Scott G. Manson

Construction

• ICC Arbitration concerned with c.£140m claim forming part of suite of disputes between international parties arising out of complex waste to energy projects across United Kingdom and allegations of fraudulent misrepresentation, deliberate breach, defects, delay and time-bar. Five week trial on liability.
• Realm Construction Ltd v ISG Construction Ltd 2024 SLT (SAC) 123. Appeared for successful appellant sub-contractor (without senior) in appeal which secured judgment against main-contractor based on arguments regarding contractually incompetent pay-less notice and proper interpretation and scope of inter-contract set off provisions.
• The Engine Yard Edinburgh Ltd v Bayne Stevenson Associates Ltd [2024] CSOH 13. Junior counsel for employer (led by David Thomson KC) in debate concerned with operation of prescription in relation to contractual obligations for delivery of collateral warranty.
• Legal & General Assurance (Pensions Management) Limited v Stewart Milne Group Limited & others [2023] CSOH 81. Junior counsel for defender architects (led by Garry Borland KC) in multi-party debate in £20m claim concerned with operation of causation, contractual bar and prescription in relation to claims for damages under collateral warranties.
• Loretto Housing Association Ltd v Cruden Building & Renewals Ltd & others (No.2) 2022 Rep. LR. Appeared for the clerk of works (without senior) at debate which successfully secured the dismissal of a contribution and relief claim by the main contractor following the settlement of a complex multi-party construction dispute.
• Arbitration Appeal No.1 of 2021. Junior counsel for successful claimant (led by Garry Borland KC) in arbitration concerned with substantial utilities project and questions of design responsibility, time-bar and product selection and related court applications challenging part awards.
• Greater Glasgow Health Board v Multiplex Construction Europe Ltd & others [2021] CSOH 115. Appeared for the main consultant (led by Lord Keen of Elie KC) in debate concerned with the competency of a commercial court action raised in the face of a mandatory adjudication dispute resolution clause. The action concerns the Health Board’s damages claim for c.£70m in relation to the design and construction of the Queen Elizabeth Hospital in Glasgow.
• Hochtief Solutions AG & others v Maspero Elevatori S.p.A [2020] CSOH 102 (first instance); and 2021 SLT 528 (appeal). Appeared (without senior) at first instance for the Forth Replacement Crossing JV in proceedings to secure enforcement of adjudicator’s award of c.£1.2m. Thereafter appeared with senior (Garry Borland KC) in resisting the sub-contractor’s appeal to the Inner House.
• Muir Construction Limited v Kapital Residential Limited 2017 SLT 1294. Appeared (without senior) for successful contractor in establishing the proper construction of provisions in building contract and the validity of a pay less notice in payment dispute with employer.
• Scot Roads Partnership Project Ltd v Scottish Ministers [2019] CSOH 113. Junior counsel (led by Garry Borland KC) for pursuer in high value dispute between the main contractor and the Scottish Government arising from variations, extensions of time and delays in relation to the M8 motorway improvement project.
• Transform Schools (North Lanarkshire) Limited v Balfour Beatty Construction Limited 2020 SCLR 707. Appeared for contractor (led by Garry Borland KC) in proceedings to enforce adjudicator’s award where breach of natural justice alleged in connection with admission and use of without prejudice correspondence by the adjudicator.
• Loretto Housing Association Ltd v Cruden Building & Renewals Ltd & others (No.1) [2019] CSOH 78. Appeared (without senior) for the clerk of works in a multi-party debate before the Commercial Court on prescription (time-bar) in a complex construction project litigation concerned with the redevelopment of a historic hospital building in Glasgow

