Graeme MacLeod

Partner, CMS

Graeme is a partner in the Disputes Team at CMS in Edinburgh, which is recognised as a market leader in Scotland. He specialises in commercial litigation and professional negligence claims, and advises banks, corporates, public bodies, professional firms and insurers about a variety of disputes across both fields.

A lawyer with the firm since 2002, Graeme acts for clients in high value commercial disputes in Scotland's Supreme Court, Court of Session and Sheriff Courts, as well as in alternative dispute resolution processes such as mediation and arbitration. He is well regarded for his expertise in banking, regulatory, commercial contract and fraud-related matters, and for his knowledge of insolvency litigation. His wide-ranging practice encompasses claims ranging from judicial review of regulatory bodies to intellectual property infringement and from international asset recovery to defamation. He has a particular interest in class actions and defended one of the leading class actions to be brought in Scotland under new group procedures.

His work in the professional indemnity sphere involves the defence of claims for professionals and their insurers. He is particularly recognised for his expertise in claims against solicitors and advocates.

Contributed to

3

Group procedure in Scottish civil litigation—authorisation and permission

Practice notes

This Practice Note introduces group procedure in Scottish civil litigation and considers the initial applications that require to be approved by the court before group proceedings (class actions) may be brought: the application to authorise the proposed representative and the application for permission to bring group proceedings. It also provides a brief overview of the origin of group procedure in Scotland and the statutory framework.

Dispute Resolution

Group procedure in Scottish civil litigation—procedure after permission granted

Practice notes

This Practice Note considers how Scottish group proceedings (class actions) will be dealt with after permission has been granted. It examines the permission order issued by the court, the date of commencement of group proceedings and the processes for joining and withdrawing from the group. It then examines how defended group proceedings are dealt with in terms of case management, disposal, appeals and settlement.

Dispute Resolution

Witness statements in Scottish civil litigation

Practice notes

This practice note discusses the use of witness statements for witnesses to fact in the Scottish courts with reference to relevant rules, guidance and case law. It covers the use and admissibility of witness statements in Scottish civil litigation, the use of commercial court guidance on witness statement as best practice, the purpose and content of witness statement, practical tips for taking a witness statement and for the format of statements. The practice note also flags issues and practice around privilege, the timing and exchange of witness statements, objections to witness statements and how oral evidence is handled when a witness has already provided a statement. It also touches on the consequences of making a false statement.

Dispute Resolution