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Graeme MacLeod

Partner

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

Graeme MacLeod is a partner in our Disputes Team in CMS Edinburgh, which is recognised as a market leader in Scotland.  He specialises in commercial litigation and professional negligence claims, and advises banks, corporates, public bodies, and insurers about a variety of disputes across both fields.

A lawyer with the firm since 2002, Graeme acts for clients in high value commercial disputes in Scotland's Court of Session and Sheriff Courts, as well as in alternative dispute resolution processes such as mediation and arbitration. He is well regarded for his expertise in banking, regulatory, commercial contract and fraud-related matters, and for his knowledge of insolvency litigation. His wide-ranging practice encompasses claims ranging from judicial review of regulatory bodies to intellectual property infringement and from international asset recovery to defamation.

His work in the professional indemnity sphere involves the defence of claims for professionals and their insurers across a broad spectrum of both traditional and emerging professions. He is particularly recognised for his expertise in claims against solicitors.  

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"An “excellent negotiator”, he has "great intellectual acumen and ability to cut through complex data" "

Legal 500

Relevant experience

  • GBP 12m claim for breach of contract and negligence arising from an alleged customer fraud for a major Scottish bank.
  • Multi-million pound damages claim for fraud for listed offshore services company.
  • Negligence claim and process improvements arising from failures under a key IT outsourcing contract for a major international bank.
  • Disciplinary proceedings by SPL and SFA relating to player registration issues for Scottish Premier League football club.
  • Comprehensive review of disciplinary procedures for The Institute of Chartered Accountants of Scotland.
  • Substantial claim against former directors for misappropriation of assets and wrongful trading for administrators of an insolvent retail company.
  • GBP 3m contractual claim for charges arising from disposal of waste to landfill against waste services company.
  • GBP 17m claim against surveyors arising from allegedly negligent valuation of a hotel for a major bank.
  • Panel Solicitor for insurers and solicitors under Law Society of Scotland Master Policy, defending claims against solicitors with a particular focus on complex and/or high value claims.
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Education

  • 2002 – Law, Dip LP, University of Edinburgh, Edinburgh
  • 2001 - Law, LLB (Ord) (with Distinction), University of Edinburgh, Edinburgh
  • 1999 - BA (Hons) (First Class), Worcester College, Oxford                                         
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21 March 2019
CMS Fin­an­cial In­sti­tu­tions Op­er­a­tion­al Re­si­li­ence Re­port
Risk, Re­si­li­ence & Repu­ta­tion
23/07/2019
Sent hame­ward tae think again - High Court in Eng­land has jur­is­dic­tion...
Should where you are phys­ic­ally work­ing de­cide where the law says ser­vices are be­ing per­formed? In a claim brought in the High Court in Eng­land, a Scot­tish law firm sought a rul­ing that the courts of Eng­land and Wales did not have jur­is­dic­tion to de­term­ine.
1 June 2018
Ker­nel: Sum­mer 2018
The Scot­land Food and Drink Bul­let­in
13/06/2019
No pic­tures, please: Scot­land v Eng­land as a for­um for de­fam­a­tion...
The Court of Ap­peal in Eng­land & Wales has handed down its judg­ment in the mat­ter of Howard Kennedy v The Na­tion­al Trust for Scot­land [2019] EW­CA Civ 648, on ap­peal from the de­cision of Sir Dav­id Eady, sit­ting as a judge of the High Court on the Queen's Bench.
4 December 2017
Ker­nel: Winter Edi­tion
The Scot­land Food and Drink Bul­let­in
06/06/2019
The Bribery Act 2010 in Scot­land: where are we now?
De­scribed earli­er this year by the House of Lords Se­lect Com­mit­tee as hav­ing cre­ated “an in­ter­na­tion­al gold stand­ard for anti-bribery and cor­rup­tion le­gis­la­tion”, the com­ing month will mark the eight year an­niversary of the Bribery Act 2010 com­ing in­to force.
20/10/2014
Pre­pare for smart­card sig­na­tures
19/04/2019
Opt-out ac­tions: a class apart
The Court of Ap­peal has set aside a 2017 de­cision of the Com­pet­i­tion Ap­peal Tribunal (CAT) re­fus­ing to cer­ti­fy a £14bn mass con­sumer claim against Mas­ter­card as “col­lect­ive pro­ceed­ings” un­der the Com­pet­i­tion Act 1998 (Mer­ricks v Mas­ter­card In­cor­por­ated and.
03/02/2014
In­forms - Civil justice
02/04/2019
Say what? The Scot­tish Gov­ern­ment con­sults on re­form to the Scots...
The Scot­tish Gov­ern­ment is cur­rently con­sult­ing on re­forms to the Scots law of de­fam­a­tion, the area of law which aims to pro­tect in­di­vidu­al and busi­ness repu­ta­tions from false state­ments. In an era of on­line re­views and vir­al shar­ing of opin­ion, pro­tect­ing.
28/02/2019
Su­preme Court guid­ance on loss of a chance claims -  Perry v Ra­leys...
This is the first oc­ca­sion that the Su­preme Court has had the op­por­tun­ity to con­sider a claim for a loss of a chance in a pro­fes­sion­al neg­li­gence claim re­lat­ing to a lost lit­ig­a­tion op­por­tun­ity, since the Court of Ap­peal’s judg­ment in Al­lied Maples Group Ltd.
25/10/2018
Cy­ber claims: Mor­ris­ons and the en­emy with­in
In Wm Mor­ris­ons Su­per­mar­ket PLC v Vari­ous Claimants [2018] EW­CA Civ 2339, the Court of Ap­peal has held that an em­ploy­er can be vi­cari­ously li­able to mul­tiple claimants for a mass data breach com­mit­ted by a rogue em­ploy­ee.