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Nick Holroyd

Nick Holroyd

 
Professional Information:

Year of Call:  1992
Devil Masters: The Hon. Lord Bannatyne, Marion Caldwell QC, Mark Stewart QC

Qualifications: LL.B, BCL (Oxon.), T.E.P., FSA Scot


 

Biography: 

After Edinburgh University (where he won the Thow Scholarship), Nick went up to Oxford (Christ Church). He returned to Edinburgh and undertook a traineeship at Dundas & Wilson, C.S. He then became an Advocate. 

Nick's practice is now predominantly civil. 

His main interests are Wills, Trusts and Executories. Details of his experience in these fields are given below.  

Nick is a member of the Scottish Committee of the Society of Trust and Estate Practitioners ("STEP"). 

Nick's interests in trust law have taken him a variety of other areas, including: partnerships; "quasi partnerships"; directors' duties & disqualification; and 459 Petitions (now s. 994 of the Companies Act 2006). 

He has experience of pensions, including those constituted by trust deed and rules, and those predicated on statutory schemes including an NHS Scheme and a Local Government Scheme. He appeared in an appeal from the Pensions Ombudsman to the Inner House: Secretary of State for Scotland v. Turner 2003 S.C. 525. He has also undertaken a judicial review concerned with War Widows pension. Nick contributed to Tolley's Pension Dispute Procedure & Remedies (2002). 

He has been involved in a matter involving a "Staff Fund". 

Nick has also had a role in a demutualisation. 

In relation to liquidation and bankruptcy it is to be noted that Nick has appeared in a wide variety of cases: Liquidator of Taysquare Properties Ltd. 2005 SLT 959 (judicial examination of company officers); Hyndman v. Readman 2004 SLT 959 (1st Div.) (remuneration of liquidator); Ritchie v. Dickie 1999 S.C. 593 (personal bankruptcy of executor-dative); & Smith Petitioner 1999 SLT (Sh. Ct.) 5 (incompetence of seeking provisional liquidator on Scottish limited partnership etc.).  

Nick envisages that with legislative changes and the downturn in the economy, insolvency may again become a substantial feature of his professional practice.  He is about to give a talk on judicial examination of Company Officers.

Nick has been involved in employment law disputes and is a member of the Committee of the Faculty's Employment Law Group. He has acted for employees and employers.

He advised in relation to various matters including: dismissal for alleged dishonesty; constructive dismissal; an "old style" TUPE dispute; and also in relation to an employment tribunal matter involving claims both under the Working Time Directive and minimum pay legislation. 

He has also taken part in a wide variety of appeals to Sheriffs Principal and appeals to and reclaiming motions in the Inner House: see List of Cases below. 

The highlight of his career to date was appearing as Junior Counsel in the House of Lords in Moncrieff v Jamieson [2007] UKHL 42; 2008 S.C. (HL) 1.  The case was concerned with servitudes and, in particular, whether an express servitude of access carried an ancillary right to park.  

Wills, Trusts and Executories 

Listed below are some of the areas where Nick has practised. The list is not exhaustive.  

  • Ademption
  • Adoption
  • Adults With Incapacity
  • Alimentary liferents
  • Appointment of Trustees
  • Apportionment between Income and Capital
  • Bankruptcy of estates
  • Bankruptcy of executors
  • Bonds of caution
  • Breach of trust
  • Capacity, facility & circumvention, & Undue influence
  • Caution
  • Contingent and Conditional Wills
  • Contractual claims against estates
  • Conflict of laws / Private International Law
  • Contractual claims against estate
  • Count reckoning and payment
  • "Death benefits"
  • Disappointed beneficiaries
  • Endowment policies 
  • Executors-dative
  • Executors-nominate
  • Facility and Circumvention
  • Forfeiture
  • Insolvent estates
  • Interpretation
  • Holmes v. Bank of Scotland type claims
  • Illegitimacy interest
  • Intestacy
  • Judicial factors
  • Lapsed trusts
  • Legal rights
  • Life assurance & trusts related thereto
  • Legitimation
  • Multiplepoinding
  • Partnership & issues arising form death of partner
  • Partnership assets  
  • Personal liability of executors
  • Petitions for Directions e.g. Lloyd's names.
  • Powers of Advancement
  • Powers of Attorney
  • POwers to sell heritage
  • Prior rights
  • Professional negligence claims against those undertaking to make Wills
  • Promissory claims against estate
  • Private International Law / Conflict of Laws
  • Professional misconduct related to solicitors involved in executory matters, including acting in an appeals to the Inner House from the Scottish Solicitors Discipline Tribunal
  • Removal of executors
  • Removal of Trustees
  • Requirements of writing
  • Special destinations
  • Staff funds
  • Survivorship destinations
  • Tracing
  • Undue influence
  • Unjustified enrichment
  • Variation of Trusts
  • Vesting
Whilst most of his trust work has involved private trusts, Nick has some experience with public trusts and charities, including limited companies such as RSLs regulated by OSCR & Communities Scotland. 

He has also advised in relation to unincorporated associations.  

Experience of courts and tribunals 

Nick has appeared in the following civil Courts and Tribunals: 

  • House of Lords (led by IG Mitchell, Q.C.)
  • Inner House of Court of Session (both on own and led by Senior)
  • Outer House of Court of Session (both on own and led by Senior)
  • Sheriff Court before various Sheriffs and Sheriffs Principal
  • Employment Tribunal
  • He has also appeared in various criminal courts including the Criminal Appeal Court, the High Court, the Sheriff Court and the District Court (both before lay and stipendiary magistrates).



