BTO's Litigation Defence team - Brilliance...driving business resilience

Brilliance ...driving business resilience

Spotlight on our services Introduction to BTO’s Team

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Regulatory and Crisis Management

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Road Traffic Prosecutions and FAIs

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Personal Injury

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Product Liability

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Employment Practices Liability

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Reputational Issues

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Fraud and BTO CyberProtect

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Construction and Engineering

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Claims and Complaints

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Key Contacts

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Largest independent Litigation Defence Team in Scotland Expert litigation solicitors 100% specialism in every service Band 1 ranked in Health & Safety, Personal Injury and Crime* Ranked among the best in Scotland for Product Liability* 14 in-house Solicitor Advocates * The Legal 500 and Chambers UK are the leading guides to recommended law firms in the UK

Running a business can be full of surprises and the future is unpredictable…

Some types of accidents are commonplace. They can seem insignificant, but a high volume of such claims can result in increased premiums, soak up management time and attract the attention of Regulators.

Other types of incident are highly unusual and tend to arise when you least expect them. These include everything from serious injuries and fatalities to claims arising out of defective products, outbreaks of infectious diseases, gas leaks, explosions, pollution of water courses, large fires, data breaches and so on.

Before you know it, you can have a major incident on your hands, be the subject of press attention, and find the incident is causing you severe financial difficulties.

Increasingly, with serious incidents, you may also find that you are quickly drawn into a Regulatory investigation, under scrutiny from the Police, HSE or Local Authority.

Turn resilience into commercial advantage with BTO on board BTO's Litigation Defence team is the largest in any Scottish independent law firm, representing the commercial clients of most of the major UK and international insurers.

Our lawyers are recognised experts who operate in specialist teams dealing with all aspects of business from Regulatory issues, to motor claims, personal injury, property damage claims, environmental claims, product liability, construction, fraud claims and more.

Recognising that litigation is often the last resort, our experts in mediation and negotiation can work to strike the balance between securing commercial advantage and preserving your important commercial relationships.

We provide rapid response coverage throughout Scotland, no matter the location, and comprehensive advice on issues south of the border involving our dual qualified solicitors.

With glowing references from CEOs and management teams the length and breadth of the country, in nominating BTO to represent you, you can be assured that your business is in the very best of hands.

Contact your Brokers/Insurers today to nominate BTO and save valuable time if/when you need us.

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Regulatory and Crisis Management "distinguished by its... combination of technical mastery with commercial realism" Regulatory scrutiny of health, safety and environmental risks is ever increasing, as are the penalties that you may face if things go wrong, potentially leaving you and your business exposed. Following a major incident, you will require pragmatic advice, swift solutions and effective crisis management to protect your reputation, your brand and your balance sheet.

As the largest independent and dedicated Regulatory Crime team in Scotland, ranked in Band 1 in both Chambers UK and The Legal 500, we are expert at hitting the ground running as soon as an incident arises. True specialists with a proven track record in criminal defence, no other firm in Scotland has so many practitioners who are 100% dedicated to regulatory prosecution work, two of whom are former Prosecutors.

To support you, we assimilate the relevant information, liaise with the necessary authorities on your behalf, and execute a suitable action plan, which allows you to focus on business as usual. We also provide guidance on how to deal with the inevitable media interest. We offer:     

an immediate response to incidents Scotland-wide 24 hour call out service guidance on preserving legal privilege advice, assistance and representation at interviews by all enforcement agencies, including the Police, HSE, SEPA, local authorities and MCA advocacy in the defence of regulatory prosecutions (health and safety, environmental, trading standards) and representation at Fatal Accident Inquiries (FAIs).

Example: We acted for one of the largest licensed asbestos removal companies in the UK in relation to a prosecution of the company following a work place gas explosion which resulted in the death of one of the client’s employees and another being left with life changing injuries. The team assisted the client at all stages in the large scale joint investigation by Police Scotland and the Health and Safety Executive. This included representation at HSE interviews.

The Crown prosecuted the client for a breach of Section 2 of the Health and Safety at Work (etc) Act 1974 and secured a fine of £150,000 in April 2021.

