David Logan has a broad-ranging civil practice with a particular interest in commercial matters including insolvency and shareholder disputes. ‘Recommended for a broad spectrum of commercial cases', the Legal 500 has described him as ‘A fearless litigator' and 'Hugely knowledgeable and always focused on achieving the best outcome for the client'.
David was appointed a full-time Advocate Depute in January 2023.
Biography
David graduated from Dundee University in 1982 before completing his Postgraduate Diploma in Legal Practice in 1983. David practised as a solicitor for over 16 years, before calling to the Scottish Bar in 2000, where he has built a busy, broad-based practice with particular interest in commercial matters including insolvency and shareholder disputes. He has extensive experience in respect of land related disputes covering title issues, ancillary rights and development contracts.
Appointments
- Full-time Advocate Depute, 2023
- Tutor in Civil Advocacy, Dundee University, 1988 - 1998
- Temporary Fiscal, Dundee, 1999
- Ad Hoc Advocate Depute (Sentence Appeals), 2003 – 2008
- Director, Faculty Services Ltd/Terra Firma Chambers, 2014 to 2023
Publications
- Contributory Negligence in Contract: a step back? | SLT 2000
- Practical Debt Recovery | Butterworths 2001
- Inhibitions on the Dependance: an alternative view | SLT 2002
Recent Cases
UK Supreme Court
Davies v Scottish Commission for the Regulation of Care 2013 SC (UKSC) 186
This case arose from a decision to revoke the licence of a nursery in Aberdeen. I was instructed on my own for both the proof and the appeal to the Sheriff Principal. I acted as junior in both the Court of Session and the Supreme Court. The issue turned on whether the legislation bringing in a new regulator allowed that regulator to carry on a case started by its statutory predecessor. Although the Supreme Court ruled that it could it also found that the process had been such that the appeals should be allowed.
Morris v Rae [2012] UKSC 50
This claim was based upon a breach of warrandice (guarantee) in a contract for the purchase of land. I dealt with the case in both the Outer and Inner House on my own and was junior in the Supreme Court. The case changed the law on claims in warrandice finding that it was sufficient that the title was open to challenge by someone with a better title, even if they were not actually vested in that title at the time.
LBatley Pet Products Limited (Appellant) v North Lanarkshire Council
This was a dispute about liability for alterations at the termination of a lease. It turned on the question of whether the notice provisions of the original contract were incorporated into a separate agreement. I dealt with the case in both the Outer and Inner House and was junior in the Supreme Court. The construction that I had placed on the contract was upheld.
Insolvency Related Cases
Joint Liquidators of Payroller Ltd v Thompson [2019] 3 WLUK 742
Successful opposition to motion for summary decree against the defender in respect of alleged gratuitous alienations.
Fieldoak Ltd v Citywide Glasgow Ltd [2017] CSOH 138
Commercial proof on behalf of defenders against action raised by liquidator.
First Time Ltd v Liquidator of Denmore Investments Ltd 2016 S.L.T. (Sh Ct) 430, [2017] SAC (Civ) 4
Action for liquidator regarding unfair preference.
Miller’s Executor v Miller 2016 S.L.T. (Sh Ct) 399
Successfully resisting attempt to sequestrate an executory on behalf of a prospective beneficiary who had a fiduciary claim against the executor.
Work Legal E-Ltd v Allen [2015] CSOH 12
Acting for defender in respect of action by liquidator. Establishing lack of jurisdiction after proof.
Regulatory Related Cases
Explore Learning Ltd v Social Care and Social Work Improvement Scotland [2019] SAC (Civ) 25
Acted for Care Inspectorate in relation to the cancellation of a registration. The decision of the Care Inspectorate was upheld.
D v Nursing and Midwifery Council 2015 SC 282
First successful appeal against the Council in Scotland.
David has recently represented parties facing exclusion from University and professional bodies on two occasions. I have also represented two separate parties in relation to their being on the restricted lists and not having a clean PVG certificate.
Land Related Cases
Martin v McMillan [2019] CSIH 26
Inner House decision where security for costs was awarded in appeal against decision of Land Court.
Combined Corporation (BVI) Ltd v Souter 2019 SC 261
Inner House (Court of Appeal) decision seeking to overturn decision of Lands Tribunal in respect of rectification of title.
Brooke v Kelly 2018 Hous. L.R. 56
Successful resistance of an action of reduction in respect of a property allegedly obtained by undue influence and facility and circumvention.
Dem-Master Demolition Ltd v Healthcare Environmental Services Ltd [2017] CSOH 14
Commercial lease dispute seeking dilapidations.
Neville v Donald [2016] CSOH 6
Action seeking reduction of title on basis of alleged facility and circumvention
Chalmers v Chalmers 2016 SC 158
Action of reduction of title based upon forgery.
Cumbernauld Housing Partnership Ltd v Davies 2015 SC 532
Liability of proprietor for share of repairs and maintenance; prescription.
David has also represented parties at arbitration in respect of title rights, way going liabilities on behalf of a tenant and on behalf of a landlord.
Commercial Cases
J & E Shepherd v Letley (No.2) CSIH 8
Hearing on expenses arising from partnership dispute.
J & E Shepherd v Letley [2017] CSIH 78
Case on appeal against breach of commercial interdict (injunction) successfully overturned.
Witter v QHSE Solutions Ltd 2017 S.C. (S.A.C.) 21
Successfully resisting application for derivative action against director of company.
Sundolitt Ltd v Addison [2017] CSIH 15
Appeal against refusal of interdict based upon restrictive covenant.
Kennedy v Dickie & Moore Holdings Plc [2016] CSIH 37
Successful appeal in respect of the construction of a contract.
Harper v Letley 2017 S.C.L.R. 1
Resisting attempt to reduce minute of agreement dividing properties.
J&E Shepherd v Letley 2016 SC 238
5 Judge decision in Inner House which determined competency of appeal against breach of interdict (see above for final outcome).
Hamilton v Campbell Smith WS 2015 G.W.D. 10-174
Professional negligence case against solicitors dismissed after proof.
