquisitions and disposals of companies.

Insolvency

  • MacDonald and Another -v- Carnbroe Estates Limited [2019] UKSC 57. Action by liquidators for reduction of the disposition of commercial property involving dispute as to the proper interpretation of “adequate consideration” in terms of the Insolvency Act 1986.
  • Joint Administrators of Questway Limited -v- Stonegale and Others [2016] UKSC 3. Action by joint administrators of three related companies to for reduction of transfer of heritable properties, in terms of section 242 of the Insolvency Act 1986.
  • Thomas Auld & Sons Limited (in Liquidation) [2019] CSOH 83. Application by liquidators for approval of remuneration, where substantial deduction proposed by Reporter.
  • 271 Containers DMCC -v- Brian Milne & Others. Actions for declarator of ownership of assets located in Dubai, Abu Dhabi and Nigeria.
  • Appeal by Advocate General for Scotland for and on behalf of the Commissioners for HMRC [2020] SAC. Acted for the Accountant in Bankruptcy in an appeal in relation to the meaning of “debts” for the purposes of applications for recall of sequestration.

Commercial

  • MCR Oil Tools LLC v SPEX Offshore (UK) Ltd & Others [2020] CSIH 23. Applications (and subsequent reclaiming motion) to restore companies to the Register of Companies to further litigation in Texas, arising out of a complex intellectual property dispute.
  • DNO Oman Limited v Grant Clouston [2019] CSIH 1. Proof on issues of UAE law in commercial action for payment arising from alleged breaches of duties owed to employer.
  • Highlands and Islands Enterprise -v- NAIL and others. Related actions for payment in terms of guarantees, and related construction claims, arising out of the failure of the Cairngorm Mountain Railway.
  • Donald and Christine Macdonald v Ruaridh Macdonald. Three related actions for payment and declarator of ownership of shares in a company.
  • HCC International Insurance Company Plc v The Scottish Ministers. An action for payment arising out of an intercreditor agreement, following the failure of the Ferguson Marine shipbuilding group of companies.

Company

  • Petition of Murgitroyd Plc. Acted for the company in an application for sanction of a scheme of arrangement.
  • Petition of Low & Bonar Plc. Acted for the company in an application for sanction of a scheme of arrangement.
  • Petition of Hooley Limited. Petitions for suspension and interim suspension, interdict and interim interdict, rectification of the register of members and rectification of the Register of Companies.
  • Caley Cruisers Limited. Acted for a shareholder in respect of an application in terms of section 996 of the Companies Act 2006.
  • WM Lindsay Limited. Acted for minority shareholders in respect of an application in terms of section 996 of the Companies Act 2006.

Public and Administrative Law

Susan acted as standing junior counsel to the Scottish Government from 2012 to 2023. She has experience in dealing with a variety of cases on behalf of the Scottish Ministers, including those involving the recovery of the proceeds of crime. Notable cases include:

  • Michael Glancy -v- Scottish Ministers [2020] CSOH 1. Judicial review of the actions of the Scottish Ministers in failing to provide him with rehabilitation or information about his rehabilitation.
  • Petition of Alexander Lewis Hutchison Reid -v- Scottish Ministers [2015] CSOH 84. Reclaiming motion following judicial review alleging breach of human rights by long-term prisoner who alleged that the Scottish Ministers had failed to provide him with a reasonable opportunity to rehabilitate himself.
Directories
  • Chambers UK Bar – Recommended as leading junior in Restructuring/Insolvency (Band 1);  Commercial Dispute Resolution (Band 1); and Company matters (Band 1)
  • Legal 500 – Recommended as leading junior in Commercial Disputes (Tier 1)
  • Who’s Who Legal – Recommended in Restructuring and Insolvency.

Quotes

‘An accomplished and confident advocate who is respected by the bench. She is very user-friendly, and works well with instructing agents to deliver results for clients.‘ Legal 500 2022