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Road Traffic Prosecutions and FAIs “experienced and pragmatic” Most businesses these days involve driving for work as a primary or incidental activity.

A significant proportion of the motor cases we handle are road traffic prosecutions for fleet drivers and those who drive in the course of their employment. These cases require specialist input as the penalties for conviction, particularly in fatal cases, can be significant with custodial sentences obligatory for many offences.

Our team features several ex-prosecutors who will provide the best possible advice to defend a charge or mitigate the consequences. Where employees are driving work vehicles, our top ranked Health & Safety lawyers are uniquely placed to advise in the Scottish market.

The number of claims made against your company will impact on your premium. Our team will get to the heart of claims, determine trends, shorten the lifespan of claims and, ultimately, minimise the amount of disruption and expense to which you are subjected.

We also run very successful recovery schemes for fleet losses incurred. The recovery of these losses minimises the impact of accidents caused by others on the business.

Examples: Driving at work FAI: Acted for a bus company whose vehicle was involved in a fatal road traffic accident in which a school pupil was killed. As a result of our representation, the company was not criticised during this Inquiry in any way and there was no commercial or reputational fall-out to their business despite the tragic events.

In the reported case of Samuel Cameron v Martin Swan & Others, we represented the insurers of a delivery driver who, while driving his van through a city centre street in the early hours of the morning, ran over a young man who was lying in the middle of the road and who it was alleged was intoxicated through either alcohol or drugs. The judge found in our client’s favour, dismissing the case on the basis that the pursuer had not established the driver had been negligent. The potential saving to the client is valued at around £8million.

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Personal Injury

"very commercially aware and astute”

"...respond very quickly to what we need and are flexible and adaptable" Our Band 1 ranked personal injury team is a group of diverse specialists handling claims of all varieties including motor, employer’s liability, public liability and product liability. Our lawyers have wide-ranging expertise in areas such as fraudulent claims, catastrophic injuries, occupational disease and abuse claims, including high profile historic abuse claims brought against organisations and individuals. We are involved in personal injury claims and litigation at all levels from Compulsory Pre-Action Protocol claims, right through to taking cases to the Supreme Court.

We understand that the number of claims made against your organisation affects your premium and takes up valuable management time, which impacts on your commercial bottom line. Our team will analyse the claims you face, determine which should be repudiated, shorten the lifespan of claims to be settled, and ultimately minimise the cost in time, money and disruption to your operations. We can also identify trends in your claims profile and provide advice to tackle those. We have undertaken claims defensibility projects and training with many businesses to help them to improve their claims record. We can also provide insurance policy coverage advice where needed.

Fully focused on the Scottish marketplace, we know our opponents well and adopt strategies designed to achieve early beneficial results. We have access to the best Advocates through our connections with the Bar and our in-house Solicitor Advocacy team. Our tried and tested network of experienced expert advisors will also provide you with the best technical evidence for all types of claim.

Example: Successfully defended a client following a farm accident resulting in no damages being paid, recovery of full expenses in excess of 6 figures, and our client being awarded an additional fee given the complexity and novelty of the case.

Product Liability “strong reputation for product liability work across UK” “notable experience in advisory and regulatory work including product recall” The impact of a product liability claim can be extremely damaging. We have the largest and best known team of product liability lawyers in Scotland and are experienced in handling many different types of claims in a range of sectors, including: food and drink, medicine/healthcare, electrical, retail, building/engineering, oil and gas, aquaculture and farming.

Our team will work to minimise your exposure to potential liability and to protect your brand and commercial relationships. We regularly deal with highly sensitive claims that have implications (both civil and criminal) in domestic and foreign jurisdictions, including China, USA and Europe.

We also advise clients as to their contracts with suppliers, customers and generally. The supply chain can be long and the exact quality and derivation of raw materials can be difficult to trace. It is essential to minimise risk (for customers) and maximise available remedies (from suppliers) in the event of difficulties.

Our experience includes acting in relation to:      

products alleged to have started fires the supply of allegedly defective baby products the global sale of contaminated whisky salmon tainted by diesel oil the alleged supply of defective potatoes for growers around the world Injuries caused by defective manufacturing equipment, white goods, vehicles, lifejackets and more...

