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REVIEW 2010 making things happen


Brodies LLP Annual Review 2010

00>Contents  1 0 02

Foreword – Joyce Cullen.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 04 Review – Bill Drummond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 06

Market, Client Service and Business Performance 03 Banking & Financial Services.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 04 Business & Industry.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 05 Business Restructuring.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 06 Commercial Property.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 07 Education.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 08 Energy & Utilities.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 09 Environment & Waste.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 10 Funds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 11 Health. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 12 Insurance.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 13 Local Government.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 14 Parliamentary & Government.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 15 Retail & Leisure.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 16 Rural & Forestry.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 17 Technology, Information & Outsourcing.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 18 Transport & Infrastructure.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 19 Urban Regeneration.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Leadership and Innovation 20 Expertise & Innovation.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 21 Investment & Support.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 22 Environmental Impact. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 23 24

Accounts.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Services Index / Contacts.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

To find out more visit www.brodies.com

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04 Brodies LLP Annual Review 2010

01>Foreword – Joyce Cullen

Joyce Cullen / Chairman

Close working relationships can produce remarkable results. The stronger the relationship the easier it is to deal with the vagaries of change. We work at building strong relationships with clients at Brodies; to understand how they and their organisations work, and to help them succeed by providing the best possible advice – informed, thoughtful and practical. We believe that one of the most important things to clients, when they seek our advice – and ultimately in our relationship with them – is independence. 2010 has seen the debate continue about introducing ‘alternative business structures’, which would allow external ownership and control of solicitors firms in Scotland. We’ve long argued that the changes proposed raise serious questions about the long-term independence of the profession in Scotland and the special qualities such independence brings to the client-solicitor relationship. It has become clear that there is considerable opposition to the proposals among the profession in Scotland, not just among colleagues in smaller high street practices but also in organisations like Brodies, now Scotland’s largest firm in terms of lawyers based here. The Scottish Parliament has now voted and we await the detail of the regulation to follow. One thing is clear, however. We will not be deflected from our focus on delivering premium legal services for clients, driven by their needs and based on strong relationships, independent of external influence.

To find out more visit www.brodies.com

A business’s relationship with clients comes right if its relationship with its own people is strong. We foster a strong corporate culture and identity at Brodies. As we have grown and strengthened our business in many areas, and almost doubled in size in the past five years, we have continued to try to nurture excellent relationships within the firm. At the end of 2009 we undertook a thorough firm-wide employee survey, independently conducted by specialists working closely with our HR department. The level of participation in the survey and the feedback received has been extremely positive – not least in what it conveys about the sense of pride that our people have in being part of the firm, with the opportunity to undertake high-quality work for great clients. As we were analysing the results of our own survey, we learned that Brodies had been recognised by Legal Week magazine as ‘Best Legal Employer’ for 2010. In an independent and confidential survey of associate-level lawyers, carried out by Legal Week’s Intelligence Unit, Brodies scored the highest marks of all the top 100 firms in the UK involved. Legal Week has highlighted what everyone in the firm has worked hard over time to build and maintain – a strong collegiate culture centred on the best possible client service. Our focus now is to strengthen that culture and maintain the same, consistently high-quality service across our offices in Glasgow and Edinburgh and, very soon, in Aberdeen.


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For those of you who may be new to our firm, this Review gives us the chance to illustrate our clients’ own successes, as well as to provide a report by our Managing Partner, Bill Drummond, on our own business performance. We firmly believe that the two go hand in hand – without strong business performance law firms cannot maintain and develop top quality legal services, fit for the 21st century, and on which clients can rely to help them see through their own plans over a period of many years. We hope that it gives a feel not only for how we can advise and get involved with clients’ enterprises but also for the strong relationships that underlie it all.

“We believe that one of the most important things to clients, when they seek our advice – and ultimately in our relationship with them – is independence.”


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02>Review – Bill Drummond

Bill Drummond / Managing Partner

The recession may technically be over, but its effects have continued to be felt across Scotland and the UK. Over the last year, Brodies has been maintaining and broadening its support to clients and attracting new clients, as we remained focused on our long-term plans and simultaneously managed the business through the recession. Clients in all sectors have been affected by the economic environment, not all negatively, but all in one way or another. We have been working with them to get the right services in place – whether tailoring services for specific projects, creating bespoke teams with the right resources, or applying innovative models and looking afresh at the legal and legislative landscape to make things happen. We have been very pleased with the response from all within the firm to dealing with the challenges of the worst recession for 60+ years – touched on by Joyce in her reference to our ‘Best Legal Employer’ recognition. All our people, lawyers and non-lawyers alike, have shown undiminished commitment, determination and pride in their work. And as a firm, with a total focus on ensuring client services are maintained on a long-term basis, we have kept our annual graduate recruitment programme intact, retained a significant number of newly qualifying lawyers from that programme, maintained our 24/7 approach to service delivery and resisted implementing the more drastic measures which have been seen across the legal industry and which have had such an impact on careers.

To find out more visit www.brodies.com

Much of this work has been aimed at keeping our investment-led plans for ever-improving client services and strategic growth on track. Our commitment to growing our own and recruiting the best legal talent has led to internal promotions across the firm and the significant boosting of teams with external hires – Will McIntosh, David Allan and Catherine Feechan joined our corporate team, bringing individual and collective expertise in listings, M&A, VC and private equity work and cross-border transactions, not to mention specific experience in many industry sectors; our offering in life sciences and the commercialisation of technology, for instance, is, we believe, now unmatched in Scotland. Elsewhere in the firm, Elena Fry and members of her previous team joined our insurance and health and safety group. We now have a unique, market-leading service for our insurer clients and our self-insuring corporate and institutional clients, covering the whole spectrum of insurance and regulatory need – from casualty and catastrophic loss work to judicial review of the pleural plaques legislation. The past year has also seen the hire of associates from major London firms to boost our pensions and technology practices. Significantly, too, we have embarked on our new presence in Aberdeen, with some key hires already in place, not least one of north-east Scotland’s leading property lawyers, Colin MacLaren. Brodies in Aberdeen will be a long-term investment in and commitment to the city and the region, where we have many valued


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clients in a wide range of sectors – there will be a permanent, locally based team for the North East, offering the full range of corporate, commercial, and private client legal advice to the region’s business community and public sector organisations. Local, but also part of our bigger offering – fully integrated with our sector-focused and service-specific teams in Brodies’ existing Glasgow and Edinburgh offices, a seamless, highquality service from Scotland’s largest and most dynamic law firm. The quality and innovation within the firm continues to be demonstrated on many levels. Year on year our rankings in the UK legal directories increase; at the time of writing we were recognised as ‘No. 1’ in 14 key practice areas. Our Technology, Information and Outsourcing Group was shortlisted as ‘Technology, Media and Telecommunications Team of the Year’ at The Lawyer Awards in 2010 for its work in one of the UK’s largest ever projects to outsource front-line banking services. Our Funds team, barely more than two years old as a stand-alone unit, has been growing fast with groundbreaking work in the pension funds arena. 2010 also saw the launch of a dedicated Transformation and Shared Services Group pulling together expertise in public sector, outsourcing, projects, and public law. Clients have also benefited from the launch of a dedicated employment and HR portal, a new personal injury microsite, and the development of new blogs on planning and technology issues, all of which have been well received.

Our industry sector groups have been strengthened and are achieving the recognition in the market place they deserve. Our renewable energy team, for instance, already contributing to Scottish Renewables’ own policy and advisory groups, made a significant contribution to the All-Energy Conference in Aberdeen – in fact, we were the only law firm committed to a physical presence at the biggest renewables event in the UK. Two of our partners delivered presentations on planning and project management to packed audiences from across Europe and further afield, our objective being both to showcase our relevant expertise and to encourage indigenous and inward investment to the benefit of the Scottish economy. It has to be recorded, however, that the level of business transactions in Scotland and much of the rest of the UK has remained depressed throughout this period, and it may be some time before we see again the levels of UK deal growth enjoyed before the crisis. Against that backdrop, I’m pleased to report that our financial results for 2010 were remarkably solid, with revenue and profitability rates comfortably above industry average and a balance sheet demonstrating a strong capital base and increased cash balances. Full details can be found at the end of this review. But I believe that it is worth stressing here that the recession has made it clearer than ever before that in the Scottish legal market Brodies stands out, with innovation and quality at the heart of its client offering, and long-term sustainability, a strong cash position and

financial independence central to its management and business growth. Finally, I would like to warmly thank all our clients with whom we have been working over the past year, sometimes in challenging economic circumstances. Some are new to Brodies, more have relationships with us stretching back many years, sometimes decades. This year’s Review is packed with an array of case studies and examples from across the firm that illustrate our work for them and I am particularly grateful to those clients who have been able to share details of deals and projects for presentation here, the better to understand what Brodies has to offer.


Market, Client Service and Business Performance


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03>Banking & Financial Services BSW Timber Scots timber businesses join to form sawmill powerhouse

Dunfermline Building Society Unravelling complex compensation claims as part of the building society rescue

Last year Britain’s largest sawmilling business, BSW Timber, acquired the Dalbeattie-based Howie Group Ltd in a deal that will see its annual production increase to more than one million cubic meters per annum.

Established in 1869, the Dunfermline Building Society became Scotland’s largest independent building society. In March 2009 the Society was nearing collapse, as it faced a significant multimillion pound loss, and was rescued through a government-led sale of the business. In the special administration of Dunfermline Building Society that has followed according to the Banking Act 2009, Brodies is acting for the Independent Valuer, Smith & Williamson. The core of the Society’s assets, including retail deposits, its prime mortgage lending book, and its 34 branches, was transferred to the Nationwide Building Society. However, certain assets and liabilities were retained, and our role is to assist in the complex assessment of compensation payments.

Headquartered in Earlston, Berwickshire, BSW operates five mills across the UK, supplying a full range of wood products to the construction, pallet, packaging, fencing, garden and DIY retail sectors. The Howie Group is the largest singlesite sawmill company in Great Britain, employing 150 staff. The state-of-the-art mill is the UK’s major supplier of ‘100% FSC Pure’ British softwood. Brodies’ banking team acted for The Royal Bank of Scotland plc and RBS Invoice Finance Limited in connection with the financing of the acquisition, in what was one of the largest deals of the year. The merger of these leading Scottish-based sawmilling companies will facilitate a long-term expansion drive for the new group. > Banking & Financial Services

To find out more visit www.brodies.com

Working alongside Simmons & Simmons which is reviewing English law aspects, our banking team is assessing the counterfactual position under Scottish insolvency law, giving strategic advice on communications to those entitled or potentially entitled to compensation under the legislation and proposing a steps programme designed to manage information gathering and evaluation of claims.

