Craig RK Sandison QC

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email [email protected] Craig R.K. Sandison Q.C.

Year Of Call: 1996 Silk: 2009

Practice Areas Practice Profile

Alternative Dispute Resolution Craig’s practice is based on commercial, company and property Commercial Dispute Resolution litigation, with main subsidiary areas of expertise in insolvency, Company professional negligence and intellectual property law. He also Competition, Procurement and Regulation regularly acts in cases involving wills, trusts and succession, Employment defamation and common good law. He represents and advises Intellectual Property clients ranging from state entities at home and abroad, through Media and Information Law well-known political and business figures, to businesses of all sizes, Professional Liability as well as private individuals. His straightforward, practical and Real Estate Litigation client-centred approach means that he has very many repeat and Restructuring/Insolvency referral clients. He has continually been in the top tier of the Trusts and Succession rankings in Chambers UK, the Legal 500 and other specialist legal guides for many years.

Court and Tribunal Experience

Craig has very extensive experience of advocacy in courts and tribunals at all levels, from Sheriff Courts through Outer and Inner Houses of the Court of Session, to the former Appellate Committee of the House of Lords and now the Supreme Court of the United Kingdom, as well as in the Scottish Land Court, the Lands Tribunal for Scotland, and at commercial and other arbitrations. He is the only Scottish advocate to have appeared before the Investigatory Powers Tribunal.

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Qualifications/Education Administrative Law (including judicial review)

Stringfellow v. Showmen’s Guild of Great Britain [2017] CSOH 62 Education For the defending trade association in judicial review of their Ph.D. in Jurisprudence at Magdalene College, disciplinary rules and procedures. Cambridge.

Moran v. Police Scotland (2016) Professional Qualifications For the complainants in an unlawful interception of communications LL.B. (Hons.), LL.M. (Hons.), Ph.D. case before the Investigatory Powers Tribunal.

Shetland Line (1984) Ltd v. Scottish Ministers [2016] CSOH 41

For the petitioners seeking judicial review of award of Northern Isles ferry service contract.

Ashley v. Scottish Football Association Ltd [2016] CSOH For the petitioner in judicial review of SFA disciplinary processes.

G. v. Watson 2015 SC 222 For the petitioner in Inner House judicial review proceedings for suspension and reduction of disciplinary proceedings against managing director of company

Healthcare at Home Ltd v. Common Services Agency 2014 SC(UKSC) 203 For the pursuers in Supreme Court healthcare services public procurement case.

Patersons of Greenoakhill Ltd v. South Lanarkshire Council 2014 SCLR 583 For the petitioners in waste disposal services public procurement case.

Robertson v. Fife Council 2002 SC(HL) 145; 2001 SC 849; 2000 SLT 1226 For the petitioner in leading case on circumstances in which value of property transferred by elderly person to be taken into account in charging for residential care costs subsequently incurred by that person.

Codona v. Showmen’s Guild of Great Britain 2002 SLT 299 For the defending trade association in judicial review of their disciplinary rules and procedures.

MacKinnon v. Argyll & Bute Council 2001 SLT 1275 For the petitioner resisting attempt by local roads authority to adopt private road for its own purposes.

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EU Law

Shetland Line (1984) Ltd v. Scottish Ministers [2016] CSOH 41 For the petitioners seeking judicial review of public procurement One of the best strategic of Northern Isles ferry service contract. thinkers you'll encounter Healthcare at Home Ltd v. Common Services Agency 2014 in the Scottish legal SC(UKSC) 203 For the pursuers in Supreme Court healthcare services public profession; he consistently procurement case. impresses. Patersons of Greenoakhill Ltd v. South Lanarkshire Council 2014

SCLR 583 Chambers & Partners For the petitioners in waste disposal services public procurement case.

Calor Gas Ltd v. Express Fuels (Scotland) Ltd 2008 SLT 123; [2008] UKCLR 1 For the pursuers in competition law case where defence to action for breach exclusive dealership agreement met with claim of abuse of dominant position in gas supply market.

