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Professional information

  • 2015: Appointed Standing Junior to the UK Government
  • 2014: Called to the Bar
  • 2010: Qualified as a Solicitor
  • 2006: Legal Assistant at the Scottish Law Commission
  • 2006: LL.B (Hons) (first class), University of Edinburgh
Professional experience

David’s areas of practice are commercial and public law. He is trusted to represent a diverse range of clients, from some of the UK’s largest companies to family businesses and private individuals.

David is recommended by Chambers and Partners for commercial dispute resolution and property litigation in Scotland. He has a particular expertise in property and contract matters. He also regularly acts for clients in professional negligence actions, insolvency and corporate cases, and construction disputes.

David is a Standing Junior to the UK Government. He represents the UK Government in judicial review cases, including cases concerning human rights, and in civil and commercial matters. He also acts for local authorities and other public bodies.

David has experience of the Courts at all levels in Scotland, particularly in the Court of Session and including the UK Supreme Court, and often represents clients in adjudications, arbitrations and mediations.

Prior to calling to the Bar, David practised as a solicitor for a national commercial law firm. He was the joint recipient of the Faculty’s Lord Reid Scholarship in 2013. He is a contributor to Court of Session Practice, and teaches property, trusts and succession law at the University of Edinburgh.

Notable cases

Commercial

  • Peter J Stirling Ltd v Brinkman (Horticultural Service) UK Ltd [2020] CSOH 79. First proof to be conducted in the Commercial Court of the Court of Session remotely during the COVID pandemic, concerning whether the Defender’s terms and conditions had been incorporated into the parties’ contract and whether the Court’s jurisdiction had been excluded.
  • David MacBrayne Ltd v ATOS IT Services (UK) Ltd [2018] CSOH 32. Proof in the Commercial Court in the Outer House of the Court of Session concerning whether the Defender had breached the terms of a commercial contract and the quantum of damages payable.
  • Joint Liquidators of CS Properties (Sales) Ltd [2018] CSOH 24. Proof in the Outer House of the Court of Session concerning a misfeasance action under the Insolvency Act 1986 at the instance of the liquidators against directors of the company.
  • Burnside v Promontoria (Chestnut) Ltd [2017] CSOH 157. Debate in the Commercial Court of the Outer House of the Court of Session concerning the interpretation of a personal guarantee to a lender, including the meaning of certain implied terms in the guarantee.
  • Joint Administrators of Oceancrown Ltd v Stonegale Ltd 2016 SC (UKSC) 91. Appeal to the UK Supreme Court concerning gratuitous alienations and the meaning of consideration.

Property

  • Soulsby v Jones [2020] CSOH 103. Proof in the Court of Session concerning whether the Pursuer had acquired a servitude for maintenance through prescription or by necessity.
  • Wyllie v Wittmann 2020 GWD 29-380. Debate in the Lands Tribunal for Scotland considering the test for who has title and interest to bring an action for rectification of a title sheet in the Land Register
  • BAM TCP Atlantic Square Ltd v British Telecommunications PLC [2020] CSOH 57. Debate in the Commercial Court of the Court of Session concerning the correct interpretation of a Deed of Conditions and whether there was an inaccuracy in the Pursuer’s title sheet in the Land Register showing it as the exclusive owner of land.
  • Duncan v Glasa LLP 2020 SCLR 821. Debate in the Commercial Court of the Court of Session concerning the interpretation of an LLP agreement and deeds of servitude, including whether third party enforcements rights were conferred and whether servitude rights were enforceable.
  • Eop II Prop Co III Sarl v Carpetright PLC [2019] CSOH 40. Debate in the Commercial Court of the Court of Session concerning whether a notice to terminate a lease had been validly served under a CVA.

Public and Administrative Law

  • Scottish Legal Aid Board, 2020. Representing the Scottish Legal Aid Board in several matters, including in an appeal before the Inner House of the Court of Session concerning the correct interpretation of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 which is awaiting a decision.
  • TF (Iran) v Secretary of State for the Home Department 2019 SC 81. Appeal to the Inner House of the Court of Session from a decision of the Upper Tribunal. The case included consideration of the test that ought to be applied in determining whether an asylum-seeker has a well-founded fear of persecution based on a religious belief claimed to have been acquired whilst in the UK.
  • Goralczyk v Secretary of State for the Home Department 2019 SC 66. Appeal to the Inner House of the Court of Session from a decision of the Upper Tribunal. The case included consideration of the circumstances in which an EU national could be deported on grounds of public policy or public security.
  • JA (Iran) v Secretary of State for the Home Department [2017] CSOH 39. Judicial review of a decision by the Secretary of State to refuse to treat further submissions as a fresh claim, including consideration of what amounted to ‘significant new material’.
  • CW (Sri Lanka) v Secretary of State for the Home Department [2016] CSOH 163. Judicial review of a decision to refuse permission to appeal by the Upper Tribunal, including consideration of the level of detail required in a decision refusing permission.
Directories
  • Chambers UK Bar – Recommended as leading junior for Commercial Dispute Resolution (Band 2) and Real Estate Litigation (Band 2)
  • Legal 500 – Recommended as leading junior in Commercial Disputes (Band 2)

Quotes

‘A user friendly advocate who delivers excellent pragmatic commercial advice.‘ Legal 500 2022

Select publications
  • Contributor, Court of Session Practice (Bloomsbury Professional)
  • Standard Securities and Variation to the Standard Conditions 2008 SLT (News) 271, co-written with Professor Andrew Steven