This project has followed Brodies’ highprofile involvement in the Icelandic bank deposit books transfers under the Banking (Special Provisions) Act 2008, and the drafting of subordinate legislation relating to bank administration and bank insolvency under the successor act, the Banking Act 2009. We were chosen because of our knowledge of Dunfermline Building Society, our expertise in Scottish insolvency law, and our understanding of the banking legislation that underpins the smooth transfer of business and assets to ensure financial market stability. > Banking & Financial Services > Corporate Restructuring & Insolvency


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Myriad Healthcare Group Refinancing of major UK care home provider Myriad Healthcare Group owns several companies which operate care homes across the UK. Through an instruction from Hogan Lovells, we acted on behalf of Bank of Scotland plc in the restructuring of debt facilities for the Group. Our work on the Scots law issues involved dealing with multiple properties owned by the Group within Scotland and with the 10 separate Scottish companies which are part of Myriad. > Banking & Financial Services


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04>Business & Industry Did you know? Investment in our corporate and commercial department this year has included the hire of three new partners, all highly rated in major transactional and cross-border work. David Allan, Catherine Feechan and Will McIntosh have significant track records in listings and fund-raising, as well as in private equity and general M&A, with particular experience in the life sciences and technology sectors. Their expertise fits perfectly with the firm’s commitment to deliver innovative and premium legal advice to the Scottish market and to UK and international organisations operating here and overseas.

Memex Group Limited Sale secures future growth for intelligence software provider

Weldex Secondary buy-out lifts global crane hire business to new heights

Memex is a developer of security and intelligence software for law enforcement bodies worldwide. Clients of the East Kilbride-based firm include several UK police forces, the UN Office on Drugs and Crime, US agencies, such as the Los Angeles Police Department and the Georgia Bureau of Investigation, and many other organisations that specialise in crime-prevention and counter-terrorism.

From its headquarters in Inverness and major depot at Alfreton, Weldex has a global reach. The country’s largest crawler crane hire company has specialist lifting equipment available world-wide, both on and offshore. In the UK, it has been involved in some of the biggest construction projects including Heathrow’s Terminal 5 and the raising of the arch at the new Wembley Stadium.

In 2010 Memex was sold to US company SAS Institute Inc, a leader in business analytics software, with 11,000 employees in 50 countries. Brodies’ corporate team acted for the management of Memex in the sale. The firm will continue as an independent Scottish-based division of SAS, which plans to grow the business globally under the existing management team, targeting the police, national security, intelligence and borders markets.

Weldex has been run as a family business for 31 years. Brodies acted for the founding family shareholders and the previous investors in the secondary buy-out by Dunedin, the UK mid-market private equity house. There was roll-over investment by the family and existing investors in the purchasing company backed by Dunedin. The deal required a co-ordinated approach, led by our corporate department with input from Brodies’ property, tax, employment and pensions teams, and the whole transaction was completed on a short and challenging timetable.

> Corporate “Brodies helped us realise the best outcome for the company and management by handling the transaction with the professional insight and commercial acumen you’d expect from a first-rate corporate law team.” David Carrick, CEO, Memex

> Corporate > Property > Tax > Employment > Pensions

To find out more visit www.brodies.com


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“This investment keeps the family fully involved in the daily running of the Weldex business and offers up great potential for future growth. Brodies’ advice in all areas was invaluable in getting this deal done.” Dougie McGilvray, Founder, Weldex

Investment in our corporate and commercial department this year has included the hire of three new partners


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05>Business Restructuring Did you know? We were instructed by OSAG (Office of the Solicitor to the Advocate General) and Treasury Legal Advisers to draft the Scottish Banking Insolvency Rules and the Scottish Banking Administration Rules 2009. Given the urgent nature of this work we had to act within a very tight time scale, liaising with OSAG, Treasury Legal Advisers and the Scottish Courts to ensure that a workable set of rules was available on time. The successful completion of the project required an effective working partnership between Brodies and the in-house teams within the public bodies.

Well-Pict Scotland Crop rescued in time to save fruit growing firm

Picsel Technology Limited Preservation and sale of IP assets of an international software company

We acted for the Joint Administrators of Well-Pict Scotland, a commercial fruit grower and distributor in Perthshire. Given the time of year, the prevailing weather conditions and the financial status of the company, a pre-packaged restructuring solution had to be implemented within 36 hours of our initial instruction – the fruit had to be picked as quickly as possible, since any delay beyond the 36-hour deadline would not only have significantly reduced its value but also prejudiced the viability of the business as a whole. Our corporate restructuring team, always quick to respond and with a reputation for being pro-active, successfully completed a pre-packaged going concern sale of the business and assets within the required timescale.

Picsel is a Scottish software company that developed and licensed mobile phone software to global handset manufacturers. In the middle of last year, following cash flow problems, administrators were appointed to the UK group. Brodies acted for the Joint Administrators of the Picsel Group of companies.

The project not only drew on our property team to negotiate and agree occupancy rights of the purchaser within the restricted timescales, but specialised input from our agricultural practice was also integral to the maximisation of realisations given the existence of agricultural tenancies. Brodies’ ability to offer the right specialist support in any situation is invaluable in providing our clients with the best and most comprehensive advice even at very short notice. > Corporate Restructuring & Insolvency > Property > Agriculture & Estates To find out more visit www.brodies.com

The administrators took over control of a company with a complex IP portfolio, including patents, trade marks and copyrights, and a web of international licence agreements (with most licencees based in Asia). There was also a pending litigation against Apple in the US, alleging that the iPhone infringed Picsel’s patents. Our assignment was particularly challenging given the intangible nature of the whole asset base of the group and the complex licensing and security arrangements in place – these and the litigation issues urgently had to be addressed in order to secure and maximise value for creditors. The immediate job was to preserve the value of the IP assets, and in particular to block any damaging releases of the Picsel source code under escrow agreements. This ‘blocking’ included interim interdict action raised by Brodies’ IP litigators. Simultaneously, we had to identify the licencees and what rights they may have (while all the time continuing to attempt to maximise royalty income receipts). Upon identification of the buyer after a vigorous marketing campaign by the


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Administrators, there were complex international negotiations to finalise the transaction. A successful sale of the business and assets as a going concern was achieved, saving a significant number of jobs after a prolonged period of Administration trading. > Corporate Restructuring & Insolvency > Technology, Information & Outsourcing > Intellectual Property > Commercial Litigation

No.1

in Insolvency & Corporate Recovery The Legal 500 2010

in Commercial Litigation The Legal 500 2010

in Dispute Resolution Chambers and Partners 2009/10


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06>Commercial Property Did you know?

Deutsche Hypo

West Immo

In a challenging marketplace, Brodies’ strong reputation in commercial property was once again highlighted by the firm’s role in some of 2010’s major deals. The property department – encompassing commercial, investment, development, residential, and retail expertises – is not just the largest, it’s the most specialised top-ranked team in Scotland.

The Clyde Shopping Centre acts as the main major retail outlet for Clydebank and the north-west quarter of Glasgow. In what was possibly the largest single asset loan facility provided last year, Brodies acted on behalf of new client Deutsche Hypo during the purchase of the shopping centre by HP Properties Limited – a joint venture between Helical Bar and Prime Commercial Properties.

Westdeutsche Immobilien Bank AG (West Immo) is one of Germany’s leading providers of real estate financing. Working with SJ Berwin LLP, we advised West Immo on the Scots law aspects of its recent £32 million loan arrangement to Rockspring Property Investment Managers.

Mortgage bank Deutsche Hypo specialises in large-scale commercial financing with professional real estate clients. Brodies’ team was involved in structuring a suitable agreement for the bank to facilitate HP Properties’ £69 million purchase of the long leasehold interests in the centre – which comprises 120 shops, six anchor stores, cafes, a multiplex cinema and parking for nearly 1,700 cars.

Rockspring had set up its UK Value Fund in 2009 to invest in commercial property, joint ventures and pooled/utilised property vehicles; one of its first acquisitions taken ahead of the final fund close was the purchase of the Mall Shopping Centre (also known as the Trinity Centre) in Aberdeen. The Mall Aberdeen is a singlelevel centre, covering 190,000 sq. ft. of retail accommodation that also houses a 408-space car park and an underground link to the city’s railway station.

> Property

> Property

“As an authority on Scottish commercial property, Brodies was a natural advisor to turn to. Their user-friendly input ensured a complex transaction was delivered on time.” Suzie Cruess-Callaghan, Director, Deutsche Hypo

To find out more visit www.brodies.com

Major

Scottish deals show Brodies at the heart of the European commercial property investment market


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No.1

in Commercial Property

The Legal 500 2010

in Real Estate Chambers and Partners 2009/10

“ A prolific operation in commercial real estate both locally and nationally‌ the group continues to go from strength to strength, securing big-ticket work from heavyweight organisations in the retail, leisure, transport and public sectors. Drawing from its deep pool of talent across the spectrum of real estate work, the resoundingly excellent lawyers have undertaken some landmark matters over the past twelve months.â€? Chambers and Partners 2009/10


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07>Education Did you know? Times of uncertainty, in particular, throw up unpredictable challenges, both economic and strategic ones. Our education team is able to assist clients with strategic advice and specialist technical support, taking account of the inevitable cuts in the public sector. Our advice has at its heart an institution’s best interests and is always tailored to immediate needs – our approach is the same, whether it is an outsourcing project, taking essential services in-house or managing major change.