WM Fotheringham & Son v. British Limousin Cattle Society Ltd 2004 SLT 485; [2004] Eu. L.R. 786 For the defenders in Inner House case on the circumstances in which regulations of cattle breed registration society capable of amounting to abuse of a dominant position in the market.

Marodi Service di D Mialich v. Mikkal Myklebusthaug Rederi A/S 2002 SLT 1013 For the defenders in action for arrestment of ship to found jurisdiction, raising question of inter-relationship of Hague, Rome and Brussels Conventions.

Rossmeier v. Mounthooly Transport 2000 SLT 208; 1999 SCLR 236 For the pursuer in Inner House case claiming discrimination on ground of nationality in operation of Court procedures.

Media & Defamation

KivuWatt Ltd v. Dane Associates Ltd [2012] CSIH 27; [2011] CSOH 118; 2011 GWD 24-530 For the pursuers in Outer and Inner House action for interdict against causing loss by unlawful means/malicious falsehood by representations in relation to gas extraction and electricity generation scheme in Rwanda.

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Aberdeen Journals Ltd, Petitioners – June 2009, unreported For the petitioners in application to nobile officium of High Court of Justiciary against finding of publication contempt.

Keeper of HM Privy Purse v. MGN Ltd - unreported For the pursuer in action to prevent publication of observations of journalist masquerading as Royal footman during State visit by U.S. President.

Fawcett v. Associated Newspapers Ltd – November 2003 For the pursuer in action to prevent publication of false defamatory material about operation of Royal Household.

HRH Prince of Wales v. Scottish Daily Record - unreported For the pursuer in action to prevent publication in breach of confidence of material concerning operation of Royal Household by former servant.

Professional Liability

Soofi v. Dykes [2017] CSOH 2 For the pursuer in case alleging negligent advice by solicitor in connection with business purchase.

Bank of Ireland (UK) Ltd v. Knight Frank LLP [2015] CSOH 157 For the successful defenders in surveyor’s negligence case regarding jurisdiction of Scottish courts.

Park’s of Hamilton (Holdings) Ltd v. Holmes Mackillop LLP [2015] CSOH 6 For the successful pursuers alleging loss through solicitor’s negligence arising out of advice concerning enforcement of warranties in a share purchase transaction.

Hawthorne v. Anderson [2014] CSOH 65 For the pursuer in case alleging solicitor’s negligence in complex conveyancing transaction.

Manorgate Ltd v. First Scottish Property Services Ltd [2013] CSOH 108 For the successful pursuers in action based on negligent issue of property enquiry certificate

Wilson v. Dunbar Bank plc 2008 SC 457; 2006 SLT 775 For the defender in Inner House case in an action for alleged

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wrongful sale of heritable security subjects at a price below that reasonably obtainable; also leading authority on circumstances in which interest on damages exigible pre- and post-decree.

Jackson v. Hughes Dowdall 2008 SC 637 For the pursuer in Inner House case in an action for damages said to have been sustained by negligent conduct of divorce proceedings by former solicitors; also leading case on appropriate limits of informal conduct of commercial causes.

Fraser v. Professional Golfers’ Association Ltd 2009 SCLR 324; 2005 SCLR 1 For the pursuer in Inner House case in an action based on alleged negligent marking of an examination affording entry to career as professional golfer.

Keith v. Davidson Chalmers 2004 SC 287; [2003] PNLR 10 For the pursuer in Inner House case on damages recoverable for alleged wrongful advice by solicitors to company director on the scope and content of his fiduciary duties.

Trusts and Executry Law

Lumsden v. Lumsden [2016] CSOH 53 For the beneficiary in an action involving construction of will and codicils

Kane v. Baxter - unreported For the pursuer in action to prove the tenor of a will contained in a (lost) suicide note.

