Andrew Upton

Andrew advises clients across both public and private sectors in relation to all litigious matters. His experience incorporates litigation at Sheriff Court and Court of Session level, principally contractual and property disputes, as well as actions at both the Scottish Land Court and the Lands Tribunal for Scotland.

Andrew regularly represents clients in the Sheriff Courts throughout Scotland, including Commercial Actions, and at the Lands Tribunal for Scotland and Scottish Land Court. Through his experience in complex litigations, Andrew has developed forensic analytical skills, reviewing substantial volumes of documents and preparing reports on relevant facts, legal issues and prospects of success.

He also has experience representing clients in quasi-judicial proceedings, including making written and oral representations to the First-tier Tribunal for Scotland and various disciplinary panels of regulatory bodies.

Andrew sits part-time as a Legal Member of the First-tier Tribunal (Housing and Property Chamber).

Recent work highlights include:

• Advising Loch Lomond and the Trossachs National Park Authority in their successful appeal to the Sheriff Appeal Court against a decision to quash an Access Rights Enforcement Notice under the Land Reform (Scotland) Act 2003 (reported case: Loch Lomond and the Trossachs National Park Authority v Renyana Stahl Anstalt, 2017 S.L.T. (Sh Ct) 138), and the subsequent appeal to the Inner House of the Court of Session (reported case: Renyana Stahl Anstalt v Loch Lomond and the Trossachs National Park Authority, 2018 S.L.T. 331).
• Successfully advising and representing Inverclyde Council in an appeal to the Sheriff Principal on the validity of pre-irritancy notices (reported case: Inverclyde Council v Prince of Wales Bar, 2015 Hous. L.R. 14).
• Advising Scottish Natural Heritage in their successful defense of an appeal to the Scottish Land Court by an owner of fishing rights concerning their refusal of consent to repair and replacement of croys and revetments in the River Tummel (reported case: Tummel Valley Leisure Limited v Scottish Natural Heritage, 2015 S.L.T. (Land Ct.) 117).

Andrew is recognised as a “Next Generation Partner” in Property Litigation by The Legal 500 and is ranked by Chambers UK in Real Estate Litigation.