Banff & Buchan College Looking to the future A further education college located in the North East of Scotland and attracting students from all over the world, Banff & Buchan College has its main campus in Fraserburgh and learning centres in Huntly, Macduff, Turriff, Ellon, Keith and Peterhead. The College is moving ahead with a major multi-million pound redevelopment of its main campus which will see existing buildings, some 40 years old, transformed into a modern learning space and social environment with increased capacity for the ever-growing number of students. Brodies advised on the procurement, drafting and negotiation of the campus redevelopment and supporting IT contracts and the consultants’ appointments for the refurbishment. The first stage of the redevelopment is now under way, with the project due to complete in 2012. Our wider support to the College has involved advice on a variety of matters covering employment and outsourcing. > Education > Construction & Engineering > Technology, Information & Outsourcing > Employment

To find out more visit www.brodies.com

“Our redevelopment project is going to be of huge benefit to all in the future and I look forward to welcoming the first set of students to our new and improved campus. It is brilliant that we have been able to secure the funding for this project from the Scottish Funding Council as it will help us to provide an even better service to our students in the future and will reflect the dynamic and forwardthinking nature of our College. Brodies continues to impress with prompt, relevant and pragmatic advice. They know our sector and the issues we face, from college estate to classroom. Their clear, straightforward advice to our Board enabled considered and confident decision making.” Paul Sherrington, Principal and Chief Executive, Banff & Buchan College


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Did you know? Brodies’ education team grew in 2010 with the addition of new corporate partner, Will McIntosh. Will, Scotland’s ‘Corporate Lawyer of the Year’ in 2009, has been directly involved in some of the country’s landmark life sciences deals and is widely acknowledged as a leading expert in the commercial exploitation of technology and university research. Co-author of several reports on commercialisation and technology transfer best practice within the university sector, Will brings to his education clients a Europe-wide track record in corporate M&A, venture capital and intellectual property rights issues.

Queen Margaret University, Edinburgh Continuing legal support to Scotland’s 21st-century university Granted full university title in 2007, Queen Margaret University is Scotland’s newest and first purpose-built institution of higher education. We have been involved with Queen Margaret University for a number of years before and advised on its application for university title. Our team has been intimately involved in the University’s whole campus relocation project – the new campus at Craighall, Musselburgh, opened in autumn 2007 – and we have continued to provide advice in relation to building contract issues, relocation project agreements, as well as property-related issues arising from the expanded campus estates and facilities. Together with our advice on corporate and commercial matters, we provide a full, rounded service, built upon an understanding of the University and its goals. > Education > Property > Corporate & Commercial > Construction & Engineering > Employment “The business of education is increasingly complex, and for a modern, leading edge university it’s good to know we have specialist legal support from Brodies available when needed.” Rosalyn Marshall, Vice Principal (Resources & Development), Queen Margaret University, Edinburgh


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08>Energy & Utilities Did you know? The UK’s largest renewable energy event, All-Energy, took place in Aberdeen in May 2010 and record numbers attended the conference and exhibition – some 7,000 people from dozens of countries worldwide, including UK and Scottish Government ministers. Brodies’ Energy Group played a key role, with two of our specialists giving presentations at conference sessions, on wind farm project management and planning issues. Brodies was the only full-service legal practice to have a stand at the exhibition and the 450 exhibitors included many of our clients.

Douglas St Bride’s Community Group Zero carbon heat keeps a rural community green

Delabole Wind Farm Repowering the UK’s first commercial wind farm

Community heating schemes are still in their infancy in Scotland, but Brodies has been at the forefront of this field for several years. After a tender process, we were appointed to act for the Douglas St Bride’s Community Group to set up a community heating scheme in Douglas, South Lanarkshire. The scheme is funded by Community Energy Scotland and by South Lanarkshire Council.

In 1990 the first commercial wind farm in the UK was set up at Delabole, on the north coast of Cornwall, with 10 turbines of 0.4MW each. In 2010 the wind farm was repowered (which involves the decommissioning and replacement of existing turbines), using four new turbines of 2.3MW each.

Two biomass boilers will provide renewable heat for the Douglas Community Centre, the Douglas Valley church and the local bowling club. We set up a subsidiary of the Community Group to take the project forward and prepared all the necessary contracts, including the project agreement and the heat supply terms/tariffs and property agreements, together with a lease of the boiler house premises and wayleaves for the heating pipes. It is hoped that the documents used for this project will be a useful template for other community projects across Scotland. > Renewable Energy > Projects

While some claim the pace of renewables development in the UK is too slow, Delabole shows how far the industry has progressed in the past 20 years – more than twice the capacity with less than half the original number of turbines. We advised The Co-operative Bank plc on the repowering of the Delabole wind farm. The Co-operative Bank plc, a leading investor in UK renewable projects, provided limited recourse finance to Good Energy Delabole Limited, the company which owns and operates the wind farm. Brodies’ team provided a full project finance legal service, which included advising the Bank on all project, land, financing and security documents. > Projects > Renewable Energy

“Brodies’ comprehensive knowledge of renewable energy and how to get projects completed has helped us create a sustainable heat source, which will reduce both the carbon footprint and energy costs for our community into the future.” Iain Waller, Development Co-ordinator, Douglas Community Ecoheat Limited

To find out more visit www.brodies.com

> Banking & Financial Services “Delabole wind farm has more than doubled its energy output. In our funding of this historic development, Brodies’ know -how and commitment was critical to the successful conclusion of the project.” Chris Matthews, Renewable Energy & Asset Finance Department, The Co-operative Bank


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09>Environment & Waste Did you know? Our environment and waste experience is as deep as it is broad – environmental impact assessment, contamination and pollution cases, flooding, waste treatment and disposal, waste to energy, and the wider regulatory framework. We work closely with industry leaders, public organisations, and a range of businesses which need advice on these varied issues and in some cases litigation support or representation at inquiry. Industry and technical knowledge is just as important to us, and while we can’t claim to know everything about matters chemical or hydrological, we do our best to get up close to people who do. One of our environmental and planning team is currently seconded in-house to Scotland’s environmental regulator, the Scottish Environment Protection Agency.

Midlothian Council, Auchencorth Moss inquiry Advice on environmental and landscape impact at public inquiry We represented Midlothian Council at a three-week public inquiry into its refusal of planning consent for a 14 wind turbine scheme at Auchencorth Moss, an area of peatland near Penicuik, adjacent to a Site of Special Scientific Interest, on the basis of landscape and visual impact and on cultural heritage grounds. We also advised the council in relation to the environmental impact assessment undertaken by the developer and supplementary environmental information which was lodged by it after the appeal proceedings had commenced. The inquiry heard evidence on a range of environmental impacts including the adverse effect on the setting of the Pentland Hills Regional Park, the Midlothian Area of Great Landscape Value and the Penicuik House Designed Landscape. The status of a landscape capacity study in relation to wind farm development commissioned by the council was also a key issue. The council was delighted with the outcome after the inquiry reporters upheld the council’s principal reasons for refusal, preserving the distinctive landscape character and the setting of the Pentland Hills. > Planning > Environment

Halcrow Limited Providing a definitive answer in a waste dispute Following a competitive tender process, we were appointed to advise Halcrow Limited on the legal issues arising from a dispute between two waste companies about the terms of a contract. The international multi-disciplinary consultancy provides a variety of waste management services, including waste contractor audits, and had been appointed as experts to determine the dispute. The issues were complex and related to the definition of ‘waste’ as used in the contract. As the contract had been entered into 10 years ago, one key question was whether ‘waste’ was being used in a technical sense as defined at that time or in an ordinary English context. We also needed to consider the question of when materials become waste and when they cease to be waste, in order to resolve a central issue in the dispute – whether items which had been collected by one of the parties to the contract and intended for recycling fell within the definition of waste. Brodies assisted Halcrow in preparing the legal analysis in their expert assessment, so that they were able to provide legal as well as technical and commercial reasons for their determination of the dispute. > Projects > Environment “Brodies’ knowledge in this area is impressive, and their sharp legal minds and technical awareness worked well with our wide industry expertise to resolve this dispute.”

To find out more visit www.brodies.com

Doug King, Senior Waste Consultant, Halcrow Limited


23

Loch Lomond and the Trossachs National Park Authority, Cononish Goldmine Balancing the conservation of natural heritage and a commercial mining opportunity Few proposed developments have been so high-profile in the past few years as the reopening of Scotland’s only gold mine in the Loch Lomond and Trossachs National Park. Brodies has been advising the National Park Authority on its handling of the planning application to develop the goldmine at Cononish, near Tyndrum, including arrangements to secure appropriate restoration of the site in the event that the development is consented, and the requirement to comply with the Habitats and the Mining Waste Directives.

Given the proximity of the goldmine to the River Tay Special Area of Conservation (SAC) and the likelihood of significant impacts on the area, the National Park Authority had to carry out an appropriate assessment to ensure that the integrity of the SAC would not be affected. The National Park Authority has also had to consider whether the development is in accordance with the statutory aims of the National Park which include the conservation and enhancement of its natural heritage. In August 2010, the Authority refused planning permission for the mine. The developer has indicated that an appeal against that decision is likely. > Planning > Environment

“ This outstanding full-service firm advises clients on both pure environmental cases and environmental aspects of broader transactions.� Chambers and Partners 2009/10

No.1

in Environment The Legal 500 2010

in Planning The Legal 500 2010 Chambers and Partners 2009/10


24 Brodies LLP Annual Review 2010

10>Funds Did you know? Our Funds Group has, over the past 12 months, advised clients on transactions with a deal value of more than £1 billion.

GKN plc New vehicle developed to fund pensions liabilities for global engineering business

Crinan Capital Limited Launching a new hedge fund that capitalises on the latest technology

In March 2010 the Brodies Funds Group completed work on an innovative pension scheme funding vehicle for GKN plc. GKN supplies components and services to the global aerospace and automotive industries. With 39,000 employees spread across 30 countries, GKN has a firm commitment to its people as well as its customers.

Over a six-month period we worked with new client Crinan Capital Limited in launching its first fund, Crinan Stability LP, an innovative new addition to Scotland’s thriving asset management sector. Intended to be scalable up to £25 million of assets, Crinan Stability LP is an onshore hedge fund utilising sophisticated computer modelling techniques to trade a portfolio of financial and commodity futures contracts on worldwide exchanges.

We worked over nine months with the GKN in-house legal and corporate finance teams, as well as its English solicitors, accounting and tax advisers. The funding scheme utilises a Scottish Limited Partnership vehicle and revenues from licensed intellectual property and a portfolio of real estate. The Partnership is scheduled to make annual payments to GKN’s UK pension scheme up to 2030. > Funds

> Funds > Corporate “Brodies has such a strong reputation in this area and their knowledge of alternative investment funds such as onshore hedge funds is unrivalled in Scotland.” Gareth Abbot, Chief Executive, Crinan Capital Limited

> Corporate > Pensions “The implementation of this innovative solution using the Scottish Limited Partnership structure was key to its success and the Brodies team delivered everything that was asked of them most effectively.” Rufus Ogilvie Smals, General Counsel, GKN plc

To find out more visit www.brodies.com

£1 billion fund deal value


25

FIM Services Limited Sustainable forestry funds as tax-free investments Commercial forestry has long proven itself as a solid investment option, free from income and corporation taxes, capital gains tax and, if held for more than two years, inheritance tax. FIM Services Limited, a long-term client of Brodies, is a market leader in the sector. We recently structured the FIM Sustainable Timber and Energy LP, a forestry and renewables fund using a Scottish Limited Partnership as the main fund vehicle. Our work included the amalgamation of several English trusts, holding diverse forestry properties located in Scotland, England and Wales, into the fund vehicle, creating a single portfolio of assets of more than 7,000 hectares, and with an initial value of around £24 million. This forestry fund also adds value through investment into renewable energy, such as wind, hydro and biomass.

