Meet the team
Paul Harper
Partner
Dispute Resolution and Litigation
Phone
0131 656 5639
Address
Caledonian Exchange 19A Canning Street Edinburgh EH3 8HE
About Paul
Paul has over 25 years’ experience in a broad spectrum of contentious business, property, public and regulatory disputes. He handles a variety of commercial disputes (breach of contract, sale of goods, professional negligence) seeking to achieve the desired commercial objectives as quickly as possible whether that be through negotiation, the commercial courts, mediation or arbitration. He has a particular expertise in a wide range of contentious real estate matters both in the commercial and residential sectors acting for commercial landlords and tenants, estate owners, retailers, property developers, registered social landlords, Universities and the providers of purpose built student accommodation.
On the commercial property side throughout his career Paul has been involved in all aspects of contentious real estate disputes but with an emphasis on dilapidations, telecoms, irritancy and repossession including the removal of travellers and protesters. Paul also has extensive experience in professional negligence actions related to property transactions including claims against surveyors, architects and solicitors.
On the residential side Paul is recognised as an expert on contentious issues in the private and social housing rented sectors and as such is regularly invited to speak at seminars. He also provides advice on boundary disputes, servitudes and public rights of way and on the law on tenements and factors.
Paul is a member of the Property Litigation Association.
Out of the office Paul was until recently a long-serving board member of a registered social landlord and is presently on the executive committee of a charitable sporting organisation.
Paul is a recommended lawyer in Real Estate Litigation in The Legal 500.
Expertise
Highlights
- Advising a client in respect of complicated proceedings in the Court of Session seeking to challenge HMRC on the legality of its levy of aggregate tax and whether the levy constituted state aid. Our clients’ position was vindicated before the Inner House.
- Involvement in over 15 litigated cases on the Telecoms Code acting for landlords such as a University, farmers, owners of office buildings and roadside service stations. This involved advising the clients at a very early stage prior to litigation of the likely timescale for removal of the operator’s equipment, serving Code notices and thereafter raising successful court proceedings.
- Advising a national charity in a dispute with their landlords and their former solicitors in respect of the solicitor’s failure to properly serve a break notice to terminate the commercial lease including advice on the steps to take in respect of the landlord’s claim for rent and other losses and the basis and extent of the claim against the former solicitors.
- Advising clients on and raising court proceedings to remove “Occupy Edinburgh” from a major landmark in Edinburgh.
- Acting for the respondent in long running judicial review proceedings which went to appeal in the Inner House.
- Simultaneously and successfully raising approximately 200 HMO appeals on behalf of a University against a decision of a local authority to refuse HMO applications. The Scottish Fire Service were also brought in to the proceedings.
- Raising and defending numerous cases in the Sheriff Court and the Housing and Property Chamber arising from landlord and tenancy legislation including landlord registration, tenancy deposit and repairing standard claims.
News & Insights
From the team
news
A recent decision on jurisdiction issues involving Scottish Intellectual Property (“IP”) highlights the importance of IP rights and getting jurisdiction right
news 31 January 2020
Two recent decisions demonstrate the methods that crofters and landlords can expect when the Scottish Land Court is determining rents
news
If you plan to sell and split off parcels of land, particularly where the retained land may be developed in the future, make sure you have access and services in place
news
Over 18 months since the introduction of the online case management system supporting claims valued at less than £5,000, how is it fairing now and for the future?
news 6 December 2019
Kenny Gray, Partner in our Commercial Property team has outlined a series of measures which can give small businesses a fighting chance of success
news 3 December 2019
Scottish agriculture not only faces the uncertainty of Brexit but also legislative changes as a target industry for expansion by the Scottish Government
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