Patrick has experience of a broad range of commercial disputes, including commercial contractual, property and insolvency matters. Patrick has advised on and instructed Counsel in a number of high profile finance disputes in the Scottish Courts involving banks, private equity firms and other financial institutions. He has also appeared in the Sheriff Court in a range of commercial actions.
Patrick regularly advises clients on matters of contractual interpretation, including in the context of insolvency and commercial property, and provides strategic advice to clients in relation to recoveries and enforcement. In addition to Sheriff Court and Court of Session litigation, Patrick is an advocate of alternative dispute resolution and has guided clients through a range of arbitrations and mediations.
Patrick's experience includes:
- Acting for a loan fund in a high profile litigation in the Court of Session where our client sought repayment against a background where the key security documentation had been lost. Following a 3 day proof, we were successful in proving the tenor of the missing security and in overcoming various challenges to the manner in which the security had been transferred from one lender to another.
- Defending a bank in a complex action in the Court of Session in which the directors of a borrower company sought reduction of personal guarantees they had granted in support of the company. The case involves a range of allegations against the bank, including misrepresentation in relation to certain property valuations.
- Acting on behalf of a limited company in respect of a payment under a commercial contract which had been intercepted by a third party fraudster. Successfully negotiated a settlement in respect of 90% of the principal amount sought.
- Acting for an individual in a professional negligence claim against their accountant who had failed to transfer their company's assets prior to having the corporation dissolved. We successfully negotiated a disclaimer of certain assets from the QLTR, which has allowed us to proceed with a professional negligence action for damages against the former accountant.
- Conducting an Arbitration under the Scottish Arbitration Rules in relation to the interpretation of Real Burdens encumbering our client and the neighbouring proprietor's property. The Arbitration dealt with the interpretation of the Real Burdens and whether the significant development to both parties' land had an impact on the interpretation of the Real Burdens.
- Acting for a Public Limited Company in relation to the recovery of service charge arrears amounting to £350,000 from a commercial tenant and defending a counterclaim for damages against the client for £1.1million.