Lead advice was provided by Brodies’ Funds Group, with specialist input by our tax and property teams on the tax and Stamp Duty Land Tax mitigation and on both Scots and English property matters. We also advised on arrangements for the transfer of existing limited partners’ interests and provided regulatory and financial promotions advice on a further £15 million fundraising. > Funds > Corporate > Tax > Property “Brodies’ involvement at all stages of our new fund is testament to the firm’s knowledge and understanding not just of funds, but also tax, property and, of course, forestry.” Richard Crosbie Dawson, FIM Services Limited


26 Brodies LLP Annual Review 2010

11>Health Did you know?

Recent multifaceted cases involve:

Our expertise in the sector includes wide-ranging healthcare litigation, ranked in The Legal 500 – defending medical negligence actions, public, employee and product liability claims, primarily advising private hospitals and care home providers.

>A  claim against a private hospital by a professional sportsman alleging that he contracted MRSA whilst in hospital for knee surgery and that the infection delayed his recovery and prematurely ended his career

We also have considerable experience in the administrative and public law aspects of health claims, acting on behalf of the Scottish Government and statutory bodies.

>A  claim by the next of kin of a care home resident injured in a fall, alleging that the home failed to provide adequate medical treatment >A  n appeal by a patient under the Mental Health Care and Treatment (Scotland) Act 2003 against a Compulsory Treatment Order following the expiry of a Short Term Detention Certificate In all such cases we look to achieve the best possible outcomes for clients, our team always sensitive to the intricacy of negotiation and litigation, and managing reputational issues when they arise.

NHS Lothian Central headquarters for a modern, integrated health service Waverley Gate, the landmark former General Post Office building in Edinburgh, is one of the largest, refurbished office premises in the city. Behind the early Victorian façade is a modern, energy efficient building with extensive floorplates and a roof-wide garden. Waverley Gate is now home to NHS Lothian. A single health authority that oversees the planning and delivery of all local health services in Edinburgh and the Lothian regions, NHS Lothian serves the second largest residential population in Scotland – more than 800,000 people. It has moved its headquarters and much of its staff accommodation to this central location in the city to release potential clinical space in existing hospitals. We acted for NHS Lothian in its letting of two floors of Waverley Gate, more than 200,000 sq. ft., in one of the biggest office occupier deals of the year. Brodies’ tax team also dealt with Stamp Duty Land Tax issues and VAT on landlord contributions to the tenant’s fit-out. > Property > Tax “Skilfully and with real market insight, Brodies has helped us move ahead quickly with this significant investment project which will bring savings and efficiencies for the Board’s work.” Iain Graham, Head of Capital Planning and Projects, NHS Lothian

To find out more visit www.brodies.com


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Inchcolm Veterinary Services Limited Protecting the operations and reputation of a specialist animal medicine centre The team at Inchcolm Veterinary Services Limited has built its reputation on more than 20 years’ experience of expert advice and support to the poultry industry across Europe and to government in the UK and elsewhere. When Inchcolm received an unannounced visit to its premises from the Department for Environment, Food and Rural Affairs (DEFRA), we provided immediate advice and engaged on its behalf with DEFRA and the Veterinary Medicines Directorate throughout the regulators’ investigations into Inchcolm’s supply of licensed medicines. This constructive approach continued when the matter passed to the procurator fiscal’s office to consider next steps. In discussions with the Crown we were able to agree that the aims and objectives of the UK regulations did not justify action against Inchcolm. This matter demonstrates the hallmark of our approach to regulatory investigations: building a constructive relationship with the regulator while safeguarding our clients’ legal rights and business interests. > Health & Safety > Public Law & Regulation

No.1

in Health & Social Care Chambers and Partners 2009/10


28 Brodies LLP Annual Review 2010

12>Insurance Did you know? Brodies has one of the largest insurance teams in Scotland, experiencing particularly significant growth over the last 12 months. New partner, Elena Fry, and her team of specialists in disease litigation, fatal accident and health and safety prosecutions, joined us, strengthening our Glasgow presence. Our offering in the realm of insurance and shipping is now unrivalled in Scotland – combining the whole spectrum of claims, including casualty, health and safety, professional negligence, as well as marine. The team is trusted with strategic litigation, as evidenced by our continuing work for a consortium of four of the country’s leading insurers on the pleural plaques litigation.

Wincanton Group Limited Robust defence and vindication of a company’s health and safety procedures

Acromas Insurance Social networking site disproves genuineness of claim

Wincanton is a company that takes safety very seriously. Part of the Wincanton Group, it is a leading European supply chain and logistics provider. So our successful defence of a claim on behalf of Wincanton, after one of its employees was injured at work, was a vote of confidence in the company’s health and safety policies and procedures.

Changes in social behaviour and the way we communicate throw up new challenges for claims investigation. Our robust defence of a claim following a motorcycling accident illustrates what can be achieved by tactical use of evidence researched from social networking sites, when there are serious doubts about the genuineness of a claim.

The employee sustained a back injury whilst manoeuvring empty pallets in a warehouse; his case focused on the alleged failure of Wincanton to provide a safe system of work, arguing that the manual work ought to have been done by a forklift truck, or that it should have been a two-man operation. Wincanton had fully trained the employee in relation to working safely, including manual handling techniques. The company had created an acceptable system of work for moving empty wooden pallets by one man. Although there was a risk of injury in manoeuvring the pallets, that risk was very low. The Court found that Wincanton had taken steps to reduce the risk of injury to the lowest level reasonably practicable. Common sense prevailed. Our insurance team’s successful defence of Wincanton, which was also fully supported by its insurers against the claim, is one of the few cases where an employer has not only been vindicated but has been found to have satisfied the extensive obligations under the Manual Handling Regulations where a risk of injury has been established. > Insurance

To find out more visit www.brodies.com

In this Court of Session action the sum sued for ran into six figures. The 20-yearold pursuer sustained multiple, apparently very serious injuries. His claim included that he would never be able to return to his pre-accident or indeed full-time work as a result of his injuries. In the course of thorough investigations, as well as securing the necessary medical records and expert reports, our insurance team found extremely helpful evidence on the pursuer’s Bebo homepage. The internet profile had the pursuer boasting about his prowess as a dancer in clubs around only one year post-accident, and much else besides. As a result of these investigations and firm tactics, we were able to secure a settlement for our client at a fraction of the sum claimed. It is now an established part of our approach to look carefully for any relevant public information which claimants have posted about themselves. Often the material provides evidence of exaggerated, and sometimes even fraudulent, claims, and those claims push up costs for everyone who buys insurance. > Insurance


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No.1

in Personal Injury The Legal 500 2010

in Professional Negligence Chambers and Partners 2009/10


30 Brodies LLP Annual Review 2010

13>Local Government Did you know? Bespoke training for local government bodies is a significant part of Brodies’ offering to the public sector – making sense of complex areas of law in plain and jargon-free English. The ability to field multiple specialists, with expertise and practical understanding of a wide range of public sector issues, is partly why we have been ranked No.1 in Local Government by the legal directories. It’s also because we are at the cutting edge. Last year saw the launch of our Transformation and Shared Services Group, bringing together the specialist knowledge of our local government lawyers and the wide experience of our experts in outsourcing, project management and organisational change, as the public sector gears itself for major changes and reform.

Public Procurement Training Focused training the remedy for new compliance rules On 20 December 2009 the EU Remedies Directive entered UK law, amending the procurement regulations and affecting all new procurement exercises. The new rules are intended chiefly to improve access to remedies for suppliers who allege that public authorities or utilities have breached procurement rules. That same month we were commissioned by the Scottish Government to deliver procurement law training which was open to the whole of the public sector in Scotland. The sessions focused on the changes to procurement law and, in particular, the remedies available to aggrieved bidders and the new risks of signed contracts being set aside and declared ineffective. We staged five road show sessions in major centres around the country, all of which had a significant local authority presence, and training was offered to nearly 300 personnel. > Projects & Procurement > Public Law & Regulation > Public Sector Services

Local Review Bodies Training for councillors on how to deliver robust, open and accountable planning decisions Changes to the Scottish planning system implemented in August 2009 included the creation of Local Review Bodies (LRB) – one of the most contentious elements of the whole reform programme. The LRB is a committee composed of elected members of the council, who decide on challenges against decisions taken by council planning officers under delegated powers. In addition to concerns about the independence of councillors reviewing decisions by officers of their council, questions were raised about whether councillors have the skills required to undertake this review process. We were selected, in conjunction with consultants TPS, by the Scottish Government’s Improvement Service (a partnership body between the Convention of Scottish Local Authorities (COSLA) and the Society of Local Authority Chief Executives (SOLACE) designed to help improve the efficiency, quality and accountability of local public services in Scotland) to provide training to elected members in local authorities across Scotland on their new responsibilities and on the operation of the new Local Review Bodies.

“ This firm plays a dominant role in the local government area and the sheer size and scope of its public sector group are the envy of many.” Chambers and Partners 2009/10 To find out more visit www.brodies.com


31

To date we have provided interactive and customised training sessions to elected members and senior planning officials in over half of the 33 Scottish planning authorities. This appointment recognises our leading-edge experience, as well as our successful track record in working with public authorities and understanding the context within which they operate. > Planning > Public Sector Services

No.1

in Local Government The Legal 500 2010 Chambers and Partners 2009/10

“ I am grateful to the team of staff from Brodies LLP for the excellent training sessions delivered to elected members and staff. Working through practical examples helped to ensure that our procedural arrangements complied with legislation and allowed a full and factual assessment of each case. Following the guidance from Brodies, Clackmannanshire Council confidently arranged its first Local Review Body in the knowledge that assessment of each case was made in an open and transparent way.�

Alastair Campbell, Convenor of the Planning Committee, Clackmannanshire Council


32 Brodies LLP Annual Review 2010

14>Parliamentary & Government Did you know? With the conclusion of the longrunning Saville Inquiry this year, the spotlight has recently been focused on public inquiries and how they might be best conducted in future. Brodies has unrivalled experience in this area and in dealing with a wide range of different types of inquiries. Our practice covers the whole spectrum from high-profile public judicial inquiries (we were involved in the Stockline Inquiry, the first in Scotland since the Inquiries Act 2005 and the first joint Scottish Government and UK Government inquiry) to major planning and fatal accident inquiries. We act for public authorities and private sector clients involved in, or affected by, inquiries, as well as for those conducting inquiries. We advise upon the processes and rules relating to inquiries, provide advocacy services, and deliver training on how to conduct or participate in them. Not surprisingly, a year-long secondment at the Fingerprint Inquiry Scotland has given one member of our public law team a microscopic knowledge of procedure and best practice.

