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Areas of expertise

Professional information

  • 2017: Appointed silk
  • Devilmaster to 5 devils
  • 2003: Called to the Bar
  • 2002 – 2003: Devilled to the Hon. Lord Clark & Gary Allan KC
  • 1996-2002: Solicitor at McGrigor Donald
Professional experience

Gavin is a Band 1 ranked Senior Counsel by Chambers & Partners. He is recognised as being one of the most successful and well-instructed seniors in his key practice areas of construction, professional negligence, commercial and property law. He is known for his ability to think on his feet in court. Gavin is regularly instructed in complex high value disputes by the top Scottish and other UK commercial firms. He has a reputation for being thorough and clear in his advice and fearless in his representation of his clients.

Notable cases

Construction & Engineering

  • Network Rail -v- McLaughlin & Harvey Ltd [2022] CSIH 32. Appeal Court. Case concerning interpretation of a remedial works contract for an office complex in Glasgow.
  • Van Oord UK Ltd -v- Dragados UK Ltd [2020] CSOH 87; [2021] CSIH 50. Appeal Court. Multi-million pound dispute concerning construction of new harbour. Arguments concerning construction of the compensation event procedure in NEC3 contract.
  • Van Oord UK Ltd -v- Dragados UK Ltd (2) [2022] CSOH 30. Successfully resisted enforcement of adjudication decision on grounds of breach of natural justice.
  • Agro Invest Ltd -v- Stewart Milne Group Ltd [2019] CSIH 59. Appeal Court. £20m claim under JCT building contract. Prescription preliminary proof and subsequent reclaiming motion.
  • GT Equitix -v- Inveness College [2019] CSOH 19. Dispute concerning enforcement of adjudicator’s award.
  • Babcock Marine (Clyde) Ltd -v- HS Barrier Coatings Ltd [2019] CSOH 110. Successfully resisted summary enforcement of an adjudicator’s award on grounds of natural justice.
  • British Overseas Bank Nominees Ltd -v- Stewart Milne Group Ltd [2018] CSIH 125. Appeal Court. Represented successful defender in case concerning interpretation of collateral warranty.
  • Albert Bartlett & Sons -v- Gilchrist & Lynn [2007] CSOH 140; [2010] CSIH 33. Leading Scottish case on the correct approach to the measure of loss in construction defects cases.

Professional Liability

  • Oil States International -v- S and Another [2022] CSOH 52. Landmark case concerning bribery in the procurement of a multi-million pound construction project.
  • Edinburgh Trams Inquiry [2017-2022]. Represents an international law firm which was a core participant in the Inquiry into the Edinburgh Trams Network.
  • Loretto Housing Association Ltd -v- Cruden Building & Renewals Ltd [2019] CSOH 78. Represented a firm of engineers in multi-million pound defects claim. Issues of prescription and complex engineering.
  • George Leslie Ltd -v- Halcrow Group Ltd [2017] CSOH 106. Complex claim concerning geotechnical collapse. Successfully defended consulting engineers.
  • Dunvale Investments Ltd -v- Burness Paull [2015] CSOH 32. £2.7m claim against negligent solicitors concerning a banking transaction.

 

Commercial

  • Mainstream Renewable Power Limited, Petitioner [Unreported, 2022]. Petition by renewable energy developers concerning refusal by Scottish Government to grant licence for off-shore wind farm.
  • Priory Healthcare Ltd -v- Highland Health Board [2019] CSOH 17. Claim by private healthcare provider against local authority in respect of payment of private healthcare fees regarding a vulnerable adult.
  • Charles Green -v- Rangers Football Club plc [2017] CSIH 37. Appeal Court. Claim for indemnity regarding legal costs incurred defending a criminal allegation and trial brought by a former director of football club against the club.
  • Acotec UK Ltd -v- McLaughlin & Harvey Ltd [2016] CSOH 134. Dispute concerning claims and counterclaims arising from failure of a cofferdam use to carry out works on a harbour wall.
  • Glen Clyde Whisky Ltd -v- Campbell Meyer & Co Ltd [2015] CSOH 97. Claims and counterclaims between whisky manufacturer and Russian distributor arising out of exclusive supply and distribution contract.

 

Property

  • BAM TCP Atlantic Square -v- British Telecommunications plc [2020] CSOH 57. Dispute regarding deed of conditions and whether it created real rights of ownership or mere servitude rights.
  • Finlayson -v- Munro [2020] SAC (Civ) 18. Neighbour dispute between farmer and owners of garage. Involved issues of prescription and possession.
  • Iftikhar -v- CIP Property (AIPT) [2017] CSOH 146. Dispute concerning enforceability of missives for commercial property.
  • William Tracey –v- SP Distribution Networks [2016] CSOH 14; [2016] CSOH 131 – Instructed for the defender, a utility provider in claims of over £6m made by a recycling company claiming that power lines encroach on to its land and have caused it loss. Case was dismissed after proof. Also successfully defended a subsequent petition on similar subject matter.
  • Gyle Shopping Centre -v- Marks & Spencer [2015] CSOH 14; [2014] CSOH 122. Dispute between shopping centre and anchor tenant regarding interpretation of lease.
  • Cairn Energy -v- Greenpeace Ltd [2013] CSOH 15. Leading Scottish case on concert to commit a nuisance in relation to property.
Directories
  • Chambers UK Bar – Recommended as leading silk in Construction (Band 1); Commercial Dispute Resolution (Band 2); Professional Negligence (Band 2); and Real Estate Litigation (Band 2)
  • Legal 500 – Recommended as leading silk in Property, Planning and Construction (Tier 2)