Brian Crook has a broad practice with particular emphasis on property, commercial, company and insolvency law. With an impressive business career behind him, he is quick to get to the heart of the issue and is always focused on outcomes.
He is ranked as a leading junior for both property and commercial litigation in the current edition of The Legal 500: “Brian is adept at breaking down complex property disputes into an easily understandable opinions. His complete understanding of the issue and relevant law is evident in his examination and cross-examination of witnesses.” “He is unflappable, extremely efficient, and has great communication skills. A junior with an excellent court presence.” Legal 500, 2026
The previous edition described him as “a formidable yet approachable advocate. His calm, measured approach - likely a result of his preparedness and solid grasp of the law - means he is a reassuring presence in the courtroom for both the client and instructing solicitor.” Legal 500, 2025
Biography
Before turning to the law, Brian ran a multi-award-winning business. Starting his LLB at Glasgow University in 2009, he came top of his year and won the prize for best performance in the accelerated LLB as well as the prizes for Scots Private Law; Roman Law and Jurisprudence.
He combines the commercial pragmatism of his previous career with legal analysis. Those who have instructed him have commented on how his strategic approach to litigation focusses on outcomes.
Brian's principal areas of interest are commercial and contract law; land and property law; professional negligence; intellectual property; and insolvency. He has also had recent experience of judicial review.
Since calling in 2015, he has been instructed by firms large and small. He has acted in a wide range of commercial and contractual matters including construction of contract; implied terms in contract; personal bar/waiver; multiplepoinding; potestative conditions; unenforceable contracts; frustrated contracts; unjustified enrichment; unincorporated associations; ius quaesitum tertio; loss of profits; penalty clauses; fraudulent misrepresentation; negligent misrepresentation; partnership agreements; the Sale of Goods Act 1979; consumer contracts; and building/construction disputes. In property matters he has acted in disputed rights of common property; construction of title; servitudes; real burdens; landlord and tenant; timeshares; matrimonial property; the Land Register; prescription of obligations under missives; enforceability of standard security; assignation; construction of notices; housing (appeals from First Tier Tribunal) and liferents. In professional liability he has acted for both pursuers and defenders in areas including IT, legal services, property services and insolvency. He has acted for judicial factors (appointment, discharge, note for special powers). In intellectual property matters he has acted in relation to passing off; false endorsement; copyright; trademark infringement; breach of interdict; and contempt of court. He has also acted in relation to administration; liquidation (including just and equitable winding up); sequestration and protected trust deeds. In 2019 he acted in a judicial review case that resulted in the first judicial determination of the meaning of a high hedge. In the matter of expenses he has successfully defended actions of dominus litis and successfully resisted motions for expenses on and agent/client client paying basis.
He has given presentations on construction of contract; implied terms in contract; penalty clauses; prescription; and just and equitable winding up. Should you be interested in him presenting to your firm, please do contact him.
For over twenty years Brian carried out a facilitation role for his clients at senior levels. This generally involved individuals at board room or partner level and often required the resolution of complex and high value issues. He has built on these skills by becoming a CEDR accredited mediator (in 2012) and he can bring an experienced commercial head to mediation either as mediator or in an advisory capacity.
Recent Cases
- Albert Kinloch as Executor-Nominate for the late Patricia Kinloch v Douglas Kinloch as Executor-Nominate for the late John Woods Ferry [2025] SAC (civ) 39 GLW-A224-21
- Bryce v Johnston or Orme 2024 SC LIV 14
- Rizza v Scottish Ministers 2020 SLT 388
- Marwaha v McAllister [2024] 3 WLUK 700