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Employment Practices Liability "excellent service from general advice to tribunal representation" The current uncertain economic climate has resulted in a significant increase in the number of claims being made against employers in the Employment Tribunal. Our first class employment law team advises on all employment law matters and is also instructed by major global insurers to defend Employment Tribunal claims under their employment practices liability insurance (EPLI).

We have a track record of successfully defending many major Scottish organisations and businesses in ET claims under their insurance arrangements with insurers and this includes everything from redundancy and unfair dismissal claims to major whistleblowing and discrimination claims. We would be happy to assist you.

Reputational Issues

"cannot rate them highly enough."

OFFLINE: If you require urgent reputational advice and immediate action against the traditional press and social media, we can assist. Our team’s rapid response capability, including court action if necessary, distinguishes us from our competitors. Headed by a Solicitor Advocate who is also an Accredited Specialist in Data Protection and Freedom of Information Law, the team pleads and appears in its own cases where possible, providing consistency and saving you time and money.

ONLINE: Once information is posted on the internet and in the public domain, it can be extremely difficult to remove it. We pride ourselves on our speed of response and can provide timely advice on all aspects of reputation management.

Areas in which we can assist you include:     

urgent takedown of adverse content strategic advice in relation to adverse content court action and cease-and-desist letters interdicts/injunctions and protection from Harassment Orders defamation and reputational issues

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Fraud - BTO CyberProtect “peerless at anticipating and managing risks.”

In this digital age, no business is immune to cyber risk. What is more, the financial and reputational impacts of cybercrime, business interruption and privacy breaches can be immense.

PREVENT

BTO’s CyberProtect team was created to protect businesses from the impact of system failures, security and data breaches and related claims.

We offer practical, cost-effective advice which will allow you and your customers to stay in control and on the right side of data protection law, avoiding reputational damage and the often substantial fines and claims incurred when things wrong. In the event of a cyber incident occurring, we offer a rapid response service.

RESPOND

DEFEND

BTO Cyber Protect

BTO’s CyberProtect team forms part of a tri-partite cyber breach response service which includes one of the most respected counter fraud experts in the UK. BTO manages and advises on the legal aspects of a cyberattack or data breach and handles subsequent claims. A specialist London firm provides the forensic computer capability and an experienced PR agency addresses the press management issues.

Our expertise and breadth of skills means that we are uniquely placed to respond to and advise on claims and investigations and offer ongoing compliance services. With unrivalled practical experience in Scotland of litigating data protection cases, our hands-on involvement at the “coal face” of data protection is second to none, making us one of the leading data protection teams in the Scottish, if not the UK, legal market.

Our team has significant experience in dealing with cyber incidents and fraud claims and our longstanding experience in insurance work enables us to deal with high volume work and class actions, seamlessly servicing your needs.

Where a large number of claims or litigations arise from a particular circumstance, we can handle all aspects on a bespoke basis to suit your needs – offering delegated authority and full reporting services as required. BTO always has the right person for the job.

Recent experience includes:         

Ransomware Phishing attacks Data breaches Fines Appeals against ICO monetary penalty and enforcement notices (DPA and PECR) Compensation claims Advising on SARs FOISA requests Payment instruction / diversion frauds

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Construction and Engineering

“ahead of the curve”

BTO’s team is vastly experienced in risk avoidance and dealing with construction claims for clients across the construction and engineering industry, including the renewable energy, real estate, retail and leisure, transport, education, insurance, charities and social housing sectors. We are committed to working in close partnership with you, providing procurement and contract advice and support from project inception through to completion.

Our team is experienced in managing disputes by steering matters away from litigation and towards adjudication and mediation, as appropriate, to suit your needs. However, when disputes do arise, we will guide you through that process, providing informed commercial advice with clear strategic actions to achieve the best solution for you. We draw on our:  substantial experience in acting for some of the UK’s largest insurers in defending professional indemnity claims against construction and engineering professionals and pursuing recoveries for construction and property insurers.  expertise in representing clients in adjudications with the necessary skilful project management and resources to operate within the tight time frame commanded by the process.  ability to act at speed on high value, factually dense and technically demanding construction dispute resolution work.  experience of working in close partnership with our Regulatory and Crisis Management team to meet the demand for “real time” assistance on site issues arising from the Construction (Design and Management) Regulations 2015.

