Our Advocates

Professional Information:

Devil Masters: Ralph A. Smith QC; Ian M. Duguid QC; Alan R. Dewar QC
Qualifications: M.A. University of St. Andrews; LL.B University of Aberdeen; Dip. L.P. University of Aberdeen

Biography:

William Frain-Bell has a wide range of advocacy experience in courts and tribunals at every level throughout the UK. He has also worked extensively in the field of international commercial dispute resolution. He is a practising member of the Bar of England & Wales.

Membership:

Agricultural Law Association

Trading Standards Association

Faculty of Advocates Planning Law Group

Trust Bar Group

LCIA Young International Arbitration Practitioners Group

Appointments:

Associate Tenant at Outer Temple Chambers

• Represented clients in an appeal to the Inner House for the freeing of assets subject to a freezing order under the Proceeds of Crime Act.
• Representing the respondent in a recovery action brought by the Scottish Ministers for the confiscation of the respondent’s assets.
• Acted for a spouse in an action brought by the Scottish Ministers to confiscate her heritable assets following the conviction of her husband for mortgage fraud.
• Represented a leading Russian industrialist in the Inner House in an appeal brought by the Secretary of State against a decision to allow his claim for political asylum in the UK.
• Advised a fish buying company as to the application of EU regulations applicable to fish buyers in Scotland.
• Represented a local authority in an action to establish their rights and duties regarding the use of ASBOs within the authority area.

• Represented a tenant in an appeal before the Inner House involving the true identity of the tenant in a dispute with the landlord.
• Represented a sheep farmer in a subsidy appeal in the Land Court against the refusal of the Scottish Ministers to pay SAPS.
• Represented a farmer in a proof involving a disputed arrangement to share the Single Farm Payment on an apportioned basis with a neighbouring farm.
• Advised a tenant in respect of issues relating to the succession of the family tenancy of a farm managed by a partnership but in the names of joint tenants.
• Advised a tenant in respect of the validity of Notices to Quit served on behalf of the landlord.
• Advised landowner in respect of compensation payments for land identified as a Site of Specific Scientific Interest.

• Acted for a developer in an interdict action to prevent an adjudication from proceeding on the grounds that it amounted to a breach of natural justice.
• Acted for the main sub-contractor in an adjudication against the main contractor in an offshore wind turbine development. Drafted grounds of referral and prepared case for adjudication hearing.
• Advised Managing Director of a national house building company in case involving the judicial review of an arbiter’s decision on the grounds that there had been a misleading presentation of the evidence by the respondent during the hearing.
• Acted in an adjudication involving the design and manufacture of drilling equipment for an offshore installation by a German manufacturer.
• Involved in a US$250m arbitration in Dubai involving the investment of a VC fund in a Dubai based company. The dispute involved parties from the UAE, Pakistan and the Cayman Islands.
• Involved in a dispute in the Indian sub-continent involving a production sharing contract (PSC) between an Oil Major and a Government oil company. The dispute concerned cost recovery mechanisms within the PSC and was retained as advocate for the ICSID arbitration in Washington D.C.
• Involved in advising on the provision of arbitration services in Tajikistan.
• Involved in advising state officials in a US$500m arbitration in Switzerland involving the return of expropriated central bank funds to an African sovereign state.

• Acted for the defender in Court of Session action involving a dispute concerning the ownership and management of a hotel complex in Indonesia.
• Acted for the guarantor in a High Court action where it was alleged that the lender had failed to ensure that the guarantor, a Korean national, was aware of what was being signed. Guarantee involved security over £1m worth of classic cars.
• Represented the owner of a national chain of car parks in a dispute over the payment of a debt.
• Acted for the seller in a Court of Session action raised by the purchaser for the disposition to be reduced on the basis that that the seller was aware in advance of the sale that the property was due to be condemned as unfit for habitation.
• Acting for national retail chain in an action against a steel fabricator for contested liquidated damages.
• Represented the agent in a County Court action concerning the payment of commission following the sale of a hotel by the owner to a third party - after the termination of the period of agency – who was introduced by the agent during the period of agency.
• Represented mortgage broker in an action involving claims of the mis-selling of pension policies by a former employee.
• Acted for purchaser in a Court of Session action for implement and damages following the failure of the defender to convey a baronial title.
• Junior Counsel to Gerry Moynihan QC in a lengthy Court of Session proof involving an alleged infringement of the patent of an industrial net making machine.
• Advised a collector of stuffed birds upon the regulations and requirements for importing one of the world’s largest collection of stuffed birds into the UK.
• Acted for the defender in a Court of Session action brought by a Casino operator for the payment of gambling debts incurred by a third party, allegedly with the defender’s acquiescence.
• Representing the pursuer in a sheriff court action for the payment by a former joint venture partner of monies due under the development contract.
• Acted for the manager of a sunbed chain in an action for damages brought by her former employers following the disappearance of takings from a number of automated self-tanning machines.

• Advised local authority upon the application of consumer legislation to builders’ missives and deeds of conditions.
• Involved in the education of Training Standards Officers as regards enforcement actions against illegal traders in terms of the Enterprise Act 2002.

• Represented a senior executive in a FTSE 250 company claiming US$2,500,000 USD of unpaid bonus.
• Represented coffee plant manager against employer on a wasted costs order (he had initially represented himself) before the ET. Thereafter successfully had decision of ET upheld in his favour by the EAT.
• Represented a landlord against a brewery seeking to terminate his employment on the grounds of unsuitability following police investigation into under aged drinking.
• Represented an employee of a major supermarket chain in an unfair dismissal matter and discrimination case.
• Represented a leading UK freight company against claims of unfair dismissal, which was brought by a distribution site manager.
• Advised share holder and employee in family business on unfair salary payment mechanisms.

