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Welcome to

New Park Court Chambers

"Regarded as ‘one of the most prominent sets for crime in the North of England’."
- Legal 500 2015

Private Client

"Clients 'would strongly recommend New Park Court Chambers to anyone looking for a strong criminal or regulatory lawyer'."
- Chambers and Partners 2016

Andrew Bowen (QC Scotland) 1993

Andy Bowen profile (002)

MA (Oxon) 1984; LLM (Lond) 1989; Solicitor (England & Wales) 1988; Called 1993 (Gray’s Inn); Called 1997 (Scottish Bar); Silk 2012 (Scotland); FCIArb 2015.

 

 

 

 

 

Practice Areas:

Professional Regulation and Discipline.

Commercial/Company.

Property.

Professional Negligence.

Public Law.

Commercial Arbitration (Domestic and International).

Practice:

As a junior in both England and Scotland Andy’s practice covered a broad range of civil and commercial work, including contractual and property litigation, insurance, professional disciplinary and liability, company litigation including shareholders disputes and directors’ fiduciary duties, cross-border issues and arbitration.  He also prosecuted serious crime as an ad hoc Advocate Depute.  Since taking silk his practice has focused on more complex and high value commercial litigation.

Copyright / Intellectual Law

Patent and Design:

  • Buchanan v Alba Diagnostics Ltd: junior in action to determine whether a patent granted to the claimant in relation to a brake fluid safety meter was an improvement on an existing invention so he was entitled to pursue proceedings for infringement of patent.
  • Universal Scaffolding Services Limited v Scaffolding Scotland Limited: acting for Defendant Company in action that protective barrier used by defendant was claimant’s patentable invention and which formed an inventive step.
  • Advising major shareholder of company holding patent in subsea technology on assignment of rights.

Trade Mark:

  • Brooker v Krueger: defending ‘passing off’ action brought by claimant skin product manufacturer against defendant for breach of Trade Marks Act 1984

Copyright:

  • Advising and defending action brought against Publican Company by claimant Cable Company on whether broadcast of Sky Sports using a Bulgarian cable signal which showed Sky logos infringed Sky’s copyright even though provider was not Sky.
  • Advising local authority on whether it had infringed copyright in transport designs claimed by transport infrastructure designer under the Copyright Designs & Patents Act 1988.
  • Custom Homes Scotland Ltd v Brick & Steel Construction Ltd: defending action brought by housebuilders against defender for breach of copyright in drawings for construction of ‘kit’ homes.

Professional Regulation and Discipline:

  • Prosecution/presentation and defence before regulatory bodies including the Police Appeals Tribunal (Scotland) and the Health and Care Professions Council.

 Commercial/Company:

  • Representing partner of a garage business in commercial action over breach of warranty of SPA claim brought by former partners;
  • Representing shareholder in a derivative action against director of ‘on-line’ business who had failed to account for investment funds/breach of duty;
  • Representing a development company in a  commercial action in quantum meruit claim for ‘stolen’ planning      permission for an airport hotel where company had an option to buy;
  • Advising development company on defending claim for breach of contract on purchase of commercial property on basis of misrepresentation;
  • Advising UK factoring company on recoverability of debt assigned by ‘related’ company;
  • Advising partners on enforceability of ‘finder’s fee’ for sale of aircraft;
  • Advising wind farm owners on construction of agreement to share grid rights;
  • Advising company on construction of contract with DWP for provision of employment services;
  • Advising director of UK company on enforceability of guarantee in claim brought by liquidator;
  • Advising directors on ‘hive out’ of assets of company in liquidation, on adjustment of prior      transaction/directors’ personal liabilities;
  • Advising and representing a director facing maximum disqualification term for transferring assets of company shortly before liquidation;
  • Advising trustees/shareholders of major plc on relocation of trusts;

Property, Insurance, Partnership:

  • Acting for claimant partnership in claim for negligent drafting of contract for sale of land and consequent loss of back-to-back sale;
  • Advising liquidator on ‘insurable interest’ on insurance  for commercial property damaged in fire;

Professional Negligence:

  • Acting for claimant director/shareholder/company assignee in claim against solicitors for negligent advice on company re-structuring;
  • Acting for property developers in claim against solicitors for failure to complete contract for sale of land.

 Public Law:

  • Representing framework electrical works tenderer on public procurement action against a city council.

 Commercial Arbitration (Domestic and International).

  • Arbitration under 1996 Act on breach of contract in performance of electric lock gates.
  • Arbitration under Stockholm Chamber of Commerce Rules on pension obligations arising from SPA.
  • Arbitration under London Centre for International Arbitration on distribution agreement.
  • Arbitration in Scotland on dissolution of partnership.

 Litigation Instructed in Last Six Months:

  • Acting for sub-contractor in variation claims against main contractor arising out of construction of major concert venue in Glasgow, listed for 3 week trial end of April/May 2016.
  • Advising claimant in ‘failure to prosecute under Article 3’ action against Police Scotland.
  • Prosecution of complex mortgage fraud.
  • Advising major plc on construction of financing contract.
  • Advising commercial tenant on appeal in claim against landlord for dilapidations.
  • Advising house purchasers on Legal Expenses insurance cover for potential negligence claim against solicitors.

Recent and Notable Cases:

  • Gilchrist v McClure Naismith LLP [2015] CSOH 134 (solicitors’ professional negligence).
  • Scottish Ministers v Mirza 2015 SC 334 (proceeds of crime).
  • Kilcoyne and Others v Sadiq [2014] CSIH 34 (Contract – Partnership).
  • McCann v Messrs Waddell & Macintosh Solicitors [2014] CSOH 15A (solicitors’ negligence).
  • Wyatt and Another v Crate and Another [2012] CSOH 197, 2013 SCLR 323 (solicitors’ negligence)

International:

  • Human rights and rule of law work for UN/OSCE in Kosovo and Occupied Territories.

Writing and Speaking:

  • Regular contributor to Business Law Bulletin on commercial cases: recent articles include:
  • EU Law, Piercing the Veil and Jurisdiction: Antonio Gramsci Shipping Corp v Lembergs [2014] 1 BCLC 581.
  • Tracing and Substitute Property; Relfo Ltd (in liq) v Varsani [2015] 1 BCLC 14.
  • Solicitors, Commercial Trusts and Substitutive Performance Claims: AIB Group (UK) plc v Mark Redler & Co Solicitors.
  • Groups of Companies, Duties of Care and Separate Legal Entities: Thompson v Renwick Group plc.
  • Following and Tracing as Remedies for Breach of Fiduciary Duty.
  • Article for Scots Law Times in Bilta (UK) Ltd (in liquidation) v Nazir (No 2) [2015] 2 WLR 1168 on attribution in company law.

Presented seminars on:

  • International commercial arbitration to North East In-House Lawyers Group in Aberdeen.
  • Remoteness of damages in commercial contracts to Law Society of Scotland ‘Update’ Conference and to Scottish Branch of Chartered Institute of Chartered Arbitrators