To find out more visit www.brodies.com

The Scotch Whisky Association Understanding competition issues and industry implications of minimum pricing

The BBC Broadcaster contested over final televised debate in General Election

The Scotch Whisky Association (SWA) is the organisation that promotes, protects and represents the interests of the whisky industry in Scotland and around the world – an industry with an annual turnover of £6.4 billion and record exports worth more than £3 billion. A new client for Brodies in the past year, the SWA approached us for advice on the Alcohol etc. (Scotland) Bill, which seeks to impose a minimum pricing regime on alcohol products and also covers other matters relating to the sale and promotion of alcohol.

The 2010 UK General Election campaign was one of the most hotly contested for decades and was unique in public consciousness not least for the live debates on television between the leaders of the three largest UK political parties, each a Prime Ministerial candidate. In the middle of the election campaign Brodies was instructed to help the BBC defend a last-minute legal challenge by the SNP to the broadcasting of the final televised debate involving the UK party leaders.

Our public and competition law specialists have advised on whether the measures in the Bill are within the Scottish Parliament’s legislative competence or are reserved to Westminster, as well as on whether the Bill required to be notified to the European Commission under the EU Technical Standards Directive. > Public Law & Regulation > Competition Law

In the judicial review – raised 48 hours before the debate was due to be broadcast by the BBC – the SNP sought to have Scottish First Minister Alex Salmond admitted to the debate, failing which it demanded a ‘blackout’ of the debate from the airwaves in Scotland. The challenge was dismissed by the Court of Session. > Public Law & Regulation


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Petition for Judicial Review of the Damages (Asbestos Related Conditions) (Scotland) Act 2009 Ground-breaking challenge to a Scottish Act moves to appeal Brodies continues to represent four global insurers – AXA, Aviva, RSA and Zurich – in their high-profile challenge to an Act of the Scottish Parliament which would permit multiple claims for asymptomatic pleural plaques, a condition formally recognised neither as an injury nor a disease. The case raises important questions about the powers of the Scottish Parliament which have had repercussions elsewhere, with both the UK Government and the Welsh Assembly Government becoming involved in the appeal hearing which took place in the summer of 2010. > Public Law & Regulation > Insurance

No.1

in Administrative & Public Law Chambers and Partners 2009/10


34 Brodies LLP Annual Review 2010

15>Retail & Leisure Mountain Warehouse No mountain high enough for outdoors chain in the ascent

Ryman New premises mean stationery retailer keeps moving ahead

Mark Neale opened a single discount outdoor clothing shop in Swindon in 1997. Today Mountain Warehouse has 100 stores across the UK and is an established high-street brand. Its success is built upon a combination of own-brand high-quality outdoor wear and accessories and exceptional value for money. Mountain Warehouse caters for hiking, skiing, camping, cycling and the full range of outdoors activities.

Founded in 1893 in Great Portland Street, London (and still with a shop on the street), Ryman was the first self-service stationers in the UK. It is now the only commercial and family stationery supplier with a presence on the British high street and direct mail order and (since 1998) internet services – and, of course, a household name.

Over the last two years Brodies has acquired 20 stores in Scotland for Mountain Warehouse – its Scottish outlets now extend from Dumfries in the south west to Kirkwall in the Orkney Islands, and occupy prime high street locations and premises in well-known shopping centres such as Glasgow Fort and East Kilbride. A key element in Mountain Warehouse’s expansion has been opening up stores in rural areas and small towns where other retailers have been closing down. With 30 new stores in 2009, the retailer plans as many more this year. > Property “In securing us opportunities as we grow our business and our brand, Brodies’ retail property knowledge and expertise have been invaluable.” Mark Neale, Managing Director, Mountain Warehouse

To find out more visit www.brodies.com

Key to the stationer’s success has been constant investment in its business, from personnel and range of relevant supplies to its store estate. Ryman now has 240 stores around the UK, offering 4,000 products for the modern office and home office, and it continues to grow. In the last year alone it has opened 12 new stores and Brodies’ property specialists have acted in two Scottish premises – on Byres Road, Glasgow and Nicolson Street, Edinburgh. We have also handled a new lease for an existing Ryman store in Dumfries. > Property “The Brodies team has its finger on the pulse of the Scottish retail market.” Colin Adams, Head of Property, Ryman

Long-term relationships with out-of-town retail

In retail, as in so many other areas of business, relationship is all important. In our work that means always providing the best commercial advice based on a sound knowledge and understanding of our clients’ requirements in changing economic environments – whether it is the opening of new stores or the management of an existing property portfolio. With some clients that relationship stretches back decades.


35

B&Q plc

Matalan

B&Q is the leading DIY and garden centre retailer in the UK, with some 330 stores. Over the past year, as the company continues to produce a solid performance in an uncertain climate for their customers, we have provided all Scottish property advice for B&Q – including the sale of a surplus store, various lease surrenders and lease re-gearings, achieving significant property cost reductions, in two separate portfolio deals agreed by B&Q with The Junction and British Land.

Matalan has been a great British success in delivering up-to-the-minute clothing and homewares, providing outstanding value for money since it was founded in 1985.

“Over the years you build a relationship with advisers you can trust and who understand your business – in Scotland Brodies is at the top of the pack.”

The company continues its expansion programme; and in Scotland we have completed the leases for two new stores in Elgin and Bishopbriggs as part of Matalan’s store opening programme. “Brodies knows our brand and the market in which we operate – that is the basis for a real partnership.” Jonathan Spaven, Director of Property, Matalan

Iain Small, Director of Property Acquisition & Management, B&Q plc

No.1 in Retail

Chambers and Partners 2009/10

in Commercial Property: Retail Occupiers The Legal 500 2010

in Commercial Property: Leisure & Hospitality The Legal 500 2010


36 Brodies LLP Annual Review 2010

16>Rural & Forestry Did you know? Our agriculture and estates team has a long track record of advising on traditional areas of Scottish agriculture and rural affairs, including purchase and sale of rural property of all types, land reform and agricultural tenancies, but in recent years we’ve also emerged as the leading Scottish law firm for expertise on rural diversification and development, particularly in the area of renewable energy. Our second annual conference, ‘Unlocking Renewable Value in your Land’, took place in Perth in March. The event, supported by the Scottish Rural Property and Business Association and introduced by Niall Stuart, Chief Executive of Scottish Renewables, brought together experts in planning, surveying, tax, project funding and rural property to explain the practical steps to implement a renewable energy project on an estate or rural property – as well as new opportunities such as Feed-In Tariffs. Specifically for the conference our team created the fictitious Glen McDougall, a modern Highland estate with all the resources typically associated with such a property, including fishings, sports, holiday cottages, farmland, and forestry. The conference was attended by several hundred delegates from the rural community across the central Highlands.

To find out more visit www.brodies.com

Compensation claims for agricultural land Delivering swift and effective claims for rural owners The Borders Railway is a £300 million investment in a 35-mile long new railway from Edinburgh to Tweedbank in the Borders. The railway will form a crucial public transport link for rural communities in Midlothian and the Scottish Borders which have been without any rail connection since 1969. Much of the new line passes through agricultural land and rural estates. Our team has dealt with more than a hundred claims from rural landowners and farmers in connection with rural and farm land compulsorily acquired for the Borders Railway. Handling these compensation claims involved complex legislation on compulsory purchase and agricultural holdings – in particular, queries about compensation payable to landlord and tenant in agricultural tenancy situations, and issues relating to the environment and to compliance with the European and Scottish Government regulations on subsidies. The claims involved intricate examination of titles and agricultural lease arrangements to verify entitlement. Brodies was also involved in advising on salmon fishing in the River Tweed, rural access, and the exercise of sporting rights – as well as on land management issues for agricultural land following land acquisition for the railway and, in particular, accommodation works to

enable farmers to continue to move stock or equipment with minimum inconvenience. Our team’s thorough understanding of rural and agricultural matters meant that the claims could be handled swiftly and sympathetically in order to finalise valuations and progress the railway development. > Agriculture & Estates > Transport “Brodies’ team has managed to conclude many of the large compensation claims using its usual mixture of thorough diligence, tact, and respect for rural issues. This has made a significant exercise seem effortless.” Steven Renwick, Project Manager, The Waverley Project, Scottish Borders Council


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Hookhead Getting the diversification project right for both landowner and land The lands of East and West Hookhead in South Lanarkshire extend to over 89 hectares, mainly taken up with commercial forestry. The land was purchased in 1980 and, as the timber approached maturity, the owner approached Brodies with a view to realising his investment. While a commercial timber sale looked a viable opportunity, there was significant potential for a renewable energy scheme on part of the property. Brodies’ experience in rural diversification meant we were able to advise the client of his options at an early stage, thus allowing the client to enter into discussion with a wind farm developer with a full understanding of the relevant issues. We were involved from the outset in discussions with the wind farm developer along with our client’s forestry managers and accountants, forming a small, collaborative professional team able to obtain the best possible deal for Hookhead. Brodies’ team advised on the commercial terms of the deal at all stages, securing the most advantageous terms and structuring it in such a way as to allow our client to benefit from the revenue stream in the most tax effective manner – the result, a project under way that is right for the property and for its owner. > Agriculture & Estates

“Being new to this sort of thing it was hugely beneficial to have Brodies on my side, as their knowledge of the diverse issues involved meant I could approach the deal with confidence, knowing I had the best possible advice at every step.” The Owner, East and West Hookhead


38 Brodies LLP Annual Review 2010

17>Technology, Information & Outsourcing Did you know? This year, in a highly innovative deal, the largest of its kind in the UK, Brodies was involved in the outsourcing of critical front-line banking services – ATM operations and debit card transaction processing – for a global banking group. The project involved a large cross-disciplinary team from Brodies, with experts in banking, technology, data protection, insolvency law, tax, employment and pensions, led by our Head of Outsourcing, Andrew Rigby, the UK’s ‘Outsourcing Professional of the Year’ in 2009. The deal raised a number of legal hurdles – for instance, guarding against the risk of supplier insolvency was doubly important given that the contract was for the supply of core front-line banking services and key assets such as ATMs. For each specific challenge the team developed purpose-built solutions, carefully crafted to client requirements. In recognition of the deal Brodies was shortlisted as ‘Technology, Media and Telecommunications Team of the Year’ at The Lawyer Awards 2010.

tie Ltd – Edinburgh Trams Project Public sector procurement of an integrated ticketing system

Things Made Out Of Other Things Making 20,000 literary classics accessible at the touch of a finger

Brodies is advising Transport Initiatives Edinburgh Ltd (tie) on its procurement of a ticketing solution (a mix of hardware and back office software) for the Edinburgh Trams project. The project will see trams run, as part of an integrated transport network, from the airport in the west through the city centre and thereafter up to Leith in the north of the city, a length of 18.5 km.