Greenan v. Courtney 2007 SLT 355 For the pursuer in the leading modern case (first in over a century) on the application of the conditio si testator sine liberis decesserit.

Property Law and Conveyancing

Moor Row Ltd v. DWF LLP [2017] CSOH 63 For the landlords in a dilapidations case where action claimed to be premature.

ASA International Ltd v. Kashmiri Properties Ltd [2016] CSIH 70 For the pursuers in leading modern Inner House case on implied servitudes.

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Landvest PCC Ltd v. Archdiocese of St Andrews [2016] CSOH 109 For the pursuers in case where unilateral promise said to create obligation to recognise exclusive option to negotiate for the acquisition of development land.

APCOA Parking (UK) Ltd v. Crosslands Properties Ltd [2016] CSOH 63 For the tenants in dilapidations case where landlord’s obligation to provide property without defects held to be counterpart of tenant’s repairing obligations.

@SIPP Pension Trustees v. Insight Travel Services Ltd 2016 SC 243 For the tenants in Inner House dilapidations case providing one of the two views (for the other, see Grove Investments Ltd, infra) of proper modern approach to construction of commercial contracts, and the difference between damages and payment clauses.

Mapeley Acquisition Company (3) Ltd (In Receivership) v. City of Edinburgh Council [2015] CSOH 29 For the landlord in dilapidations case construing the issue of damages as against payment clauses.

Grove Investments Ltd v. Cape Building Products Ltd 2014 Hous LR 35 For the tenants in Inner House dilapidations case providing one of the two views (for the other, see @SIPP Pension Trustees, supra) of proper modern approach to construction of commercial contracts, and the difference between damages and payment clauses.

Arlington Business Parks GP Ltd v. Scottish & Newcastle Ltd [2014] CSOH 77 For the landlords in break clause case where tenants held disqualified from breaking as premises not in good order at break date.

Drumpellier & Mount Vernon Estates v. Meehan [2012] CSOH 154 For the successful pursuers in an action against “title raiders” claiming rights from an a non domino disposition.

Baron of Bachuil v. Paine [2012] CSOH 161 For the successful petitioner in interdict proceedings against access being taken over land on the basis of a claimed prescriptively-acquired servitude right.

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Compugraphics International Ltd v. Nikolic 2011 SC 744; 2011 SLT 955 For the pursuers in Inner House case raising questions of the construction of title deeds ambiguous as to boundaries, and as to the existence and prescriptive acquisition of servitudes of projection and support.

BATT Cables plc v. Spencer Business Parks Ltd 2010 SLT 860 For the tenant pursuers in a Commercial Court dispute about the implicit duties of agents to receive formal termination notices in terms of commercial leases.

Holms v. Ashford Estates Ltd 2009 SLT 389; 2006 SLT (Sh.Ct.) 161 For the defending sellers in an Inner House case on application of title warrandice clause to servitudes of access and parking; whether and how one can be evicted from a servitude right.

MacColl v. Crofters Commission 2010 SLT 128; 2007 Hous. L.R. 46 For the pursuers in an action to reduce a crofting tenancy on the basis that the consent of the Crofters Commission to its assignation had been impetrated by fraud.

Thomas v. Allan 2004 SC 393 For the defenders in an Inner House case on construction of ambiguous tile deed relating to servitude of access; what amounts to an obstruction of servitude of access.

Patterson v. Menzies 2001 SCLR 266 For the pursuer seeking to stop threatened operations on land pending resolution of title dispute.

Dougbar Properties Ltd v. Keeper of the Registers of Scotland 1999 SC 513 For the pursuers in action for indemnity from Keeper of Registers consequent upon rectification of Land Certificate for commercial property.

Oliver & Son Ltd, Petitioners – 1999 SC 656 For the petitioners in Inner House case determining the availability of common law procedures for the removal from land of occupiers whose identities are unknown.

