Solicitor Advocates

Dunedin Independent plc v Welsh [CSOH] 174: In this action, Tony Jones, Solicitor Advocate, conducted successfully the defence of a claim for breach of restrictive covenants, assisted by Wendy Thomson, Solicitor Advocate. The Defender had been a director of the Pursuer company. The Pursuers sought to enforce two restrictive covenants and claim substantial damages. The matter proceeded to a two week proof and a week of submissions.

Colin Fraser v The Professional Golfers Association [2006] CSOH 129: We defended successfully a claim by Mr Fraser alleging breach of contract and claiming substantial damages. The Pursuer had failed his professional golfers’ examination and sought damages from the Defenders, claiming that they ought to have passed him. The matter proceeded to a proof and after evidence and argument the Defenders’ case prevailed.

Southesk Trust v Angus Council [2006] CSOH 006: We defeated the Pursuers’ claim for damages after debate. The Pursuer claimed damages against a number of Defenders for damage sustained when oil escaped and damaged the Pursuers’ fish farm. The action involved detailed analysis of the terms of the contracts between the various defenders as well as the law of delict.

Aquatron Breathing Air Systems Limited v Strathclyde Fire Board [2007] CSOH 185: bto acted for the Fire Board in this, the first ever Scottish case to run all the way to proof in connection with EU and UK Public Procurement Law. The matter involved a two-week proof and the judgement has attracted widespread comment. Paul Motion has been invited to give seminars and write articles for professional and trade journals about the issues raised in the case.

Paul Motion acted as Solicitor Advocate in a £25million IP claim related to the design of an offshore wind farm for Pine Energy Consultants Limited. This case is ongoing.

Acting for G2 & Associates in a highly complex Commercial Action involving defective bespoke software. The case was estimated at ten to fifteen days of proof but settled in December 2007. bto were hired late in the day and turned the case around to the client’s advantage.

Acting for Springbank Distillers Limited on a malt whisky trade mark infringement and passing-off case with both UK and German aspects, the UK element of which was litigated by Paul Motion as Solicitor Advocate and involved interdicts. The case continues.

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Solicitor Advocates

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