• Represented husband in an action to establish whether his spouse was habitually resident in the UK when she raised a sheriff court action against him.
• Represented the mother at a freeing for adoption proof following her refusal to consent to the freeing for adoption of her daughter.
• Represented the father at a referral proof following allegations of sexual abuse involving members of his family.
• Advised the mother in an action involving an infringement of her data protection rights involving a confidential psychiatric report.
• Advised client on cross-border issues regarding the adjustment of maintenance orders.
• Acted for the mother in an interdict action to prevent the father removing a child who was the subject of a contact order.

• Drafted Occupancy Agreement for one of Scotland’s largest housing associations and advised on issues relating to eviction of occupants.
• Represented former tenants at an appeal before the sheriff principal against a decision by the sheriff to allow an eviction order.
• Acted for a wife in an action for interdict against a local authority decision to evict both she and her husband, who was the tenant, from their home.
• Acted for a tenant in an interdict action to prevent eviction from temporary accommodation following the loss of tied accommodation linked to the tenant’s employment.
• Acted for a tenant in an action of forfeiture of tenancy following allegations by the local authority that she had abandoned her property.
• Acted for a tenant in appeal to the sheriff principal following decision to evict her from her home in her absence.

• Acted for a company director following the liquidation of a development company. Basis of the liquidation being falsely manufactured loan documents, which the petitioning creditor had argued had not been honoured.
• Acted for a company director in an action involving the status post liquidation of assignation of directors’ loan accounts to a third party prior to liquidation of the company.
• Advised the partner of a bankrupt who sought to prevent a Permanent Trustee from becoming infeft in the share of a property he had jointly owned with the bankrupt, where the other half share had been disponed to him by the bankrupt prior to her sequestration.
• Acted for the former Managing Director of a leading Aberdeen based oil services firm in seeking to establish that £1m of equipment was not the property of his former company and should not therefore be placed under the control of the liquidator.
• Represented the CEO of a global telecoms provider in a Court of Session action against a liquidator seeing to enforce the contents of a guarantee signed by the CEO. The defence being that the guarantee was given on certain conditions thereafter breached.
• Junior Counsel to Richard Keen QC in an appeal before the Inner House seeking to argue that the decision of a sheriff to liquidate a holding company was wrong in law.
• Advised former bankrupt as regards issues relating to valuation of previously unknown heritable assets following her discharge from sequestration.
• Has drafted and presented several petitions for recall of sequestration in the Court of Session.

• Represented a medical professional in an action following a TV documentary which falsely branded her as a liar following a whistleblowing disclosure relating to the deliberate manipulation of hospital waiting lists.
• Advised playwright following his dismissal from the role of production director following defamatory allegations of the physical intimidation of board of trustees of theatre.
• Advised Bermudan company following allegations made by a competitor in connection with the pirated manufacture of music and film for the European market.
• Acted for fire safety equipment manufacture following published claims made by a competitor that there was a high level of customer dissatisfaction in the market place with the rival’s level of service.
• Acted in an interdict action for a local authority in an attempt to shut down a website containing defamatory material concerning the director of housing.
• Acted for a doctor wrongly expelled from his NHS Trust management board following false allegations concerning misuse of funds.
• Acted for a firm of solicitors following defamatory allegations made about the partners’ handling of a case by a former trainee solicitor of the firm.
• Advised a leading chorister following false allegations of sexual infidelity made by a disgruntled member of the choir.

• Acted for the developer at a full public inquiry involving the construction of a wind turbine development.
• Acted for a developer in an interdict action to prevent the sale of land which was the subject of an option to purchase in favour of the developer.
• Acted for a tenant in a dispute regarding the validity of the service of a rent review notice.
• Represented the pursuer in an interdict action to prevent the development of an adjoining property, which conflicted with the deeds of conditions of both properties and infringed upon the pursuer’s foundations.
• Acted for the defender in an action of encroachment and breach of rights in terms of a steading development.
• Acting for the tenant in an action to compel the landlord to adhere to an option to purchase of a commercial property. Dispute centre’s upon the description of the subjects and whether the condition to purchase is inter naturalia of the lease.#
• Acting for a developer in a ransom strip action concerning access to the development. Dispute involves issues regarding the description of the subjects and whether they are habile to the land owned by the developer.
• Represented purchaser of a development site in a sheriff court action brought by the seller for reconveyance of the subjects following an alleged breach by the purchaser of the missives.

• Acted for an independent midwife in disciplinary hearing brought against her by her professional body, the NMC.
• Acted for a firm of financial advisers in action brought against them following allegations of the mis-selling of financial products by a former consultant.
• Acted for a landowner in an action involving negligence on the part of his former solicitors regarding the purchase of heritable property.
• Acted for member of the Faculty of Advocates in action for damages brought against him and others, following the collapse of a Court of Session action for breach of contract in a different matter.

• Drafted summonses and acted for the Executors in two separate actions for proving the tenor of principal wills which were lost in the post.
• Acted for the Executor in two actions for the removal of a trustee.
• Acted for the creditor in an action of adjudication following non-payment of a debt.
• Acted for the beneficiary in an action for the appointment of a judicial factor to the estates of a deceased and to the assets of a farming partnership.