Things Made Out Of Other Things is an Edinburgh-based software company that developed Eucalyptus, a ground-breaking and highly successful ebook application for Apple’s iPhone and iPod Touch. Eucalyptus allows users to access over 20,000 English-language, out-of-copyright titles through Project Gutenburg, the world’s first and largest collection of free electronic books. The underlying Eucalyptus engine is now being successfully licensed to a number of third party developers.

Our technology and procurement teams have been advising on both compliance with public procurement rules and the contract terms of purchase. Instrumental to Brodies’ appointment to the project have been not just our market knowledge and experience in the field of smart ticketing solutions both for public transport and for other applications, but also our expertise in public procurement – an increasingly complex area of law, with heightened risk for the public sector following the amendments to the procurement regulations in 2009 in order to implement the Remedies Directive. The Edinburgh ticketing procurement has been structured in a fairly innovative way – using the competitive dialogue regime in order to maintain competitive tension between the bidders for as long as possible, and provide the best possible deal to tie Ltd. > Technology, Information & Outsourcing > Procurement

We advised Things Made Out of Other Things on a number of licence and collaboration agreements and intellectual property issues during the review period, including a licence agreement under which the Eucalyptus reader software is embedded in standalone ebook applications for individual novels, such as Douglas Adams’ Hitchhiker’s Guide to the Galaxy series (published by Pan Macmillan and Missing Ink Studios). With superbly readable text, easy to find books, and a handsome interface, this innovative app puts a library of free classics into the palm of your hand. You can download Eucalyptus from the iTunes App Store. > Technology, Information & Outsourcing “Brodies’ lawyers combine detailed legal knowledge with an eye for commercial opportunity and a genuine passion for all things technological and innovative.” Jamie Montgomerie, Director, Things Made Out Of Other Things

To find out more visit www.brodies.com


39

One of the UK’s

largest

projects to outsource front-line banking services

Trustmarque Solutions Supporting software specialist as it marks growth with a new Scottish office Building on some twenty years’ experience of the IT industry, York-based Trustmarque Solutions has grown to become one of the UK’s largest software licensing firms; it has a wide range of clients, including major institutions such as the NHS, HMRC, the Metropolitan Police and the MoD. Under a dynamic management it has launched a platform of sophisticated consultancy services, all geared to help businesses make better decisions about their IT needs – how to assess and mitigate information security risks and optimise IT infrastructure through virtualised storage and cloud computing. Brodies has been working with Trustmarque since 2009. Our technology team has helped develop a suite of new contracts, modularised for different service streams of the business but all linking in to core terms and conditions available on the Trustmarque website. As well as

supplying training on the new contracts, Brodies has provided employment training and support in the realignment of personnel as the company grows. Trustmarque has added some 30 new staff in the past year and continues to expand. Brodies has supported Trustmarque in its business development plans – it opened a second office in Scotland in late 2009 – and together we hosted a successful data security conference in Edinburgh in February 2010. > Technology, Information & Outsourcing > Employment “The technology lawyers at Brodies have provided a first-rate service. But, more than that, the relationship has grown closer because we have much in common – a shared commercial vision, an appreciation of where the industry is going and a real willingness to work together.” Scott Haddow, CEO, Trustmarque Solutions


40 Brodies LLP Annual Review 2010

18>Transport & Infrastructure Did you know? The final tracks have been laid on the UK’s longest passenger rail line for 100 years, and Brodies was involved in the project from the inception. Network Rail has now completed the track laying on the 24km stretch of new railway between Airdrie and Bathgate, finalising a modern, soon-to-be electrified rail link between West Lothian and North Lanarkshire. Brodies’ transport team has worked closely with Jacobs, in assisting Network Rail to deliver the project. Our work included managing all land acquisition, compulsory purchase and compensation services, involving some 1,000 separate plots of land and affecting several thousand owners.

Transport Scotland Strategic advice to national trunk roads authority

South Lanarkshire Council Acquiring land for essential local transport and infrastructure improvements

The A96 Inverness to Aberdeen trunk road is an important strategic link in the national trunk road network. The Threapland junction of the A96 in Morayshire has a history of fatal and serious accidents – so an improvements scheme to upgrade the existing carriageway and increase visibility for approaching vehicles is vital.

Hamilton plays a significant part in the growing Glasgow and Clyde Valley conurbation, and South Lanarkshire Council has identified new areas for residential development in the town. Peacock Cross in Hamilton has been the centre for much new infrastructure investment and the existing traffic management system there has become inadequate. The council is improving the road network with a new link road to address major traffic congestion and future housing development, as well as upgrading pedestrian links and crossings, and providing a permanent park-andride facility near Hamilton West station.

We were instructed to advise on strategy for the handling of objections to the scheme, with a view to presenting the case to the Scottish Ministers for approval. Our work has involved examining title interests to determine the status of objectors, handling objector negotiations, and advising Transport Scotland on its statutory obligations as trunk roads authority and acquiring authority under compulsory purchase legislation. In particular our input helped to achieve the removal of all statutory objections to the scheme so that a public inquiry was avoided, saving project time and expense. > Transport > Planning > Property

We represented the council at the public inquiry into their compulsory purchase order (CPO) for Peacock Cross. Shell objected to the CPO which would result in the loss of their petrol filling station. Despite evidence from transport experts commissioned by Shell, arguing that there were alternatives which would not result in loss of the filling station, the Scottish Ministers rejected the claim. Work has now started on the road improvement scheme. > Planning

“Brodies dominates the rail market in Scotland.” Chambers and Partners 2009/10

To find out more visit www.brodies.com


41

No.1 in Transport The Legal 500 2010


42 Brodies LLP Annual Review 2010

19>Urban Regeneration Did you know? Our second annual urban regeneration round table drew together senior figures from among Scottish government, local authorities, developers and contractors, to discuss the latest issues facing all those with an interest in seeing urban regeneration projects move forward – from funding vehicles, public sector asset management, return on investment and where strategic leadership should come from in economic recession, we discussed it all.

Clyde Gateway URC Major office development leads Bridgeton Cross regeneration Clyde Gateway is an area of 850 hectares east of Glasgow city centre, which forms the ninth largest urban regeneration initiative in the UK. Clyde Gateway URC (Urban Regeneration Company) is a partnership between Glasgow City Council, South Lanarkshire Council and Scottish Enterprise with funding from the Scottish Government. It was set up in 2007 to lead unparalleled social, economic and physical change in the area and co-ordinate the estimated investment of £2.6 billion over the next 20 years. Brodies acted for Clyde Gateway in one of its first major projects, Eastgate, which has become a pathfinder for the Gateway’s means of interaction with the private sector. The development is a 65,000 sq. ft. office to be built on a brownfield site at the junction of London Road and Brook Street within the Bridgeton area. The building will be the new home of Glasgow Community & Safety Services and will be constructed to achieve BREEAM ‘Excellent’.

Brodies’ urban regeneration team advised on EU Competitive Dialogue procedures and procurement, construction issues and tax-efficiency using our innovative Oatlands model, which has been successfully applied in other regeneration initiatives across the country. > Urban Regeneration > Construction & Engineering > Property > Public Sector > Projects & Procurement “The best regeneration projects are delivered through successful partnership at all levels. Clyde Gateway is delighted with the first-class support and service provided by Brodies as we take our first big steps in transforming our communities in the East End and parts of South Lanarkshire.” Debbie McNamara, Special Advisor, Clyde Gateway

We act for two of the top four regeneration projects in Scotland

To find out more visit www.brodies.com


43

Glasgow Harbour Regeneration of historic waterfront area steams ahead Once home to the world’s shipbuilding industry, Glasgow Harbour continues its transformation from post-industrial wasteland to 21st-century cityscape with an estimated £1.2 billion budget for current pipeline projects, including up to 2,500 new homes (with a strong affordable presence), a blend of highquality commercial, retail and leisure facilities and a very substantial proportion of open public space. Brodies acts for Glasgow City Council, the landowner and initiator of the regeneration programme. The council has developed through its company, Culture and Sport Glasgow, an iconic public building, focal point for the entire project. Designed by internationally renowned Iraqi-born British architect and sole female recipient of the Pritzker Prize, Zaha Hadid, the £75 million Riverside Museum will house Glasgow’s transport collection, provide a new berth for the Tall Ship and encompass a fabulous new open-air events space.

Our role has been to take forward the framework agreement with the lead developer Peel Holdings, deal with the highly complex title and conversion of leasehold and carve out the museum space and services. Together with our banking team, we resolved security for the council’s ongoing profit-share interests with the primary project lenders. > Urban Regeneration > Property > Banking & Financial Services

“Brodies has been a great asset to the team. A law firm that can handle complex property matters and technical banking law, with a shrewd awareness of public sector needs, is an invaluable advisor for projects of this scale.” Brian McGraw, DRS Group Manager, Glasgow City Council


Leadership and Innovation


46 Brodies LLP Annual Review 2010

20>Expertise & Innovation Did you know?

Planning blog – Planning book

Client resources

To illustrate the difficult and sometimes critical issues of modern corporate governance, we have created an ongoing drama set in the boardroom of the fictional firm, Leith Cruisers. The realistic scenarios, crisp dialogue and well observed performances by our lawyers in various character roles, bring to life the legal and financial challenges facing directors and NEDs. Instalments of the drama take place in our twice-yearly client seminar programme.

