Scott graduated from Oriel College, Oxford with a good first class degree, before joining chambers in 2000. Since that time Scott has found time to continue his academic interest in the law by contributing to two books and lecturing on insurance, chancery and commercial law topics.
Scott is routinely instructed in all core areas of chambers work including professional liability claims involving solicitors, barristers, accountants/auditors, surveyors/valuers (including rights to light surveyors), insurance brokers, Independent Financial Advisers, and administrative receivers, acting for Claimants as well as Defendants. The current economic climate has seen Scott develop a particular specialism in claims involving administrative receivers (e.g. Bell v Long & PKF [2008] EWHC 1273 Ch, [2008] 2 BCLC 706, [2008] BPIR 1211; [2008] 25 EG 172 (C.S.):, as well as in claims brought by lenders against solicitors and surveyors.
In addition to professional indemnity work, Scott is instructed in more general insurance claims, advising and appearing in numerous insurance disputes including policy wording/coverage disputes and fraudulent insurance claims. Scott is also instructed in Disciplinary Tribunal proceedings, advising or appearing in proceedings involving the Accountant’s Joint Disciplinary Scheme, the Council of Licensed Conveyancers Disciplinary Committee and the Chartered Institute of Public Finance and Accountancy. Scott was particular pleased in February 2009 to be able to combine his work with his love of all things involving sport, and to successfully represent the Motor Sports Association in Motor Sports Council Investigatory Tribunal proceedings against Mitsubishi Motors UK.
Scott advises and appears in construction disputes (including Party Wall Act proceedings), appearing frequently in the Technology and Construction Court in construction litigation, as well as advising and appearing in arbitration and adjudication of construction disputes.
Scott also has a considerable Chancery-based practice involving partnership disputes, international trust disputes (Cayman Islands), declarations of beneficial interest in property, general banking and mortgage work, and applications under the Trusts of Land and Appointment of Trustees Act 1996.
At least half of Scott’s practice is however general commercial litigation, with a particular focus on telecommunications and information technology disputes. Scott frequently appears for telecommunications providers, and is presently involved in a multi-million pound recovery action involving a wavelength capacity agreement and indefeasible rights of use. Scott has undertaken some energy work, and appeared successfully in a major commercial court trial (Dalkia v Cetech [2006] 1 Lloyd’s Rep 599) involving a complex contractual dispute in relation to an electricity generating turbine, the issues involving: the interpretation of ‘material breach’ provisions, the evidence required to rectify a contract, the application of the rule against penalties to accelerated payment clauses, the effect of wrongful repudiation and the scope of the court’s power to remedy an ‘obvious mistake’ within the drafting of a contract. More esoteric subject matter of Scott’s commercial work has been: the interpretation and effect of a staged contract for the provision of landfill materials; the interpretation and effect of truck drivers franchise agreements; the interpretation and effect of ‘discretionary’ bonus clauses in banker’s remuneration packages; and the interpretation and effect of a computer game marketing distribution and sale agreement. Scott is also instructed in relation to disputes involving allegations of international fraud (Belize). Scott is regularly instructed to appear in the Commercial Court and in commercial arbitrations.
An inevitable part of Scott’s work is dealing with litigants in person, and he has developed a reputation as being able to deal with difficult litigants with the minimum of fuss and disruption, and to have unmeritorious cases struck out with quickly, efficiently and economically. Scott has successfully obtained Civil Restraint Orders against numerous vexatious litigants.
Scott’s commercial work has seen him advise on pre-action and third-party disclosure applications, and successfully obtain orders pursuant to the Norwich Pharmacal jurisdiction against third parties.
Scott is committed to providing practical, commercially sound advice and advocacy of the highest quality, alongside an approachable and client-friendly service.
