practice areas€¦ · web view2019-11-15 · • 'words and concepts: trust and...

Ross G Anderson

AdvocateYear Of Call: 2013

Practice Areas

Administrative & Public LawAlternative Dispute ResolutionBanking, Finance and PensionsCivil Liberties, Human Rights and EU LawCommercial Dispute ResolutionCompanyConstructionInformation TechnologyIntellectual PropertyInternational LawProfessional LiabilityReal Estate LitigationRestructuring/InsolvencyShippingTaxTrusts and Succession

Court and Tribunal Experience

UK Supreme Court, Court of Session, Election Court, Sheriff Appeal Court, Upper Tribunal (TCC), Scottish Land Court, Sheriffs Principal, sheriff courts, First-tier Tribunal, Employment Tribunal, arbitrations and expert determinations

Qualifications/Education

LLB (Hons), PhD, DipLP University of EdinburghFCIArb

Practice Profile

“He's smart, proactive and pragmatic - a future star." "He's highly intelligent, great with clients and very approachable.” (Chambers, 2019, Commercial Dispute Resolution, Band 2)

“Very impressive ability to translate academic skills into practical advice to clients. Good on his feet as well” (Chambers, 2019, Real Estate Litigation, “Up and Coming”) “Very good analytical skills” (Chambers, 2019, Tax, “Up and Coming”)

“He's a junior with an extremely good sense of commerciality and pragmatism and has an excellent manner when dealing with solicitors and clients." "He's very good on particularly complex technical disputes." (Chambers, 2018, Commercial Dispute Resolution, Band 2; Real Estate Litigation, “Up and Coming”)

“He has a fantastic ability to get to grips with the commercial reality of a dispute, as well as the legal and factual issues.” “A rising star at the Commercial Bar” (Chambers, 2017, Commercial Dispute Resolution, “Up and Coming”)

Ross's practice focuses on commercial dispute resolution, company and insolvency law, property law, trusts and tax. He has a significant advisory practice in all these areas. Ross appears regularly in commercial litigation in the Court of Session as well as in the sheriff courts. Ross is a standing junior counsel to the Advocate General (HMRC) where he appears regularly in tribunals as well as in the Court of Session. He has a subsidiary interest in public law and human rights cases. In 2015, Ross acted as junior counsel for the respondent Member of Parliament successfully opposing the orders sought in the first Election Petition to be heard in Scotland in fifty years.He has been instructed as an expert witness on Scots law in foreign litigation. He is a Fellow of the Chartered Institute of Arbitrators, a Fellow of the European Law Institute and an Honorary Research Fellow of the School of Law in the University of Glasgow.

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Ross G [email protected]

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“He is commercial, decisive and straight-talking when giving advice and is perceptive and persuasive when in court”

Chambers 2016, Commercial Dispute Resolution, “Up and Coming”

web ampersandadvocates.comphone +44 (0)131 260 5674fax +44 (0)131 225 3642

Ampersand AdvocatesAdvocates’ LibraryParliament HouseEdinburgh, EH1 1RF

http://uk.linkedin.com/in/rossgandersonadvocate

mailto:[email protected]

Banking and Finance Law

Legal & Equitable Nominees Ltd v Scotia Investments LP [2019] SAC (Civ) 23Question of validity and sufficiency of calling up notices served on English limited partnership and its general partner.

PRA Group (UK) Ltd v Reilly [2018] SC GLA 59Counsel for Pursuer assignee of credit card receivable, opposing pleas of prescription under Scots law and English law in context of consumer credit agreement; arguments on validity of choice of law in consumer contract under Rome I and Rome Convention

Promontoria (RAM) Ltd v Moore [2017] CSOH 88Commercial court decision on assignability of bank guarantee

@Sipp (Pension Trustees) Ltd v Campbell, 2016Sole counsel for Pursuer against senior counsel for the Defender; successfully disposing of argument that Pursuer pension fund had no title to sue to enforce loan and heritable security following restructuring of fundhttps://web.tresorit.com/l#BdZT7iCqU7138ulsQfdq5Q

Company Law

Junior counsel in multiple claims relating to alleged breaches of duty in relation to energy market in Eastern Europe (Court of Session, Commercial Roll, ongoing, with Roddy Dunlop QC)

G v G, 2018Unfair prejudice petition with interim orders to allow company to continue to trade

Per Mare Services Ltd v First Marine Solutions Ltd, 2015Effect of lack of disclosure of the nature and extent of a director's interest in a transaction with his own service company: void or voidable: https://web.tresorit.com/l#4OZL1pMnsOAXFysBsgTOqw

Commercial Dispute Resolution

Archer, Noter [2019] CSOH 15Note in Petition process for recall of order made under s 1 of the Administration of Justice (Scotland) Act 1972, following recall of worldwide freezing order by High Court in London: [2018] EWHC