Intellectual Property Law

Schuh Ltd v. Shhh … Ltd [2011] CSOH 123 For the pursuers in trademark case concerning use of similar sign in relation to identical classes of goods, taking unfair advantage

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of, and causing detriment to distinctive character or repute of registered mark.

Gleneagles Hotels Ltd v. Quillco 100 Ltd 2003 SLT 812 For the defenders in case about whether use of a trading style similar to a registered trademark amounted to an infringement of that mark and/or a case of passing-off.

Thistle Communications v. Thistle Telecom Ltd 2000 SLT 262 For the pursuer in a passing-off action to prevent multinational communications company moving into Scottish market using a trading style similar to that of existing small trader.

Teknek Electronics Ltd v. KSM International Ltd [1998] ETMR 522 For the defender in claim of trademark infringement by circulation of price list comparing trademarked goods and claimed equivalent alternatives.

Company Law

Gray v. Braid Logistics (UK) Ltd [2017] CSOH 44 For former employee claiming that decision to dismiss him neither authorised nor ratified by Board.

Gray v. Braid Group (Holdings) Ltd 2016 SLT 1003 For the petitioner in unfair prejudice case where majority shareholders’ rights constrained by shareholders’ agreement.

Global Port Services (Scotland) Ltd v. Global Energy (Holdings) Ltd [2015] CSIH 42 For the pursuer in Inner House case construing shareholders’ agreement and Articles in merged company.

G. v. Watson 2015 SC 222 For the petitioner in Inner House judicial review proceedings for suspension and reduction of disciplinary proceedings against managing director of company

Park’s of Hamilton (Holdings) Ltd v. Campbell 2014 SC 726 For the pursuing former shareholders in successful Inner House case seeking compensation from former director for secret profit, breach of fiduciary duty, etc.

Urquhart v. Glenhaven Ventures [2013] CSOH 151 For the successful pursuer in action seeking reduction of purported share transfers as sham transactions

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Kirkham v. McDonald [2012] CSOH 6 For the successful pursuer in action for reduction of unlawful appointment as company director

Glencoe Developments Ltd v. Sneddon [2012] CSOH 43 For the successful pursuers in action for reduction of unlawful acts of directors in disposing of substantial non-cash asset of company to related person

HM Secretary of State, BIS v. Campbell 2010 GWD 29-597 For the defending director in disqualification proceedings against director accused of various breaches of duty over a prolonged period during which he was seriously ill

Primary Health Care Centres (Broadford) Ltd v. Ravangave 2009 SLT 673 For the defending former partner in a dissolved firm being pursued for obligations said to arise jointly and severally from a lease to the firm.

McLean v. Zonal Retail Data Systems Ltd 2009 SCLR 763 For the defending directors in an unfair prejudice petition concerning the affairs of a family-owned company

Fowler v. Gruber [2010] 1 BCLC 563 For the defending director accused of unfairly prejudicial conduct in the running of a quasi-partnership company

Anderson v. Hogg 2002 SC 190 For the defenders in leading Inner House case on the minimum that requires to be proved in order to establish unfairly prejudicial conduct

Balfour Beatty Ltd v. Brinmoor Ltd 1997 SLT 888 For the pursuers in case where defenders ordained to find caution at common law as precondition to permission to continue to defend

Commercial Law

Kinloch v. Coral Racing Ltd [2017] CSOH 43 For the successful defending bookmakers resisting claim that a bet on relegation of Rangers FC from the Scottish Premier League was a successful one.

HOE International Ltd v. Andersen [2017] CSIH 9 For purchasers of a company’s shares claiming for breach of

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warranty; leading modern Scottish case on whether pactional notice requirements require strict or merely functional compliance.

University Court of the University of St Andrews v. Headon Holdings Ltd [2015] CSOH 113 For the pursuers alleging partnership open to reduction as a result of pre-formation misrepresentations.

Centre for Maritime and Industrial Safety Technology Ltd v. Ineos Manufacturing Scotland Ltd [2015] CSOH 104 For the successful defenders resisting claim for compensation after early termination of contract.