Commercial

• DeepMatter Limited v The University of Glasgow 2024 SLT 921. Counsel for successful pursuer (without senior) in commercial action for implement of reasonable assistance obligations arising out of intellectual property disputes connected with University research projects and “spin out” entities in field of advanced chemical science.
• Briggs Marine Contractors Ltd v Bakkafrost Scotland Limited (No.2) 2024 SLT 1164. Counsel for defender (without senior) in application for dismissal raising questions regarding court’s inherent jurisdiction to dismiss actions following sist for arbitration in terms of the Arbitration (Scotland) Act 2010.
• Briggs Marine Contractors Ltd v Bakkafrost Scotland Limited (No.1) 2023 SLT 193. Appeared for successful defender (without senior) in establishing proper construction of arbitration clause in disputes concerned with marine salvage contract.
• Supaseal Glass Ltd v Inverclyde Windows Manufacturing Ltd 2022 SCLR 80. Appeared for defender (without senior) at preliminary proof concerned with nature and effect of inchoate contract and “agreements to agree” bearing on share transfer and exclusivity arrangements.
• Kidd v Lime Rock Management LLP 2021 SLT 1499. Appeared for the successful pursuer (led by Lord Keen of Elie KC) on appeal in overturning the dismissal of a $210m damages claim against US corporations and Scottish solicitors based on allegations of conspiracy, negligence and breach of fiduciary duty following the sale of a substantial shareholding in oil industry company and the earlier settlement of a damages claim against other solicitors.
• Trustees of the ABE Pension Fund v British Polar Engines Ltd [2021] CSOH 118. Appeared (without senior) for the pursuer pension trustees in successfully establishing proper construction of dispute resolution clause in pension trust scheme in order to resist application to send claim to arbitration.
• Scanmudring AS v James Fisher MFE Ltd 2019 SLT 295. Appeared (led by Garry Borland, KC) for successful pursuer in marine case concerned with off-shore hire and chartering arrangements in connection with incident in the German sea causing damage to sub-sea equipment.
• Autauric Limited v Glasgow Stage Crew Limited 2020 SLT 331. Counsel for the pursuer in damages action for breach of contract brought by the promoter of an aborted outdoor concert in Glasgow which was to feature Green Day.
• Caithness Flagstone Limited v Ballyvesey Holdings Limited [2020] SAC (Civ) 1. Junior counsel for successful finance company at proof (led by Gerry Hanretty QC) and on appeal (led by Garry Borland KC) in £1.1m damages claim for breach of implied terms as to quality and title in relation to industrial stone crushing machine. Established fairness and reasonableness of an exclusion clause for the purposes of UCTA 1977; and that there had been no material breach of an implied term to title.
• David MacBrayne Limited v ATOS IT Services (UK) Ltd [2018] CSOH 32. Junior counsel (led by Garry Borland KC) in damages action concerned with termination and breach of complex IT services contract by the operators of Caledonian MacBrayne ferries.
• Shade v AN Young Ltd & another [2019] SAC (Civ) 22. Counsel for successful pursuer at proof and on appeal in establishing personal liability of defender for debts of company under personal guarantee.

Property

• Archyield Limited v Network Rail Infrastructure Limited [2024] LTS 6. Appeared successfully for Network Rail (without senior) in debate before Lands Tribunal for Scotland concerned with the proper construction of the repairing obligations in a long commercial lease forming part of a dilapidations dispute in the context of a statutory application for substantial compensation following compulsory purchase of commercial property affected by the redevelopment project at Queen Street Station in Glasgow.
• Ashraf v Accountant in Bankruptcy & Another [2024] SAC (Civ) 45. Counsel for Proceeds of Crime Administrator in appeal concerned with application for bankruptcy orders in relation to heritable property following sequestration and statutory proceeds of crime orders. Questions of the extent of the court’s discretion in relation to the amendment of pleadings at first instance and on appeal and the proper approach to the analysis of relevant acknowledgements in prescription as related to reciprocal obligations.
• Arbitration Appeal (No.1 of 2023) [2023] CSOH 78. Counsel for successful respondent (without senior) in resisting application for leave to appeal against arbitrator’s part award concerned with interpretation, scope and effect of service charge and rental provisions in commercial lease of hotel premises in Glasgow.
• Bryson v Salmond [2021] SAC (Civ) 29. Counsel for pursuer (without senior) in securing the enforcement at first instance and on appeal of a payment certificate based on the proper construction of the real burden in title conditions and the question of severance for manifest error (unreported decision on latter point).
• Arbitration Appeal No.1 of 2019 2019 SLT 1309. Counsel for successful respondents (without senior) in resisting application for leave to appeal against arbitrator’s decision on interpretation of notice and termination provisions of property contract.
• Anwar v Britton & Barclay 2019 SLT (Sh Ct) 23. Junior counsel for the successful pursuers (led by Robert Howie KC) in action concerned with breach of warranty/misrepresentation and the proper construction of certain standard provisions in the Scottish Standard Conveyancing Clauses.
• Indigo Park Services UK Ltd v Watson 2017 GWD 40-610. Counsel for pursuer in establishing the contractual validity of controversial private parking arrangements at Ninewells Hospital and the operation of the rule against penalties in contract and consumer rights legislation.