Positions held:

Committee Member of STEP Scotland STEP stands for Society of Trust and Estate Practitioners.  STEP is a worldwide body with several thousand members.  It publishes a journal and provides regular updates to members by e-mail. The Scottish Branch has over 200 members.      



Memberships:

 
  • Member of the Scottish Committee of Society of Trust and Estate Practitioners (STEP) - 2007 to date
  • Member of the Faculty Council - 2004 to 2007
  • Member of the Faculty of Advocates' Equality and Diversity Committee - 2007 to date
  • Convener of a Faculty of Advocates subcommittee tasked to consider wasted Cost Orders 2005
  • Member of a Faculty of Advocates subcommittee considering proposals reform the law related to forced marriages 2006
  • Former Part-time Tutor at Edinburgh University (Delict, and Civil Court Practice)
  • Former Clerk to the Faculty of Advocates' Law Reform Committee (1996)



Events at which been a speaker: 

Nick has given lectures on matters related to Wills trusts and executories under the auspices of CLT (Scotland), Royal Faculty of Procurators Glasgow ("RFPG"), Trainee and Newly Qualified Assistants ("TANQ"), TrustBar, the Faculty of Advocates, STEP and Terra Firma.  

He has given talks in various venues across Scotland including: Aberdeen, Dumfries, Dundee, Edinburgh, Glasgow, Oban and Perth. 


Personal interests and hobbies: 

Nick likes to play golf but has, for the time being at least, no intention of giving up his day job! 

Football (now as a spectator) Formerly played for a College graduate team when at University; also undertook first aid at Tynecastle.) 

Rugby (now as a spectator, formerly, an SRU Steward) 

Swimming 

Tennis 

Wine represented both Edinburgh and Oxford Universities

Member of the Merchant Company of the City of Edinburgh

 

Publications: 

Contributions to various books, including:-  

Greens Litigation Styles (1996 onwards); &  

Tolley's Pension Dispute Procedures & Remedies 2002), see especially p. vii & Chpt. 15. 

Also a reporter for the Scots Law Times (1993-95). 

Article in STEP Journal January 2008 “The Disappointed Beneficiary and her Remedies”. 


 Appointments: 

  • Member of the Faculty Council - 2004 to 2007
  • Member of the Scottish Committee of Society of Trust and Estate Practitioners (STEP) - 2007 to date
  • Member of the Committee of the Faculty of Advocate Employment Law Group - 2010 to date
  • Member of TrustBar Committee - 2008 to date
  • Member of the Faculty of Advocates' Equality and Diversity Committee - 2007 to date
  • Former Part-time Tutor at Edinburgh University (Delict, and Civil Court Practice)
  • Former Clerk to the Faculty of Advocates' Law Reform Committee (1996)

Recent Cases: 

This is a list (in a rough reverse chronological order) of some of the cases with which Nick has been involved. The list is not exhaustive.  

  • Moncrieff v Jamieson [2007] UKHL 42; 2008 S.C. (HL) 1 - servitude
  • Bergant & Ors v Scottish Ministers & Ors 2006 GWD13-240 - personal injury
  • Liquidator of Tay Square Properties Ltd. 2005 SLT 959, 2005 S.C.L.R. 563 -
  • insolvency, examination under s. 236 of Insolvency Act 1986, human rights
  • Richardson & Ors. v. Rivers 2004 G.W.D.28-583 (Sh. Principal I.D. Macphail, Q.C.) - expenses & right to a "fair trial" under the European Convention on Human
  • Rights
  • Campbell v. Commissioners of Customs & Excise (Unreported 2nd Div., 28th January 2003, only a brief Note was issued by the Court) - appeal from the VAT & Duties Tribunal
  • Hyndman v. Readman 2004 S.L.T. 959, 1st Div. -insolvency
  • Secretary of State for Scotland v. Turner 2003 S.C. 525, (1st Div.) - appeal from decision of Pension's Ombudsman
  • McFadyen v. Gatley 2000 S.L.T. Sh. Ct. 41 - extradition, expenses
  • Dieter Rossmeier v. Mounthooly Transport 2000 S.L.T. 208 (1st Div.) - E.U. law, sisting mandatory
  • Ritchie v. Dickie 1999 S.C. 593 - executory, bankruptcy
  • Holmes v. Secretary of State for Scotland 1999 S.L.T. 706 - judicial review Tod's Trs. 1999 S.L.T. 308 (Extra Div.) - trust law
  • Smith Petr. 1999 S.L.T. (Sh. Ct.) 5 - Scottish limited partnership, liquidation
  • Royal Bank of Scotland v. Malcolm 1999 S.C.L.R. 854 (2nd Div.) - proof by writ or oath
  • Royal Bank of Scotland v. Malcolm 1998 S.C.331 (1st Div.) - late appearance & dismissal of appeal by Sheriff Principal
  • Burns v. Harper Collins 1997 S.L.T. 607 - personal injury
  • Lujo Properties v. Green 1997 S.L.T. 225 - partnership, landlord & tenant
  • Sellar v. Lord Advocate, & Drummond v. Lord Advocate (Lord Gill 26th September 1996, unreported) - personal injury, water borne hepatitis, causation
  • Rippin v. ITP Interpipe S.A. 1995. S.C. 302 (2nd Div.) - diligence on the dependence Watts v. Russel 1993 S.L.T. 1227 - personal injury


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