Greg called to the Bar in 2001 after a career in private practice.; latterly as a partner in a Firm. He has an excellent understanding of the practical issues faced by both solicitors and clients. He is user-friendly, commercially minded. In his family business, sourcing and selling wines, he puts to good effect his knowledge of licensing law to compliment his WSET 1 and WSET2 industry qualifications.
Greg’s civil practice covers the fields of commercial, property, licensing/regulatory and personal injury. He has utilised his Diploma in Forensic Medicine to appear in many Fatal Accident Inquiries.
Cases in which Greg has appeared include:
- MRK 1 Ltd v Sakur [2008] 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 acting 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 [2009] 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.
- Ben-Arous v Mediouni [2015] CSOH 124. Concerned importance of candour when applying for pre-service diligence; Debtor (Scotland) Act 1987 s.15k.
- Humphreys v Crabbe [2016] 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 [2017] 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 [2017] 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 [2017] 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 [2018] 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.
- Barr v Cassels [2018] CSOH 79. Defended pursuer’s action seeking (i) reduction of a disposition of land on the ground of breach of fiduciary duty on the part of the defender, (ii) interdict preventing the defender from selling the land, and (iii) payment of £187,500 in lieu of reduction.
- Khan v Saddique [2018] CSOH 41. Acted for pursuer in action of reduction of a forged Disposition.
- McWillams v Russell [2018] SAC (Civ) 9. Acted for pursuer and respondent in defender’s appeal against the imposition of perpetual interdicts and non-harassment orders prohibiting him from continuing to harass and abuse the headteacher of a primary school.
- James Michael Shanley v Clydesdale Bank PLC [2019] CSOH 75 .Acted for Pursuer in relation to his claim in respect of losses allegedly sustained in respect of a bridging loan and the Banks’s breach of MCOB banking code. First case in Scotland concerning MCOB code.
- Isabella Jeffrey v Lorna Brown & Ors (DNF-A5-20). Successfully resisted attempt to reduce a Will where elderly man had made Will in favour of cohabitant. Case covered evidential value of medical records and good practice by a Solicitor who specialised in dealing with adults with incapacity.
- Toal v Keeper of the Registers of Scotland [2022] 5 WLUK 605. Acted for heritable proprietor in Appeal under Land Registration etc. (Scotland) Act 2012 s.103; appeal against decision of the Keeper purportedly rectifying an inaccuracy in the Register.
Greg, as a contributing editor of the Reparation Bulletin, has written the following:
- Res ipsa coach tour Rep. B. 2020, 153, 7-8.
- “It stinks”-Rep. B. 2020,157, 3-5.
- “Tragic dive”-Rep. B. 2022, 166, 5-7.
- “Debate or Proof before answer?” Rep. B 2021, 158-5-6.
Mobile: 07710 029595
Email: Greg Sanders