It’s been a big year for planning. In August 2009 major reforms to the planning system were introduced by the Scottish Government. Experts from our team featured widely in the media communicating the changes and their significance. We were also involved in a country-wide programme to train local authorities about the newly introduced Local Review Bodies. The team followed this up with a detailed report on the impact of the reform on local authority Schemes of Delegation and how the wide variation in practice might actually be impeding efficiency in the decisionmaking process. Interestingly, the Scottish Government seems to have followed Brodies’ lead by producing its own analysis of the Schemes of Delegation showing the reasons for which a decision might be reserved to committee.

Technology is at the heart of what we do. Not for its own sake, but because, properly implemented, it helps our lawyers do their job even better. This client focus of our technology investment has led to some major innovations over the past year.

Brodies runs the largest businessfocused legal seminar programme in Scotland – it’s arguably the most innovative too.

In February 2010 the planning law team launched its PlanningBlog (http:// planningblog.brodies.com/) providing real-time commentary and insight on key planning issues affecting Scotland and the UK – it is now getting 100 hits a day. And Head of Planning, Neil Collar, put the finishing touches to his updated book, Planning, which was published in its third edition this year. Perhaps all this is why Chambers and Partners 2009/10 called our standalone planning practice “indisputably one of the best in the country”.

To find out more visit www.brodies.com

BResourceFull (http://bresourcefull. brodies.com/) is our employment law portal providing clients with guidance notes, up-to-date styles for contracts and policies, information on training and workshops, a regular featured question on a pressing issue and our own e-soapbox, HR’angue. Our personal injury team launched BClaims (http://bclaims.brodies.com), an exciting new microsite for individual clients and business referrers, with access to information about our team and services and how we run claims and court actions in Scotland. It also contains our case update, on all the latest developments on personal injury both north and south of the border. BClaims is also linked to our state-ofthe-art extranet facility, where clients can log in and monitor the progress of all live cases and check the status of those completed.


47

“ We have more practice areas in the top tiers than any other Scottish law firm.�

27 rankings in tiers 1 and 2 by The Legal 500 2010

2,629

clients attended our firm-wide seminar programme


48 Brodies LLP Annual Review 2010

21>Investment & Support Investment at Brodies goes way beyond nurturing our own home-grown talent. Our corporate responsibility programme Positive Impact links together the things we do, as a firm and as individuals, which make a difference, both to our own workplace and to the communities around us. For us Positive Impact is not simply about supporting good causes but also about growing a sustainable and responsible business over the long term – one that has corporate responsibility embedded into our strategic business planning. A common thread links many of our corporate responsibility initiatives: supporting young people to help develop and build their skills and talents in sport, the arts and intellectual endeavour.

Scottish Schools Debating Team, World Debating Championships, Qatar 2010 School public speaking skills are up for debate Making your case and winning the argument is as vital in law as it is in business, public service and many other walks of life. Brodies has been supporting young people in developing their public speaking skills and competing in international debate. In 2010 we were pleased to support the Scottish schools team at the World Schools Debating Championships held in Doha, Qatar, attended by students from all over the globe. The Scottish teams, annually selected by the Scottish Schools International Debating Council, have had considerable success in the competition – winning three times in its 20-year history. In preparation for the event our senior litigators helped the team, which is coached by Brodies’ Adam McKinlay, and participated in the first of our own annual pre-Christmas debates on the motion: ‘This house believes it is a wonderful life.’ In a packed Brodies boardroom Scottish school debaters spoke alongside and against partners from our employment, public law and family law practices. In 2011 the Championships will be hosted by the City of Dundee and Brodies looks forward to supporting the event. “We are thrilled to have the backing of such a prestigious firm as Brodies – their support took the Scottish team to Qatar in 2010 and will undoubtedly help make the 2011 Championships in Dundee a success.” Irene McGrath, Chairman, Scottish Schools International Debating Council

To find out more visit www.brodies.com

Scottish Schools Swimming Association, WISE International, Glasgow 2010 Supporting a four nations championship for school swimming stars Glasgow’s Tollcross Park, a venue for the 2014 Commonwealth Games, hosted swimming teams from the four nations of the British Isles in March this year, as the 39th annual WISE (Wales, Ireland, Scotland, England) Schools International Swimming Championships came to Scotland. We supported the event through our long-standing relationship with the organisers, the Scottish Schools Swimming Association (SSSA). Celebrating its 60th anniversary this year, the SSSA is a purely voluntary organisation which encourages the pursuit of swimming excellence in schools across Scotland. 150 British and Irish swimmers, aged between 13 and 19, took part in individual and relay races at the Glasgow championships; for many of them the WISE International was the first time they had represented their country. The day-long competition was followed by a gala evening reception for the teams and officials in the city, hosted by Glasgow City Council, at which our Managing Partner, Bill Drummond, represented Brodies’ sponsorship, engagement and support.


49

Did you know? Brodies LLP was named ‘Best Legal Employer 2010’ by Legal Week magazine in its annual Employee Satisfaction Survey. Conducted independently and confidentially across Top 100 UK law firms (including US firms in the UK) by Legal Week Intelligence, the survey ranked Brodies No. 1 out of all the firms featured – with “by far the highest score in the whole survey”. This is the first time Brodies has appeared in the survey. The Employee Satisfaction Survey measures a wide range of workrelated and personal criteria, spanning professional life, management, and career development. Brodies was singled out as highly rated in several categories including quality of work, quality of clients, collegiality and firm-wide culture, career development and equal opportunities, including flexible working arrangements.

“Best Legal Employer 2010” Legal Week Employee Satisfaction Survey

213

We have more lawyers based in Scotland than any other Scottish law firm

29

Secondments over the past year


50 Brodies LLP Annual Review 2010

22>Environmental Impact Did you know?

Keeping a green house

Brodies is a member of the Legal Sector Alliance, a partnership of over 180 law firms working to take action on climate change. As members of the Legal Sector Alliance, we commit to:

Throughout Brodies we understand our collective responsibility to use resources efficiently, minimise waste and reduce our environmental impact wherever possible. We set up a dedicated group, SUSTAIN, made up of volunteers across Brodies’ three offices, to develop and implement long-term environmental initiatives, and encourage personnel to adopt a green housekeeping routine – in use of heat, light, water and energy, travel habits, printing and consumption of paper, and recycling.

>M  easure, manage and reduce the impact of our operations >W  ork with external stakeholders to reduce our indirect impact > I ntegrate awareness of climate change across our business >A  dvise clients on the opportunities and obligations arising from and under climate change law

We have measured the carbon footprint of all our offices and established a definitive list of policy objectives across our business.

> Work collaboratively to engage in the public debate on climate change and to develop, apply and promote best practice across the sector >R  eport on our progress and be accountable

Shortlisted for Best Green Initiative The Know List Awards To find out more visit www.brodies.com

2010


51

Environmental performance to date Policy objective

Successes 2010

1 Minimal use of paper and consumables

1 40% reduction in use of paper

2 Low energy use

Recycled paper used across the firm

3 Low carbon emissions 4 Sustainable/low carbon travel 5 Recycling

R  emoval of all plastic cups, saving 100,000 cups per year, replaced with ceramic SUSTAIN mugs 2 Reduction of electricity use by a quarter (equivalent to 78 tonnes less of CO2 per annum) P  C and monitor switch-off checked by SUSTAIN volunteers M  ains-fed water filters/chillers installed to reduce the energy used by stand-alone water coolers I ntroduction of the most energy efficient equipment across the firm

3 Ongoing replacement of fluorescent lights with energy efficient models C  onsolidation of server hardware through virtualisation resulting in reduced power consumption and carbon emissions 4 Bike to Work scheme introduced I nstallation and encouraged use of video and telephone conferencing to minimise travel 5 Recycling facilities for paper, cardboard, cans, plastics, glass, lightbulbs and print cartridges in all departments


52 Brodies LLP Annual Review 2010

23>Accounts

Profit and loss account for the year ended 30 April 2010

2010 £000

Turnover Operating expenses Operating profit Net interest receivable Other finance costs associated with FRS 17

2009 £000

35,776

39,088

(22,980)

(24,827)

12,796

14,261

9

162

(70)

(32)

Profit for the financial year before members’ remuneration and profit shares

12,735

14,391

Members’ remuneration charged as an expense

(10,967)

(12,186)

1,768

2,205

Profit for the financial year available for discretionary division among members

1,768

2,205

Actuarial loss relating to pension scheme

(329)

Profit for the financial year available for discretionary division among members Statement of total recognised gains and losses for the year ended 30 April 2010

Total recognised gains and losses for the year

All results relate to continuing activities.

To find out more visit www.brodies.com

1,439

(386) 1,819


53

Balance sheet as at 30 April 2010

2010 £000

Fixed assets Tangible assets

653

2009 £000

867

Current assets Debtors Cash at bank and in hand

16,597 4,121

18,696 3,236

Creditors: amounts falling due within one year

20,718 (4,066)

21,932 (4,272)

Net current assets

16,652

17,660

Total assets less current liabilities

17,305

18,527

Creditors: amounts falling due after more than one year Provisions for liabilities

(254) (1,192)

(262) (1,276)

Net assets excluding pension liability Net pension liability

15,859 (1,226)

16,989 (921)

NET ASSETS ATTRIBUTABLE TO MEMBERS

14,633

16,068

Represented by: Loans and other debts due to members Members’ capital classified as a liability under FRS 25 Other amounts

3,675 10,931

2,850 12,425

Equity Members’ other interests – other reserves classified as equity under FRS 25

14,606

15,275

27

793

TOTAL MEMBERS’ INTERESTS

14,633

16,068


54 Brodies LLP Annual Review 2010

24>Services Index / Contacts Agriculture & Estates Brodies has long been a leading Scottish firm in the area of agricultural and estates law and we continue to provide a full range of services to a wide-reaching client base. Our dynamic and innovative team covers all areas, including agricultural tenancies, renewable energy, forestry, fishings and shootings, minerals and estate management, and we work with private client on tax planning for agriculture and estate clients. Contact: Odell Milne – Partner 0131 656 0189 odell.milne@brodies.com Banking & Financial Services Brodies has catapulted itself into being one of the largest banking and financial services practices in Scotland and a market leader in acquisition finance, property finance, banking advisory, regulatory and retail banking, and asset finance work. The team offers advice across the full spectrum of the highly regulated financial services industry as well as a significant level of in-house experience, with a real working knowledge of the regulatory framework and a deep understanding of clients’ requirements. Contact: Bruce Stephen – Partner 0131 656 0260 bruce.stephen@brodies.com