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LanguagesGermanFrench

Memberships/Appointments

• “B” Panel of Counsel to the Equality and Human Rights Commission (2019-)• Junior Counsel Member, Court of Session Consultative Committee on Commercial Actions (2019-)• Fellow, Chartered Institute of Arbitrators (FCIArb) (2017-) • Standing Junior Counsel to HMRC (2015-)• UK representative to CCBE European private law committee (2014-)• Fellow, European Law Institute (2012-)• Visiting Professor of Immovable Property Law, Institute of Law, Jersey (2010-2015)• Snell Visitor, Balliol College, Oxford (2012)• Convenor, Obligations Sub-Committee, Law Society of Scotland (2010-2012)• Former Solicitor and Lecturer in Corporate and Financial Law, University of Glasgow (2008-2012)• Max Planck Institute for Comparative and International Private Law, Hamburg, Research Assistant (2003-2004), Research Fellow (2012)

Selected Publications• 'Schottland und Europa nach Brexit' in Kramme/Baldus/Schmidt-Kessel (eds) Brexit: Privat- und Wirtschaftsrechtliche Folgen (2nd edn 2019) (with Alex Sutherland)• “Formation of Contract” in S Vogenauer (ed) Commentary on the Unidroit Principles of International Commercial Contracts (PICC) (2nd

edn 2015) • 'Juristic Persons', 'Partnerships, LLPs and LPs', 'Money and Debt', and 'Corporate Insolvency' in I MacNeil (ed) Scots Commercial Law (2014) • 'Words and Concepts: Trust and Patrimony' in A Burrows, D Johnston and R Zimmermann (eds) Judge and Jurist: Essays in Memory of Lord Rodger of Earlsferry (2013)



https://web.tresorit.com/l#4OZL1pMnsOAXFysBsgTOqw

https://web.tresorit.com/l#BdZT7iCqU7138ulsQfdq5Q

Ross G Anderson [email protected] 03 / 06



• ‘Fundamental Rights of Juristic Persons’ in E Reid and D Visser (eds) Private Law and Human Rights: Bringing Rights Home in Scotland and South Africa (2013) • ‘Security over Bank Accounts in Scots Law’ (2010) 4 Law and Financial Markets Review593-604• Assignation (2008)• ‘Contractual Liability of Trustees’ 2003 Juridical Review 45-55

Numerous other articles, notes and reviews in legal journals

Lectures• Commercial Disputes and Arbitration, Faculty Arbitration Conference (2019)• Contractual Interpretation, Global Law Summit, London (2015)• Security over Intangibles, Paul-André Crépeau Centre for Private and Comparative Law, University of McGill, Montréal, and Quebec Bar Association, Canada (2013)• Ross has lectured on the LLB, the Diploma in Legal Practice, and on the Corporate and Financial Law LLM at Glasgow University, teaching courses on Company law, Property and trusts law; Debt Finance and Corporate Restructuring

671 (Comm); instructed for defender in four related commercial actions ($10m) (all with Roddy Dunlop QC).

Northbay Pelagic Ltd [2016-2017, unreported]Counsel for Petitioner obtaining order from Court of Session for two dawn raids under s 1 of the Administration of Justice (Scotland) Act 1972 for recovery, custody and detention of laptop computers to preserve data for use in multiple litigations in Scotland and High Court of Justice in London (see [2018] EWHC 2038 (Ch)); junior counsel to R R McIlvride QC in s 47(2) motion for interim delivery of data; and at hearing on Petition and Answers for excerpting of data held on devices.

Tayside Contracts v D Geddes (Contractors) Ltd [2017] CSOH 1086 day commercial roll proof on question of whether road chippings fit for purpose in terms of contract for sale of goods (junior to Robert Howie QC)

Junior counsel in US$10m claim for consequential losses arising out of a breach of contract (2016-2018) (Commercial Roll, Court of Session)

Sole counsel for defenders in claims for damage to sub-sea cables (2018-2019) (Court of Session)

Bankruptcy and Insolvency Law

Junior counsel for assignee from administrators of company’s claims for breach of duty against former directors (2019)

Junior counsel for respondent director in Court of Session misfeasance claim under s 212 Insolvency Act 1986 (2018)

Joint Liquidators of the Scottish Coal Company Ltd v Scottish Environmental Protection Agency 2014 SC 372 Junior counsel for the liquidators in Note for directions to disclaim ownership of land to which significant environmental liabilities attached (with D P Sellar QC).

Procurement

Kenman Holdings Ltd v Comhairle Nan Silean Siar and Highlands and Islands Enterprise [2015] CSOH 170

He is commercial, decisive and straight-talking when giving advice and is perceptive and persuasive when in court.Chambers 2016 "Up and Coming"

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Ross G [email protected]

Tax Law

HMRC v Frank A Smart & Son Ltd [2019] UKSC 39 affg [2017] CSIH 77, 2018 SC 229 affg [2016] UKUT 121 (TCC), [2016] STC 1956Question of whether VAT input incurred on acquisition of Single Farm Payment Entitlements deductible (with Kieron Beal QC).

Clark’s Executors v HMRC [2019] UKFTT 473 (TC)Sole counsel for HMRC against leading English tax counsel, successfully opposing appeal that termination payment of £18million was a payment on account of disability under sections 401 and 406 ITEPA; or whether whole payment exempt on basis that it was a surrender of pension rights.

