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Areas of expertise

Professional information

  • 2020: Appointed silk
  • 2018: Admitted as fellow of the Chartered Institute of Arbitrators
  • 2018 University of Aberdeen: PGCert in International Arbitration
  • 2004: Called to the bar
  • 1999-2003: Solicitor, Maclay Murray & Spens
  • 1996 University of Edinburgh: LLB (Hons)
Professional experience

Paul is widely respected in the fields of commercial dispute resolution, intellectual property and insolvency. He appears frequently in the commercial court and has experience of the courts at all levels and a range of tribunals, including the Land Tribunal and Scottish Land Court.

Notable cases

Commercial litigation

  • Milligan v. Jaguar Land Rover Automotive plc [2024] CSOH 96. Acting for the third-party finance companies in vehicle emission group proceedings.
  • FES Ltd v. HFD Construction Group Ltd [2024] CSIH 37. Appeal on whether compliance with notice provisions in a standard form construction contract was a condition precedent to a claim.
  • Dalton Group Ltd v City of Edinburgh Council [2023] CSOH 4, 2023 SLT 237. Claim for damages for breach of contract; raises questions of the measure of damages where the contract could have been lawfully terminated but formal steps to do so were not taken.
  • Longhill Wind Farm LLP v Muirhall Energy Ltd [2022] CSOH 85. Dispute over meaning and assignability of contract provision involving two wind farm operators.
  • Club Los Claveles v First National Trustee Co Ltd [2020] CSIH 33, 2020 SLT 880 and [2022] CSIH 35, 2022 SC 251, 2022 SLT 1165, 2022 SCLR 424. Dispute over attempted removal of a trustee of timeshare property; issues re internal management of unincorporated association
  • Watson v AXA Insurance plc 2022 SLT (Sh Ct) 35, 2022 Rep LR 37. Argument over meaning of “entitled party” in terms of the European Communities (Rights against Insurers) Regulations 2002
  • Andrew Marr International Ltd v Tait [2021] CSOH 121. Breach of warranty claim involving underlying allegations of breach of trust.
  • OMI Facilities Ltd v Bellhill Ltd [2021] CSOH 45-48. Four related cases involving disputes over the management of a hotel business and allegations of fraud
  • Apex Resources Ltd v Macdougall [2021] CSOH 40, 2021 SLT 781. Dispute over enforceability of restrictive covenants
  • Coal Pension Properties Ltd v Technip UK Ltd [2021] CSOH 39, 2021 SLT 1224. Interpretation of dilapidations clause.
  • Brown v Shore Porters’ Society of Aberdeen [2021] CSOH 25, 2021 SLT 477 and [2021] CSOH 37. Dispute about fiduciary duties and powers of expulsion in relation to a trading unincorporated association
  • Ted Jacob Engineering Group Inc v Morrison [2019] CSIH 22, 2019 SC 487, 2020 SLT 14. Complex dispute involving alleged diversion of funds from a business in Dubai, with issues of foreign law
  • Lee, applicant 2019 SLT (Sh Ct) 307. Successful application for disqualified director to remain involved in several other companies

Intellectual property

  • Weatherford Switzerland Trading and Development GmbH v. iiiTec Ltd [2024] SAC (Civ) 11, 2024 SLT (SAC) 142. Patent and know-how licence dispute, including issues of privilege.
  • Reactec Ltd v Curotec Team Ltd [2020] CSOH 77, 2020 SLT 783 and [2021] CSOH 72. Patent dispute involving workplace vibration monitoring devices; attempt to hold parent company liable in costs.
  • University of St Andrews v Student Gowns Ltd [2019] CSOH 86, 2019 SLT 1347, [2020] ETMR 17. Trade mark and passing-off dispute between university and independent supplier of gowns
  • Verathon Medical (Canada) ULC v Aircraft Medical Ltd [2011] CSOH 19. Patent dispute involving video laryngoscopes

Insolvency

  • Urquhart v Liquidators of West Larkin Ltd [2022] CSOH 51, 2022 SLT 851, and [2023] CSIH 16. Dispute over validity of an alleged right to buy the company’s property under the Agricultural Holdings (Scotland) Act 2003
  • Sweeney, noters [2020] CSIH 65. Disputes as to rights of relief, and liquidator’s refusal to challenge rights asserted against the company
  • Hooley Ltd, petitioner [2016] CSOH 141, 2017 SLT 58, [2016] BCC 826. Petitions involving companies incorporated in Scotland but with assets in India, and interaction between Scottish and Indian procedures
  • Winding Up Board of Landsbanki Islands HF v Mills [2013] UKSC 13, 2013 SC (UKSC) 201, 2013 SLT 634, [2013] 1 WLR 725, [2013] 2 All ER 355, [2013] 1 All ER (Comm) 1257, [2013] 1 BCLC 465.Junior counsel for Landsbanki in case involving mutual claims between an insolvent Icelandic bank and its insolvent Scottish subsidiary
  • Joint Administrators of Rangers FC plc, noters [2012] CSOH 55, 2012 SLT 599, [2013] 2 BCLC 436. Acted for Ticketus in challenging the administrators’ right to terminate arrangements entered into for tickets in future years.
Directories
  • Chambers UK Bar – Recommended as leading silk in Commercial Dispute Resolution (Band 2);  Intellectual Property (Band 2); and Restructuring/Insolvency (Band 2)
Select publications
  • Extinction of Servitudes Through Confusion 1995 SLT (News) 228