Picture of Alison Gow

Alison Gow

Partner
Head of Real Estate Disputes, Scotland

CMS Cameron McKenna Nabarro Olswang LLP
Saltire Court
20 Castle Terrace
Edinburgh
EH1 2EN
United Kingdom
Languages English
Dispute Resolution

Alison Gow is a partner at CMS UK and Head of Real Estate Disputes in Scotland.  She is an accredited mediator and a member of the Commercial Litigation Accreditation Committee which assesses applications from Scottish Solicitors seeking recognition for excellence.

An experienced practitioner in commercial litigation handling a wide range of disputes with particular expertise in all aspects of property related disputes including landlord and tenant issues, wayleave and servitude disputes, boundary and encroachment, overage and dilapidations disputes including handling Judicial Review challenges and cases before the Lands Tribunal and the Commercial Court in the Court of Session in Edinburgh.

Alison acts for institutional investors, retailers, developers, energy companies.

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Alison is regarded as “as technically gifted and will take a case and not let go” and is praised for her “whole hearted commitment to clients’ interests and her good negotiation skills.

One client noted “when you feel you are up to your neck in alligators Alison has a great way of making them disappear”

Relevant experience

  • SSE in resisting a  judicial review challenge relating to a major wind farm development
  • Defender directors of Simclar Group  in relation to a claim for £22m at the instance of the liquidators of a former subsidiary
  • BAM Properties Limited  in a court action arising from disputed interpretation of a development agreement
  • A research company in pursuing a claim in excess of £5m against an expert for breach of contract/negligence in the provision of expert advice relied upon for investment purposes
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Education

  • 1980 – LLB, Edinburgh
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Memberships

  • Law Society of Scotland
  • Member, Signet Accreditation Committee
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Real Estate & Planning Disputes

Alison Gow has over 20 years’ experience advising clients in the real estate sector in relation to both preventing and conducting litigation.  She is an accomplished litigator and strong negotiator; results driven and tenacious.  She has considerable expertise in dealing with a range of landlord and tenant issues including dilapidations, consent applications, rent reviews and service charge disputes

She is recognised  by clients and colleagues as providing advice which is   commercial,  pragmatic and tailored to the specific interests of the client.  Alison helps clients  achieve creative and cost effective solutions striving hard to meet the needs of clients in complex, difficult and high profile cases.

She regularly acts for a number of institutional investors, developers, retailers and clients in the energy sector on all aspects of owning and occupying property.

Alison is a ranked individual by Chambers and Partners

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Alison is regarded as “as technically gifted and will take a case and not let go” and is praised for her “whole hearted commitment to clients’ interests and her good negotiation skills.

One client noted “when you feel you are up to your neck in alligators Alison has a great way of making them disappear”

Relevant experience

  • SSE in relation to judicial review challenges and Lands Tribunal applications.
  • Successfully defending  Royal and Sun Alliance in a £4m dilapidations claim.
  • An energy client in an application to vary a servitude right.
  • A mining client in relation to a disputed compensation wayleave claim.
  • A developer client in seeking a discharge of a title condition preventing building.
  • A pension fund on claim arising out of breach of missives.
  • A developer in pursuing complex dilapidations and service charge claim.
  • Pension fund on complex ground lease claim.
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Education

  • 1980 – LLB, Edinburgh
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Memberships

  • Law Society of Scotland
  • Member of the Signet Accreditation Committee
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21/06/2017
Dilap­id­a­tions claims and in­dem­nity pro­vi­sions - alive and kick­ing?
A re­cent case in the Com­mer­cial Court of the Court of Ses­sion, Moor Row Lim­ited v DWF LLP (“Moor Row”) res­ul­ted in some in­ter­est­ing ar­gu­ments in what oth­er­wise looked like a straight­for­ward dilap­id­a­tions claim.
07/10/2016
Dilap­id­a­tions and pay­ment clauses - an up­date
A num­ber of re­cent Scot­tish cases have con­sidered the en­force­ment of ‘pay­ment’ or ‘debt pro­vi­sion’ clauses in cir­cum­stances where a ten­ant has failed to com­ply with its ob­lig­a­tions to re­pair and main­tain as an al­tern­at­ive to the nor­mal ap­proach of pur­su­ing.
28/09/2016
No com­pens­a­tion owed to own­er/oc­cu­pi­ers pri­or to grant of wayleave
Dis­putes arising from the grant of ne­ces­sary wayleaves are not of­ten the sub­ject of re­por­ted cases, but the Court of Ses­sion in Ed­in­burgh re­cently is­sued a de­cision con­firm­ing that own­ers or oc­cu­pi­ers of land are not en­titled to com­pens­a­tion for the peri­od.
27/09/2016
Break no­tices - a Scot­tish and Eng­lish per­spect­ive
Sum­mary A re­cent de­cision of the Scot­tish courts in Tyco Fire & In­teg­rated Solu­tions (UK) Lim­ited v Re­gent Quay De­vel­op­ment Com­pany Lim­ited [2016] sug­gests that in Scot­land at least, a cler­ic­al er­ror alone in in­clud­ing only part of the de­mised premises, will.
02/09/2016
Im­plied Ser­vitudes in Scots Law
A re­cent In­ner House de­cision re­vis­its im­plied ser­vitudes in Scots law and sets out the is­sues which should be con­sidered when de­term­in­ing wheth­er there has been an im­plied grant of a ser­vitude right when a prop­erty is di­vided.
12/07/2016
Break No­tices - When is a de­fect not a de­fect?
Is the omis­sion of word­ing in a ten­ant’s break no­tice fatal to the valid­ity of that no­tice?  That was the ques­tion for the court in Tyco Fire & In­teg­rated Solu­tions (UK) Lim­ited v Re­gent Quay De­vel­op­ment Com­pany Lim­ited.
11/07/2016
Scot­tish lease dilap­id­a­tions
Dilap­id­a­tions: clear words re­quired to avoid or re­strict re­pair­ing ob­lig­a­tions A num­ber of re­cent Scot­tish cases have con­sidered li­ab­il­ity for re­pairs un­der leases. For a while, the courts ex­pressed a will­ing­ness to re-write ex­press pro­vi­sions in leases, on.