Glasgow School of Art v HMRC [2019] UKUT 173 (TCC), [2019] STC 1284Sole counsel for HMRC successfully opposing appeal against senior counsel for the Appellant in relation to proper characterization of VAT supply.

HMRC v Dundas Heritable Ltd [2019] UKUT 208 (TCC)Sole counsel for HMRC in relation to proper construction of time limits for capital allowances claims under sch 18 of FA 1998.

Inverclyde Property Renovation LLP & Clackmannanshire Regeneration LLP v HMRC [2019] UKFTT 408 (TC)Sole counsel for HMRC against English tax counsel on question of validity of notices of inquiry and closure notices issued to LLPs.

Redwood Birkhill Ltd v HMRC [2018] UKUT 189 (TCC), [2018] STC 1445Sole counsel for HMRC successfully opposing appeal against senior counsel for Appellant in relation to proper characterization of VAT supply.

Commissioners for HM Revenue & Customs v Findmypast Ltd [2017] CSIH 59, 2018 SC 24 affg [2016] UKUT 17 (TCC), [2016] STC 1107Nature of VAT supply: online credits – whether face value vouchers (with Sean Smith QC).

Pattullo v Commissioners for HM Revenue & Customs [2016] UKUT 270 (TCC), [2016] STC 2043, leave to appeal refused: [2017] CSIH 3




Sole counsel for HMRC successfully opposing appeal presented by English tax counsel challenging discovery assessment for tax avoidance scheme involving capital redemption policies.

Administrative Law (including judicial review)

SO v Secretary of State for the Home Department [2019] CSIH 36 affg [2018] CSOH 50Sole counsel for SSHD at first instance and in Inner House obtaining dismissal of petition for judicial review of refusal of Article 8 private life medical claim.

Abdullahi v Secretary of State for the Home Department [2018] CSOH 38Sole counsel for the Secretary of State in bias challenge to decision of FtT judge.

Alt-na-craig Ltd v Care Inspectorate [2015] CSOH 59 Sole counsel for petitioner in judicial review of respondent's grading system before the Lord President sitting in the Outer House

Hendrick v Chief Constable, Strathclyde Police 2014 SC 549 and 2015 SC 144Requirements for plea of mora, taciturnity and acquiescence in judicial review context

EU Law

Butlers Ship Stores Ltd v HMRC [2018] UKUT 0058 (TCC) affg [2016] UKFTT 501 (TC) Sole counsel for HMRC before FtT and UT in designated complex case dealing with the interaction of the Community Customs Code, the Excise Duty Directive and domestic law concerning alleged duty liability of £1.7m.

Human Rights Law

1787/15 Paul Lamb v United Kingdom (2015) 61 EHRR SE7 Drafted Mr Lamb's ECHR application following decision of UKSC in Nicklinson [2015] AC 657 (with Andrew Smith QC)

Ross, Petitioner [2015] CSOH 123, 2015 SLT 617 Junior counsel for petitioner in judicial review of Lord Advocate's guidance on prosecutions for assisted suicide (with Aiden O’Neill QC)




Constitutional Law

Morrison v Alistair Carmichael MP 2016 SC 585 and 598

Junior counsel for respondent MP (to Roddy Dunlop QC) in first Election Petition to be heard in Scotland in fifty years

Real Estate Litigation

Scottish seated international arbitration in relation to timeshare rights (2018-2019)

Legal & Equitable Nominees Ltd v Scotia Investments LP [2019] SAC (Civ) 23 affg decision of sheriffSuccessfully opposing questions of relevancy and competency raised in relation to validity and sufficiency of calling up notice served on English limited partnership and its general partner, before sheriff and sheriff appeal court.

Junior Counsel (to Malcolm Thomson QC) in West of Scotland boundary dispute (2018-2019) (Court of Session)

Junior counsel (to Roy Martin QC) in boundary dispute in central Edinburgh (2019) (Commercial Roll, Court of Session)

British Waterways Board v Arjo Wiggins Ltd and BSW Timber Ltd [2017] SAC (Civ) 15Construction of Assignation of cedent’s interest under a Wayleave Agreement.

Thrumster Estate Ltd v Mindt 2017 SLT (Land Ct) 1

Shawns v Walker [2017] SC LIV 68, 2017 G.W.D. 35-542Plea of res judicata successfully repelled.

Author of standard text on Immovable Property Law in Jersey, which has been cited by the Royal Court of Jersey on a number of occasions.

Trusts and SuccessionClub Los Claveles v First National Trustee Company Ltd [2019] CSOH 66Action seeking specific implement of execution of deed of assumption, retirement and conveyance of trustee whose appointment had been terminated.

Gray’s Exrs v Manson’s Exrs [2017] CSOH 25Construction of informal testamentary writings

Auchnie v Auchnie's Exrs 2015 SC 320 Counsel for executors



practice areas€¦ · web view2019-11-15 · • 'words and concepts: trust and...

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