Claims and Complaints "...Responsive and very proactive…” “second to none” No business likes an expression of dissatisfaction from a customer or client, but when dissatisfaction turns into a claim and complaint it can present a major risk. Our Band 1 ranked Professional Liability and Clinical Defence teams can help as we are experts in dealing with claims and complaints of all levels of value and complexity. Our experience enables us to conduct an immediate assessment of your situation and work with you to develop a strategy designed to achieve the most commercial outcome for your business.

We are well versed in all forms of alternative dispute resolution, particularly where one of the priorities is to resolve matters out of the public eye, but, when the situation calls for it, we are robust litigators.

Our teams represent the full spectrum of professionals in a broad range of sectors, including accountants, solicitors, architects, construction professionals, educational institutions, engineers, surveyors, insurance brokers, IFAs, insolvency practitioners, estate agents, photographers and hairdressers. We also represent doctors, dentists, nurses and other healthcare professionals in clinical negligence claims in the Court of Session and Sheriff Courts, Fatal Accident Inquiries and Public Inquiries. We are instructed by many insurance companies to defend clinical negligence claims against practitioners in the private sphere, which covers most surgical specialities, including aesthetic practitioners, and by the three principal defence organisations in the UK. The strength of our team, coupled with our strong relationships with insurers, experts and counsel, enables us to tailor a solution to any type of professional dispute. We also appreciate the particular considerations that arise when dealing with regulators and disciplinary bodies. It is not uncommon for a claim and a complaint to arise from the same issue; we understand the potential interaction between the two and will help your business steer a course to resolution.

We will also guide you on the sensitive and effective handling of the risk management, PR and reputational issues that so often accompany claims and complaints of this nature.

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Key Contacts REGULATORY AND CRISIS MANAGEMENT, ROAD TRAFFIC PROSECUTIONS / FATAL ACCIDENT INQUIRIES Vikki Watt Partner & Solicitor Advocate E: vwa@bto.co.uk T: 0141 221 8012 D: 0141 225 5317 VOLUME AND DELEGATED AUTHORITY PERSONAL INJURY CLAIMS Stephen Bryceland Partner & Solicitor Advocate E: sbr@bto.co.uk T: 0141 221 8012 D: 0141 225 5289

PERSONAL INJURY Catherine Currie Partner & Solicitor Advocate E: ccr@bto.co.uk T: 0141 221 8012 D: 0141 225 5294

PRODUCT LIABILITY Angus Crawford Partner, Qualified Mediator & Triple Qualified in Scotland, England & Northern Ireland E: akc@bto.co.uk T: 0141 221 8012 D: 0141 225 1945

FRAUD Lynne Cardow Partner, Accredited Specialist in Professional Negligence & Certified Specialist in Cyber Security E: lca@bto.co.uk T: 0141 221 8012 D: 0141 225 5318

EMPLOYMENT PRACTICES LIABILITY Caroline Carr Partner & Accredited Specialist in Employment Law E: cac@bto.co.uk T: 0141 221 8012 D: 0141 225 5263

CONSTRUCTION & ENGINEERING DISPUTES Fraser Hopkins Partner & Accredited Specialist in Construction Law E: fho@bto.co.uk T: 0141 221 8012 D: 0141 225 5281

REPUTATION, DATA PROTECTION & CYBER Paul Motion Partner & Solicitor Advocate Accredited Specialist in FOI & Data Protection Law E: prm@bto.co.uk T: 0131 222 2939 D: 0131 222 2932

CLAIMS & COMPLAINTS Alan Eadie Partner & Qualified Mediator E: awe@bto.co.uk T: 0141 221 8012 D: 0141 225 5281

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BTO Solicitors LLP 48 St. Vincent Street Glasgow G2 5HS One Edinburgh Quay Edinburgh EH3 9QG Twitter: @btosolicitors

www.bto.co.uk

Brilliance... driving business resilience