Commercial Litigation In dispute resolution and litigation, Brodies has a long-standing and pre-eminent reputation in Scotland. It is the breadth of expertise in our practice which distinguishes us from the competition. The capability of our nine separate specialist business units inspires client confidence that we can deploy the right person to look after and service their needs, whatever the nature of the dispute. We are regularly instructed on cross-border jurisdictional issues by City law firms, international practices, notably in Europe and the United States, and corporate counsel worldwide and have specialist teams of lawyers advising on disputes spanning a very wide range of disciplines. Contact: Robin Macpherson – Partner 0131 656 0131 robin.macpherson@brodies.com Commercial Property Brodies’ market-leading, award-winning department is the largest practising solely from offices in Scotland – representing a clear option to the market for major Scottish and cross-border transactions. Our first-class lawyers, the quality of our work and our impressive client base, coupled with complementary skills in a number of other departments, allow us to provide the fullest range of legal services to those operating within the property industry. Contact: Nick Scott – Partner 0131 656 0234 nick.scott@brodies.com

To find out more visit www.brodies.com

Construction & Engineering Brodies’ construction and engineering group has the capacity to handle all issues associated with construction, engineering and major projects (especially infrastructure). Our non-contentious work, in England, Scotland and Northern Ireland, adds real value for the blue-chip clients regularly instructing this busy team, while our contentious practice boasts solicitor advocate and accredited mediator skills. We also have one of the most respected construction insurance litigation practices in the market. Contact: Mark Finlay – Partner 0131 656 0101 mark.finlay@brodies.com Corporate Brodies’ corporate practice goes from strength to strength. We provide ongoing corporate and commercial advice to a wide range of private and quoted companies and other ventures. The team delivers expertise, experience and commitment. For many clients we have become a key member of their team – understanding their sector and culture as their trusted advisor. Whether part of a transaction or perhaps just a sounding board for day-to-day issues, we are dedicated to working with our clients on the opportunities as well as the challenges of the business environment. Contact: Julian Voge – Partner 0131 656 0248 julian.voge@brodies.com


55

Corporate Restructuring & Insolvency At Brodies, our corporate restructuring and insolvency team has developed into a focused and specialised unit experienced in providing its core services to a full range of clients. With the breadth of experience and the required specialisms available to hand, our team has the ability to meet and exceed the service requirements and expectations of banks, insolvency practitioners and corporates in the Scottish market place. Led by recognised insolvency specialists, the team advises senior lenders, insolvency practitioners and stakeholders on all security, restructuring and corporate and personal insolvency matters. Contact: Colin McIntosh – Partner 0141 245 6260 colin.mcintosh@brodies.com Debt Recovery Brodies specialises in recovery of both commercial and consumer debts on behalf of a wide range of clients. We act across a range of sectors with particular experience in property, construction and professional services including the legal, accountancy, surveying and architectural markets. We have expertise in relation to insolvency procedures, statutory demands and bankruptcy and liquidation petitions, and put our insolvency skills to best use in relation to enforcement. Contact: David Whyte – Partner 0141 245 6741 david.whyte@brodies.com

Employment & Pensions Brodies’ employment and pensions department is recognised as one of the most knowledgeable, progressive and client-focused in Scotland. With 30 specialists we offer a range of expertise and depth of experience that have led us to be consistently recognised by the leading independent legal directories as No. 1. Our specialisms include employment tribunal litigation, equal pay and diversity issues, transaction support and training, and the full range of HR support functions including project management. Our recently enlarged pensions team advises employers, trustees and administering authorities on occupational and public sector pension schemes. Contact: Joan Cradden – Partner 0131 656 0130 joan.cradden@brodies.com Family Brodies’ family law department continues to enjoy an outstanding reputation, founded on the experience and talent of our team. With a strong international family law practice, we are renowned for our expertise in handling all financial, and other, aspects of separation and divorce, including high profile and high net worth divorces.

We also have a reputation for child law work in both the private law and public law areas. Clients value our personal approach and our emphasis on delivering quality practical advice. Contact: Scott Cochrane – Partner 0131 656 0124 scott.cochrane@brodies.com Insurance Our insurance and risk management team works with general insurers, Lloyds Syndicates, P&I Clubs, brokers and adjusters to handle claims across a range of sectors. Our client base also includes public authorities and other self-insuring private corporations. Our team works with clients to minimise the operational risk to which they are exposed as part of their business. While dealing with claims before the courts is at the core of our practice, we also undertake substantial work at the pre-litigation stage and are experienced in using appropriate ADR procedures. Contact: Toby Seton – Partner 0131 656 0293 toby.seton@brodies.com


56 Brodies LLP Annual Review 2010

24>Services Index / Contacts Personal Injury Brodies’ specialist personal injury team has extensive experience across the full range of claims, from employer and public liability to road traffic and industrial claims. Our team acts for both claimants and defendants and is well placed to give balanced and pragmatic advice. We are geared to handle high volume work where speed of response is all important to both clients and referrers. Our specialist team also handles high value cases of significant complexity involving catastrophic injury where quality and efficiency of service are central to our reputation. Contact: David Armstrong – Partner 0141 245 6751 david.armstrong@brodies.com Planning Brodies’ top-rated planning team covers the full range of planning issues, from development plan allocations, to applications, planning gain, appeals, inquiries and judicial review. Acting for an impressive mix of public and private sector clients, the Brodies team is active across a range of sectors including transport, retail, housing and renewables. Contact: Neil Collar – Partner 0131 656 0125 neil.collar@brodies.com

To find out more visit www.brodies.com

Private Client Brodies has one of the strongest and most dynamic and respected private client practices in Scotland. With an outstanding team of lawyers with vast knowledge of and experience in estate planning, wills, trusts, tax and accounting, charities, executries and agriculture and estates, we continue to add the very best talent to ensure we deliver a very personal and high-quality service to our clients. The team has won a number of awards for work in this area over the year under review. Contact: Hugh Stevens – Partner 0131 656 0240 hugh.stevens@brodies.com Projects Brodies’ projects group has a strong track record in advising clients on the delivery of new infrastructure, major service change, regulatory compliance and the purchase of mature infrastructure assets. We operate in a number of sectors including healthcare, transport, energy, environment, water, waste and the public sector. We are known for our advice on innovative and pathfinder projects and we are at the forefront of commercial and legal developments in all of these sectors. Contact: Keith Patterson – Partner 0131 656 0059 keith.patterson@brodies.com

Property Litigation Our expertise includes all aspects of property litigation from disputes over servitudes to rent reviews in major commercial leases. We handle all contentious aspects of commercial property portfolio management including debt recovery, irritancy threats and lease disputes. Current matters range from estate and agricultural issues in the Land Court to the interpretation of overage clauses in the Court of Session. Our team has significant experience of running actions in the Commercial division of the Court of Session in Scotland and all forms of ADR. Contact: Stephen Goldie – Partner 0141 245 6226 stephen.goldie@brodies.com Public Law & Regulation Brodies is recognised as a leading adviser on matters of Scots administrative and public law. Rated top tier in this field by the leading legal directories, we are chosen regularly by clients to advise and litigate about the powers of the Scottish Parliament and the Scottish Government, freedom of information, the work of local authorities and Scottish and UK regulations. Contact: Christine O’Neill – Partner 0131 656 0286 christine.oneill@brodies.com


57

Public Sector Services Group The PSSG has 70 lawyers from across the firm dedicated to public sectorrelated activity. The PSSG enjoys a high profile within Brodies, in recognition of the importance that we place on the public sector and its role in defining and improving the future of Scotland. Contact: Jackie McGuire – Partner 0131 656 0008 jackie.mcguire@brodies.com Renewable Energy Our team has grown to become one of the most dynamic and respected in Scotland, offering an expert and fully integrated service for all types and size of renewable energy project – wind, hydro, marine, biomass and AD, and heat. We have specialists in land, agriculture and estates, forestry, finance, tax, environment, planning, procurement, contracts, projects, construction, regulation, health and safety and risk management – everything to take a project from inception to completion. Contact: Neil Collar – Partner 0131 656 0125 neil.collar@brodies.com Shipping & Transport Brodies’ highly regarded shipping team, specialising in both contentious and non-contentious shipping, acts for leading P&I Clubs and other marine underwriters in a wide variety of claims from the marine and transport sector.

We provide strategic advice on the myriad issues that can arise in the moving of goods and people by sea, road and air. In transactional work, our team has expertise in advising on the shipping, offshore, fish farming and fishing industries. Whether acting for banks or other lenders, owners, charterers or government agencies, we are geared to help clients manage the risks associated with the construction, sale, purchase, chartering or management of all types of commercial vessels. Our wider team is at the forefront of the transportation sector, delivering legal expertise to major rail, urban transit, and road infrastructure projects, as well as to the aviation industry. From planning and projects work to construction contracts and parliamentary representation, we have been involved in many of the important strategic and ground-breaking transport developments in Scotland. Contact: Duncan MacLean – Partner 0131 656 0152 duncan.maclean@brodies.com Karen Hamilton – Partner 0141 245 6225 karen.hamilton@brodies.com Tax Brodies offers a full range of services in relation to corporate tax and the taxation of business more generally. This includes tax advice on transactional work (including mergers, acquisitions, disposals, corporate restructuring and property transactions), tax planning for the best financial results, tax compliance,

negotiation with Revenue and Customs authorities and advice in relation to other tax matters which may affect our business clients, such as value added tax, capital allowances, and SDLT. We also work at the personal/corporate interface, including dealing with a wide range of employment tax issues and planning the personal tax affairs for individuals. Our team draws on both legal and accountancy expertise, ensuring that our clients have the best possible advice. Contact: Alan Barr – Partner 0131 656 0103 alan.barr@brodies.com Technology, Information & Outsourcing Brodies works with clients to address the challenges involved in using, protecting and exploiting technology, intellectual property, know-how and other information. We have a strong track record of providing advice in our key disciplines of information technology, outsourcing (BPO and IT), information law and IP. Our team contains specialists in a range of sectors including financial services, retail, public sector, life sciences and telecommunications. We work closely with other experts in related practice areas to provide a seamless integrated service that can handle all of our clients’ requirements. Contact: Grant Campbell – Partner 0131 656 0115 grant.campbell@brodies.com


To find out more visit www.brodies.com

Design and production: gmtoucari.com

58 Brodies LLP Annual Review 2010


15 Atholl Crescent Edinburgh EH3 8HA T 0131 228 3777 F 0131 228 3878

2 Blythswood Square Glasgow G2 4AD T 0141 248 4672 F 0141 221 9270

“Brodies” is a registered trade mark www.brodies.com


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