The Insurance Law Specialists in Scotland

Brilliance ...driving business resilience

“They are approachable and pragmatic, and are technically some of the best lawyers I have come across.”

“bright, enthusiastic and exceptional at finding solutions at an early stage.”

[BTO’s insurance clients]

The facts

"always willing to innovate"

insurance defence team within a Scottish independent law firm

Band 1 team rankings in UK legal directories 13 in-house solicitor advocates 40% BTO is a panel firm for 40% of the top ten rated UK insurers and is instructed by 40% of the top twenty rated UK insurers 100% specialist insurance teams

of BTO’s insurance business is Scottish 100% insurance client retention rate

ranked insurance specialists in Chambers UK

Largest

6

96%

13

Welcome to BTO’s Insurance Group

Scotland’s largest insurance team - we will deliver the best outcomes for you.

Our team has the broadest range of specialist insurance-based legal skills in Scotland and is instructed by major UK and international insurers and agents to provide expert claims and litigation management, dispute resolution services and regulatory advice.

Lateral thinking in tackling case management and innovative feeing arrangements have contributed to BTO’s strength in the Scottish market. Having streamlined our insurance team structure and developed numerous niche teams to meet the sector's evolving needs, we are an agile player in the insurance market, frequently dealing with cross border issues and cases involving multi-jurisdictional and multi-million pound claims.

Unique to our dedicated insurance team of over 70 enthusiastic professionals is the broadest range of legal insurance expertise in Scotland. Each team member focuses 100% on their own specialist practice area, ensuring the right ‘fit' and optimum outcome for every case.

Your BTO team will be carefully selected to provide the right blend of skills and synergy to meet your business needs. We see ourselves as an extension of your claims team and we will adapt our approach and reporting methods to suit your requirements.

An unrivalled knowledge of the Scottish market, and a core understanding of how claims function in Scotland, means that we can offer you genuine local expertise and value. We are also a full service law firm providing you with access to a one-stop shop for legal services.

"Commercially aware" and “client focused”, we use our pragmatism, experience and collaborative approach to achieve successful results for our clients.

Mission: To maintain our market leading position in Scotland in insurance law.

We have a leading solicitor advocacy team and are ranked BAND 1 for:

 Clinical Negligence (mainly defendant): (Chambers UK)

 Crime: (Chambers UK)

 Health & Safety: (The Legal 500)

 Insurance: (Chambers UK)

 Personal Injury (defender): (The Legal 500)

 Professional Discipline: (Chambers UK)

“combine technical mastery with commercial realism.”

“consistency, transparency and communication throughout all levels.” [BTO’s insurance clients]

Spotlight on insurance specialisms

“BTO’s expertise in insurance specific matters is unrivalled.”

Advocacy

Civil Criminal

Alternative Dispute Resolution

Casualty Abuse

Catastrophic injury

Disease

EL & PL

Fraud

Periodical Payment Orders (PPOs)

Retail

Stress Travel

Claims Management

Clinical Defence

Clinical negligence

Clinical trial claims

Disciplinary

FAIS

Misconduct

Professional Regulation

Corporate Crime / Health & Safety

Directors’ & Officers’ Liability

Fatal Accident Inquiries

Fraud

Health & Safety Prosecutions

Proceeds of Crime

Regulatory

Cyber Security

Breach response

Data protection and GDPR

Reputational

Delegated Claims

Marine, Energy & Ports

Disputes and non-contentious

Oil & Gas

Motor/Auto

Credit hire

Fraud

Property damage

Prosecutions

RTA

Vehicle damage

Policy Coverage Advice

Professional Indemnity

Employment Practices Liability

Engineering

Financial/legal/building/property services

Payment Fraud

Property & Commercial Risks

Agriculture

Animals

Buildings and contents

Business interruption

Commercial litigation

Construction and engineering

Environmental

Food and drink

Fraud

Goods in transit

IT/IP

Plant

Product liability

Property damage

Recoveries

Debt

Deductibles

Motor Property

Involvement in notable cases

"solution driven" “first rate service”

Our vast experience of working with insurance brands such as American International Group UK Limited, NFU Mutual, RSA Group, and many other leading insurers and Lloyd’s syndicates, gives us an acute understanding of the challenges you face. Our work includes:

 UK Infected Blood Inquiry (UK wide) - Ongoing: Acting for a number of clinicians in the inquiry relating to the infection of blood products by Hepatitis A, B and C, HIV and vCJD in the period from 1970 onwards.

 The Penrose Inquiry (contaminated blood products – Hepatitis and HIV) – The Scottish precursor to the UK Infected Blood Inquiry.

 Scottish Hospitals Inquiry 2020 - Ongoing: a core participants in the ongoing inquiry into the construction and commissioning of the Queen Elizabeth University Hospital (Glasgow), and the Royal Hospital for Children and Young People and Department of Clinical Neurosciences (Edinburgh), dealing with issues relating to the adequacy of ventilation, water contamination, infection control measures and other matters affecting the buildings and their impact on patient safety and care. Separately, advising a number of clinicians who are to be called to give evidence to this Inquiry.