Professional liability

• A.C. Morrison & Richards LLP v Souter [2024] SC ABE 19. Appeared for successful pursuer solicitors at debate which secured judgment absolving them of liability in relation to former client’s counterclaim for damages because of the operation of prescription (time-bar).
• WPH Developments Ltd v Young & Gault LLP (In Liq.) 2021 SLT 905. Appeared for defender architects (without senior) in successful appeal to the Inner House which over-turned first instance judgment and absolved the architects of liability on the ground of prescription (time-bar). Leading case on consolidating the law on the proper interpretation of s.11 (3) of the Prescription & Limitation (Scotland) Act 1973 in damages claims for professional negligence.
• Franks & others v Inglis 2021 GWD 24-335. Appeared for defender architect (without senior) in debate in c.£1m damages claim which resulted in architects being absolved of liability on the grounds of prescription (time-bar) and successfully established defence based on lack of reliance in relation to professional consultants certificates.
• Politakis v Spencely & James Scott Engineering 2018 SC 184 (Inner House); 2016 GWD 11-211 (Sheriff Appeal Court); 2017 GWD 18-281 (Sheriff Court). Counsel for arbiter (without senior) at first instance and on appeal in successfully defending proceedings concerned with his liability in damages to unsuccessful party in a long running commercial arbitration. Inner House decision established the proper test for leave to appeal applications based on new statutory scheme under the Courts (Reform) Scotland Act 2014.
• Hughes & others v Turning Point 2019 SLT 651. Junior counsel for successful defender (led by Roddy Dunlop KC) in action concerned with the scope of duty owed by health workers at an an adult crisis centre following the death of a service user.

• Chambers UK Bar – Recommended as a Band 1 leading junior in Commercial Dispute Resolution;  Construction; and Professional Negligence; and Band 2 in Real Estate Litigation.
• Legal 500 – Recommended as leading junior in Commercial, Construction and Property Disputes

Quotes

Commercial Dispute Resolution

• “Scott is an invaluable ally and formidable opponent who draws together a comprehensive skill set, sound tactical judgement and robust advocacy.”
• “Scott is a gifted advocate who is excellent on his feet, fantastic with clients and has a clear eye for the commercial core of disputes.”
• “Scott is one of Scotland’s leading junior counsel in complex commercial disputes. He is a fearless and tenacious performer in court.”

Construction

• “Scott Manson is a highly sought-after junior. He offers particular expertise handling disputes arising from construction projects, including claims of negligence, breaches of contracts and defects.”
• “Scott Manson is my go-to junior. He is an excellent all-rounder and is fantastic with clients. Scott is incredibly commercial and he also develops a strategy from the outset. His written work is excellent and he is a master litigator.”
• “Scott Manson is very good technically, very personable, very easy to work with and very sharp on the legal point.”
• “Scott Manson is highly knowledgeable as well as very good with clients and has a practical approach. He distils very complex matters to understandable chunks to clients.”

Professional Negligence

• “He is an excellent all-rounder and fantastic with clients. Scott is incredibly commercial and he also develops a strategy from the outset. His written work is excellent. He is a master litigator.”
• “Scott is an incredibly excellent junior counsel who brings an awful lot of experience and is commercially aware.”
• “He ticks all the boxes. He is capable, commercial, strategically astute, user-friendly, excellent on his feet and delivers a great level of service. He is one of the very best.”

Real Estate Litigation

• “Scott Manson is a go-to junior for difficult cases. He brings a level of intellect and analysis which is difficult to match. His strategic sense is a major asset.”
• “Scott is an excellent junior. He is bright and good at the commercial as much as the legal aspects. Clients like him because he is personable and robust in his advice.”

Legal 500

• ‘A first class advocate with an impressive skill set which allows him to analyse even the most complex of cases and to advise promptly in a digestible manner. He is incredibly approachable and friendly, which makes him a pleasure to work with. Clients like him. ‘