Ted Jacob Engineering Group Inc v. RMJM 2014 SC 579 For the defenders in case seeking to use documents recovered by way of “dawn raid” based on allegations of breach of duty arising out of action in foreign jurisdiction.

MacDonald v. Pollock 2013 SC 22 For the respondents in Inner House in sale of goods case raising issues of “sale in course of a business”, opportunity to inspect, and exercise of right of rejection

Cramaso LLP v. Viscount Reidhaven’s Trustees [2014] AC 1093 For the landlords in Supreme Court case for reduction of a sporting lease on the ground of alleged fraudulent and negligent misrepresentation.

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Profile Projects Ltd v. Elmwood (Glasgow) Ltd 2011 SLT 975 For the defenders in commercial court case successfully resisting enforcement of award of an adjudicator under the Scheme for Construction Contracts on ground of lack of jurisdiction of adjudicator

Aberdeen City Council v. Stewart Milne Group Ltd 2012 SC (UKSC) 240 For the successful pursuers in commercial court and on appeal in the Inner House and Supreme Court on the question of the proper construction of a profit-share clause in a contract for the sale of public land for commercial development

Kodak Processing Companies Ltd v. Shoredale Ltd 2010 SC 113 For the pursuing landlord in an Inner House case on the issue of irritation of a commercial lease while the statutory procedure provided to do so was disabled as the result of a postal strike.

Holland House Property Investments Ltd v. Crabbe 2008 SC 619 For the defender in an Inner House case on circumstances whether expert determination of a rent review has been conducted, and ought to be treated, as an arbitration.

East Renfrewshire Council v. Glasgow City Council 2009 SC 197 For the pursuing local authority seeking payment for provision of special educational needs services to children of parents residing in area of another local education authority

Macdonald Estates plc v. Regenesis (2005) Dunfermline Ltd 2007 SLT 791 For the pursuers in commercial court dispute about construction of complex contracts for the reimbursement of costs incurred by one member of an abortive commercial development joint venture

Onyvax Ltd v. Endpoint Research (UK) Ltd (2008) 101 BMLR 1 For the pursuers in action for enforcement of terminated clinical research contract and interim return of clinical data gathered

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Loy v. Abbey National Financial and Investment Services plc 2006 SLT 761 For defending employers in claim that change in employee’s working environment amounted to a redundancy situation with consequent entitlement to severance payment

Howgate Shopping Centre Ltd v. Catercraft Services Ltd 2004 SLT 231 For the defender in a commercial court case on construction of sub-lease of retail premises; circumstances in which advantageous rent review provisions in head lease communicable to sub-tenant

Thompson v. Jardine 2004 SC 590 For the pursuer in Inner House case on the circumstances in which a loan is repayable when the conditions for its repayment are of an indefinite nature

MRS Distribution Ltd v. DS Smith (UK) Ltd 2004 SLT 631 For pursuers in the leading modern Scottish case in the commercial court on delegation and novation of contractual obligations in the context of corporate reorganisations.

Glasgow City Council v. Caststop Ltd 2003 SLT 526; 2002 SLT 47 For the defenders in Inner House case about proper construction of profit clawback clause in contract for the sale of development land when the condition triggering payment was achieved by related company

OCRA (Isle of Man) Ltd v. Anite Scotland Ltd 2003 SLT 1232 For the defenders in commercial court case raising question of circumstances in which software supply contract claim could relevantly be maintained against parent and subsidiary companies involved at varying times in the supply

Watson Building Services Ltd v. Harrison 2001 SLT 846 For the petitioners in early case seeking Court’s intervention in construction adjudication

G&S Properties v. Francis 2001 SLT 934 For the pursuing estate agency seeking to enforce sole selling rights agency contract

Hardie Polymers Ltd v. Polymerland Ltd 2002 SCLR 64 For the defenders in commercial court case on the proper construction of a commercial agency agreement on the question of the availability of compensation or alternatively indemnity upon termination

