Expertise

Joan is a commercial litigator with particular expertise in property, banking and insolvency related disputes. Joan has conducted litigation in the Sheriff Court, the Court of Session and at Arbitration. She has also has taken part in a number of mediations.

Joan acts for a range of clients including landlords, tenants and owners of commercial premises as well as secured lenders and insolvency practitioners.

The cases Joan has handled include dilapidations claims, interpretation of leases, rent review disputes, disputes relating to unreasonable withholding of consent to assignations, secured recoveries, guarantee enforcement, professional negligence, and applications under the Insolvency legislation.

Experience
  • Advising a client regarding two high value dilapidations claims. Advice in particular regarding response to the schedules served; response to court proceedings raised and the overall strategy
  • Representing a land owner in an arbitration regarding assessment of the price to be paid for land under an option agreement. This involved determination of the Market Value and the Abnormal Costs of development.
  • Acting for a secured lender who had lent substantial sums to an overseas company and required to gain control of a property asset in Scotland without acquiring the liabilities of a heritable creditor in possession.
  • Acting for the tenant of office premises in a dispute regarding whether or not the landlord had waived the right to seek a review of the rent and a reference to a third party expert to determine the rent.
  • Acting as clerk to the Arbitrator in a rent review dispute where the impact of capital payments required to be determined.
  • Representing a Bank in two high value professional negligence claims against surveyors in respect of negligent overvaluations which were successfully resolved at mediation
  • Successfully representing a client in opposing an urgent application for interim orders in the Court of Session where complex issues arose regarding the terms and conditions of a banking contract
  • Acting for the Liquidator of two companies in an application to the Court for directions regarding highly complex and competing claims in the liquidations
Professional memberships
  • Legal Member of the First-tier Tribunal for Scotland (Housing and Property Chamber)
  • Member of the Law society of Scotland
Testimonials

"Very thorough and clear and easily understandable in any correspondence"
Chambers 2016