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Shepherd and Wedderburn LLP

Iain Drummond

Iain Drummond

Partner

Expertise

  • Commercial Dispute Resolution
  • Commercial Disputes and Regulation
  • Construction and Special Projects
  • Infrastructure and Projects

WSG Practice Industries

Activity

Profile

Iain is highly experienced in construction, engineering, major projects, and negligence disputes. He is an active solicitor-advocate, appearing regularly against senior and junior counsel in the Court of Session, principally in the Commercial Court. He has a large adjudication practice, recently concluding a series of complex adjudication claims for a contractor regarding a major flood engineering project, including achieving an extension of time award of 2.5 years. He has also recently conducted a series of successful adjudications on energy and civil engineering projects in Wales, England and Scotland.. Iain also has a substantial mediation practice, conducting mediations across the UK, and also advises adjudicators. Iain has been accredited by the Law Society of Scotland as a specialist in construction law since 2003 and is also a member of the Law Society of Scotland's specialist accreditation panel for professional negligence.

Admitted in Scotland.

Areas of Practice

Commercial Dispute Resolution | Commercial Disputes and Regulation | Construction and Special Projects | Infrastructure and Projects | Professional Negligence | Scots Counsel Dispute Resolution | Solicitor Advocates

Professional Career

Professional Associations

Law Society of Scotland
Chartered Institute of Arbitrators
Adjudication Society
Society of Solicitor Advocates

Articles

The uneasy relationship between adjudication and insolvency
Shepherd and Wedderburn LLP, January 2022

The recent case of John Doyle Construction (JDC) v Erith Contractors Limited provides two lessons for the construction sector concerning the enforcement of adjudicators’ decisions by companies in liquidation. First, “clear, evidenced, and unequivocal security” is necessary before enforcement is possible. Second, where a solvent and paying party asserts set-off and counter-claims, enforcement is prohibited in most circumstances...

Clause and effect: “see to it” and “on demand” guarantees
Shepherd and Wedderburn LLP, November 2021

  In the recent case of Shanghai Shipyard Co. Ltd. V. Reignwood International Investment (Group) Company Limited [2021] EWCA Civ 1147 the Court of Appeal (COA) unanimously overturned the first instance decision and found a parent company guarantee to be a guarantee “on demand”. Despite arbitration proceedings having commenced under the underlying contract, the COA found the guarantor liable to pay $170 million under the guarantee...

HSE prosecutes contractor due to health and safety breaches during COVID-19 “spot check”
Shepherd and Wedderburn LLP, November 2021

  The HSE has prosecuted a contractor after it identified multiple health and safety issues during a COVID-19 ‘spot check’ at a site in Manchester. This is the first prosecution to arise from the HSE’s Spot Check programme. Background Throughout the pandemic, HSE inspectors performed a number of proactive COVID-19 spot checks (reportedly over 316,000) at construction sites across the UK...

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