 Scottish Child Abuse Inquiry (Edinburgh) - Ongoing: Previously instructed on behalf of two former Scottish MSPs involved in developing policy around the issue of historic and current abuse of looked-after children. We are now instructed for a psychiatrist who will give evidence about their work in the 1970s in dealing with alleged abusers.

 Cyber – Payment Fraud, 2021 – Ongoing: Acting for a firm of solicitors and their insurers in a claim by a former client for a significant six figure loss following the client paying funds to fraudsters after acting on an email containing bank details received purportedly from the firm, but in fact from a third party unknown fraudster pretending to be the solicitor.

 HMA v Enviraz (Scotland) Limited (2021): Acting for a company in a Health and Safety prosecution following a gas explosion which fatally injured one employee and caused significant life changing injuries to another. The company plead guilty to a breach of the Health and Safety at Work Act 1974, BTO persuading the Crown not to proceed with a corporate homicide charge, and not to prosecute a director and senior manager.

Notable cases...

 A v XY Ltd 2021 CSOH 21: The first reported decision of any Scottish court on the application of the “substantial prejudice” statutory defence in historic abuse cases.

 Cameron v Swan & Ors [2020] CSOH 20: Advising in a reported road accident case where we succeeded with a defence challenging the conspicuity of a person lying on a city road during hours of darkness.

 Vipond Fire Protection Limited v SPP Pumps Limited [2020] SC LIV 20: Acting for the defender in action for relief under the Law Reform (Misc. Provisions) (Scotland) Act 1940. This case concerned the design, manufacture and installation of a complex industrial fire safety system. The pursuer's case based upon design duties was dismissed at debate owing to the operation of time-bar and a want of fair notice.

 Wayne Gardner Young v Royal and Sun Alliance Insurance PLC [2019] CSOH 32: Successfully defending our insurer clients in this case where the court was considering, for the first time, how to apply the law on waiver by limited questions under the Insurance Act 2015. Our success was maintained at appeal [2020] CSIH 25.

 Midlothian Council v Blyth & Blyth & Ors [2019] CSOH 29: Acting for a defender who successfully argued that the pursuer’s knowledge of expenditure (even although the pursuer didn’t know at the time that that expenditure would turn out to be wasted) was sufficient knowledge of loss to trigger the start of the 5 year prescriptive period, with the result that the pursuer’s case was held to be time barred.

 Gladys Miller v FIMM Potatoes Ltd (unreported) Lord Brailsford (Outer House) 25 July 2019: The first judicial consideration of whether a delay in lodging surveillance evidence can allow a Pursuer to avoid adverse costs order when accepting a Tender.

 Road Traffic Cases: HMA v Kennedy (2019): Successfully defending a young man accused of causing the death of a teenage girl by dangerous driving, the jury convicting him of death by careless driving - a charge to which we had offered to plead guilty from the outset. The client avoided a lengthy jail sentence as a result.

 Agro Invest Overseas Limited v Stewart Milne Group Limited and Others [2018]

CSOH 120: Acting in a complex case relating to prescription of construction claims.

 HMA v M&D Leisure Ltd (2018): Representing the owners of a theme park when a rollercoaster car de-railed.

 McKenzie v Asda and DHL (2018): Acting in a case involving contributory negligence in a motor accident causing environmental damage.

 Jim Clark Rally FAI (2017): Representing the Director of the company at the first joint fatal accident inquiry involving multiple motorsports deaths.

 Huntaven Properties Ltd v Hunter Construction (Aberdeen) Ltd and Others [2017]

CSOH 57: Successfully defending a firm of civil engineers on the basis the claim had prescribed and was out of time. Significant expenses were awarded in favour of our clients. This was one of a number of important decisions in the development of the law of prescription in Scotland over recent years.

 Esso Petroleum Company Limited v Scottish Ministers And Others [2016] CSOH 15: A case arising out of the construction of the M74 completion in Glasgow from 2008 to 2011 and relating to the complex issue of liability of landowners for work done on their land which is inherently hazardous.

 Dealing with the investigation into the outbreak of E.coli O157:H7 on behalf of the manufacturers of Dunsyre Blue Cheese.

What sets BTO apart?

Excellent value

 Competitive hourly rates.

 One of largest groups of in-house Solicitor Advocates in Scotland consisting of civil and criminal solicitor advocates. Only charge you for what’s “on the clock” on a transparent and predictable basis.

100% specialism within our insurance team

 Each member is 100% focused on their own practice area.

 More ranked insurance specialists than our competitors in Scotland.

 The right person will deal with each case, managed by a client care partner.

Protecting your interests at all times

 Clear and comprehensive legal claims strategy developed from day onemitigating cost and risk of reputational damage.

 Value for money - we expertly manage your indemnity and cost spend whilst protecting your customer relationships.

 Minimised leakage - experienced in identifying leakage opportunities, we will educate you in maximising your potential for making recoveries.

 Robust processes employed to improve our success rates. For example, regular analysis of our KPIs, service standards and bespoke management information (MI).

Innovation in the way we do business to achieve client satisfaction and cost savings:

 Lateral thinking in tackling case settlement.

 Innovative feeing arrangements and provision of MI.

 No win no fee delegated authority scheme for motor and property recoveries.