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Eoghainn CM Maclean
Year Of Call : 1995
Ad-hoc Advocate Depute from 2011
Areas of practice
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Summary
Eoghainn MacLean specialises in commercial law. He is typically instructed in legally and factually complex cases. He regularly appears in commercial causes before the Court of Session and the Sheriff Court in a wide range of disputes, including those involving commercial contracts and property of all sorts, company law, insolvency, professional negligence, construction, technology, marine, media and cross-border issues. He has often worked with senior counsel, but is confident, and experienced, in conducting complicated litigation alone against senior counsel or joint senior and junior counsel. He has a particular interest in competition law and has recently given a series of talks to a range of bodies on the implications of competition law to the Scottish and English football leagues.
Selected Cases
- McSorley v Drennan 2011 - Defence of damages claim against clients arising from solicitors' convenancing error at debate and appeal.
- Rodenhurst v MacLeod & MacCallum 2010 - Solicitors' professional negligence in prior litigation.
- Forth HA Ltd v McGhie, Chambers Ltd & Cheine & Tait 2010 - Financial advisors' and auditors' professional negligence at hearings & proof (trial).
- C&SG(T)CIC 2010 - Damages claims from application of public procurement rules to local authority’s “in-house” contracts.
- Diamond Investigations Ltd v Jackson 2010 - Extensive claim for close personal protection fees at debate.
- Wallace Hodge & Co v MTS Properties Ltd 2009 - Successful defence of multiple counterclaims for solicitors’ professional negligence at debate.
- Sneddon v MacCallum & Glencoe Development Ltd 2009 - Hearings in cross claims in directors’/shareholders’ deadlock dispute.
- Alexander George & Co (Investments) Ltd v Corbett 2009 - Multiple processes and hearings in successful defence of enforcement and insolvency proceedings on long term debt bond against leisure development company and its director.
- Sunderland Marine Mutual Insurance Co Ltd v BOC Ltd-2007 - Extended proof in successful defence of complex damages claim for sudden death of 1/2m salmon from loss of oxygen supply to fish farm production process.
- PIK Facilities Ltd v Watson's Ayr Park Ltd 2004 - Competition action debate, appeal & written & oral submissions to Scottish Parliament & strategic advice on take-over of opponents.
- Lujo Properties Ltd v RBS plc & Schuch Ltd 2006 - Commercial leasing proof.
- Unchained Growth Plc (In Liquidation) v Gray 2005 - Directors' duties debate.
- Production Systems Modelling Ltd v Pringle 2005 - Directors' duties.
- Morton Machine Co Ltd v WAM Spa 2004 - Competition - State aids.
- Skanska Construction UK Ltd v Universal Steel Ltd 2004 - Marine engineering poof.
- Kenneil v Kenneil 2004 - Division and sale of estate.
- Ferrier Pumps Ltd v Dundas & Wilson 2004 - Professional negligence.
- Phillips & Jones v Metecno UK Ltd 2004 - Insolvency.
- Miller Homes v Frame 2001 - Enforcement of option to purchase development land at debate.
- Headrick's Trs 2000 - Bankruptcy inquiry in international bank fraud.
- NWS Trust Ltd v Siwek 1998 - Finance house litigation appeal
Publications
- Eoghainn MacLean has had numerous published articles on civil procedure in the Court of Session.
Additional information
- Eoghainn is pronounced “A1”.
