Greg called to the Bar in 2001 after 15 years as a solicitor. This experience gave him an excellent understanding of the needs of both solicitors and clients. He is user-friendly, dynamic and commercially minded.
Greg now has an exclusively civil practice covering the fields of commercial, insurance, contentious property, executries, professional negligence and personal injury. Additionally, he has used his interest and expertise in both the technical and legal aspects of transport/vehicle matters to represent clients before the Traffic Commissioner.
Greg has particular recent experience in dealing with insurance matters including the interpretation of insurance contracts and property damage (flooding, fire, subsidence and structural). He is currently involved in a number of high value property damage claims. Greg is ranked in the Legal 500 2016 for commercial litigation and property, construction and agriculture and they comment that Greg is “Knowledgeable about a broad cross-section of commercial contractual issues” and “His contentious property work includes property damage claims”. Greg also has recognised knowledge in legionella cases having been asked to deliver talks on the legal issues in such cases (personal injury and property).
Cases in which Greg has appeared include:
- MRK 1 Ltd v Sakur  CSOH 176; 2009 GWD 2-26 – Warrants for diligence on the dependence under the Debtors (Scotland) Act 1987, section 15k (attempt to secure protective property orders in respect of failure by purchasers to implement missives).
- Clegg v Rogerson 2008 SLT 345 – Inner House decision dealing with issues of duties of care owed by operators and users of railway level crossing (accident on railway crossing).
- Stewart v Malik 2009 SC 265 – Inner House decision on liability of an employer for the actings of an independent contractor carrying out inherently hazardous operations (contractors instructed to demolish wall in property).
- Morris Amusements Ltd v Glasgow City Council 2009 SLT 697 – Liability of local authority employer for work of independent contractor and whether the works were “inherently hazardous” (demolition of wall in a building).
- Greig v Middleton 2009 GWD 22-365 – Heritable action (servitudes, issues of prescription and possession).
- Creelman v Argyll & Bute Council 2009 SLT (Sh Ct) 165 – Application of Land Reform (Scotland) Act 2003, sections 6(1) and 7(5) (one of the first reported cases on “right to roam” legislation and a challenge to Notices in terms of the 2003 Act).
- O’Carroll v Ryanair 2009 SCLR 125 – Interpretation and application of the Montreal Convention on air travel (related to stress and inconvenience claim arising from delayed baggage).
- Albert Bartlett & Sons (Airdrie) Ltd v Gilchrist & Lynn Ltd  CSOH 125 – Breach of Contract/Measure of Damages in construction contract (defective roof on commercial premises).
- Kodak Processing Companies Ltd v Shoredale Ltd 2010 SC 113 – Inner House decision on service of notice of irritancy by recorded delivery post – Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section 4(4) (irritancy notices served by Sheriff Officers whereas Act prescribed service by recorded delivery post).
- Lorimer Homes Pittodrie Ltd v Greig 2011 G.W.D 33-697 – Sheriff Court decision on authority of solicitors, as agents, to conclude missives when it was argued that the solicitors did not have any authority to do so.
- United Central Bakeries Limited-v-Spooner Industries Limited and Forbo Siegling (UK) Limited (2013) CSOH 150. Junior Counsel for defender in complex case arising from a fire in a (naan bread) bakery. Legal issues included consideration/incorporation of Orgalime conditions, incorporation of contract terms, Sale of Goods Act 1979, Negligent design, negligent misrepresentation.
- Humphreys-v-Crabbe  CSIH82. Acted for the pursuer and respondent. The Inner House refused the defender’s appeal in a dispute relating to the rights and liabilities of proprietors for the cost of common repairs to a flatted villa.
- Liquidators of Grampian Maclennan’s Distribution Services Limited-v-Carnbroe Estates Limited  CSOH8. Acted for defender in unsuccessful challenge by pursuer to a property purchase transaction as being a gratuitous alienation in terms of section 242(4) of the Insolvency Act 1986.
- Woolley-v-Akram  SC EDIN 7. Landmark decision on Data Protection Act 1998 and the quantification of damages for distress suffered for DPA breached.
- MP Burk Transport Ltd-v-Charles Scott & Partners LLP  CSOH67; 2017 G.W.D. 14-214. Acted for successful pursuer in a preliminary proof to determine the scope of an engineer’s instructions in respect of a structural survey of premises.
- Joint Liquidators of Grampian Maclennans Distribution Services Limited v Carnbroe Estate Limited  CSIH7. Lord Davidson of Glen Clova QC and Greg represented the defenders and respondents in this Reclaiming motion (Greg having appeared as Junior alone at the Proof). In allowing the Reclaiming motion the court has provided further guidance and commentary on section 242 of the Insolvency Act 1986, what constitutes “adequate consideration” and the competing claims of “solvency” and “liquidity” when a company is in difficulties.
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Email: Greg Sanders