La Pantofola D’Oro SpA v Blane Leisure Ltd 2000 SLT 105; 2000

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SLT 1264 For the pursuers in commercial court action for payment for retail supply of football boots; circumstances in which right to arbitration implicitly waived

Abbott v. Forest Hills Trossachs Club 2001 SLT (Sh.Ct.) 155 For the defending timeshare club in dispute about ability of club to raise additional charges for refurbishment works

Dowling & Rutter v. Abacus Frozen Foods Ltd 2002 SLT 491 For the defender claiming entitlement to refuse to pay contract price for agency labour supplied on grounds that the workers transpired to be illegal immigrants

Lithgow Factoring Ltd v. Nordvik Salmon Farms Ltd 1999 SLT 106 For the pursuing company in commercial court case where claimed defective goods were accepted, and obligation to consign price pending resolution of damages claim under Sale of Goods Act arose

Jack Allen (Sales & Service) Ltd v. Smith 1999 SLT 820 For the pursuing former employers seeking enforcement of restrictive covenant and confidentiality agreements in particular industry where no benefits were claimed to flowed therefrom

Bankruptcy and Insolvency Law

Hooley Ltd v. Ganges Jute Private Ltd 2017 SLT 58 For the successful pursuers in action involving consideration of right to appoint receiver and “modified universalism” as part of Scots law of insolvency.

3052775 Nova Scotia Ltd v. Henderson 2015 SLT 691 For the pursuers in action seeking reduction of Court of Session decree which in turn reduced disposition supposedly granted by way of gratuitous alienation.

Henderson v. Foxworth Investments Ltd 2014 SC(UKSC) 203 For the successful defenders in Supreme Court case for reduction of standard security granted over title subsequently reduced as a gratuitous alienation.

Henderson v. 3052775 Nova Scotia Ltd 2006 SC(HL) 85; 2005 1 SC 325 For the defenders in case of alleged gratuitous alienation of heritable property by company; evidence sufficient to establish character of alienation; also the modern leading case in the

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House of Lords on principles governing grant or refusal of summary decree.

Armstrong v. G Dunlop & Son’s Judicial Factor 2004 SLT 295 For the respondent in case about circumstances in which judicial factor on the sequestrated estates of a partnership entitled to recover possession of heritable property of the partnership from former partner.

McGruther v. James Scott Ltd 2004 SC 514; 2003 SC 495 For the petitioner in the leading Inner House case on circumstances in which a liquidation may be sisted other than when creditors’ claims paid or secured in full.

Mackay v. Accountant in Bankruptcy 2004 SLT 777 For the pursuers in case raising question about the material sufficient to establish that heritable property nominally held by sequestrated husband was in fact held in trust for his wife, and thus outwith the estates in sequestration.

Baker Hughes Ltd v. CCG Contracting International Ltd 2005 1 SC 65 For the petitioners in case raising issue of when a bona fide dispute about whether company unable to pay its debts as they fall due was sufficient to prevent liquidation.

Kerr v. Aitken [2000] BPIR 278 For the defending spouse of a sequestrated person claiming that adequate consideration had been given for a transfer of heritable property by way of complex obligation exchange arrangements.

Sports Law

Kinloch v. Coral Racing Ltd [2017] CSOH 43 For the successful defending bookmakers resisting claim that a bet on relegation of Rangers FC from the Scottish Premier League was a successful one.

Ashley v. Scottish Football Association Ltd [2016] CSOH For the petitioner in a judicial review of SFA disciplinary process.

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Banking and Finance Law

Wilson v. Dunbar Bank plc 2008 SC 457; 2006 SLT 775 For the defender in Inner House case in an action for alleged wrongful sale of heritable security subjects at a price below that reasonably obtainable; also leading modern authority on circumstances in which interest on damages exigible pre- and post-decree.

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