www.biggartbaillie.co.uk

Transaction Highlights

Scottish Local Authorities

2009 was a busy year for Biggart Baillie’s public sector team. The big public sector stories for 2009 were the Year of Homecoming promoted by the Scottish Government and VisitScotland, Donald Trump’s proposed new Golf Course development at Balmedie and the Edinburgh trams project. All high profile, controversial and heavily featured in the media - and Biggart Baillie’s public sector team was advising at the heart of each of them.

Biggart Baillie is already playing its part in supporting change and innovation within the Public Sector in Scotland by working with organisations such as:  The Scottish Parliament Corporate Body, VisitScotland, University of Dundee, Aberdeenshire Council, City of Edinburgh Council, Clackmannanshire Council, Highland Council, Perth and Kinross Council, South Lanarkshire College, Aberdeen University and British Transport Police.

The detail:

Representing the Council in Judicial Review proceedings and Appeals against decisions of Licensing and other Committees;

Advising on issues arising out of the Trump application for a golf and leisure resort at Balmedie and the controversial potential use of CPO powers and the start of operations on site.

Advising on contract terms and conditions, unfair dismissal, discrimination, equal pay, job evaluation schemes, equality impact assessment, collective bargaining, industrial relations and in relation to the significant TUPE implications of outsourcing and TUPE transfers.

AberdeenshireCouncil

The detail

Advising on commercial conveyancing involving common good considerations, FRI leases and fitting-out/equipping agreements.

Representing the Council (preparation and advocacy work) in planning Inquiries for residential developments

Advising the Council in respect of complex procurement processes and advising on the risk of bidder challenges.

Advising the Council in relation to potential construction disputes/potential litigation in connection with a major infrastructure project.

FifeCouncil

The detail

Representing in complex and sensitive Employment Tribunal cases. One recent case resulted in an award of expenses in the Council’s favour in the maximum amount of £10,000, (the first such award in Scotland).

Advising and representing the Council in major Planning Inquiries in relation to windfarm proposals.

Dumfries & GallowayCouncil

The detail

Provided advice and represented the Council in Court of Session actions for over 20 years, including appeals and applications for Judicial Review relating to planning, education and licensing matters and any issues arising from the Council’s discharge of its statutory powers and functions. Advising on the Council’s IS/IT PPP Project, providing legal, project management and commercial advice to the Council and drafted all contractual documentation in relation to the project. This 10 year project has involved not only the delivery of IT services to the Council but also the multi-phased implementation of a significant number of IT projects to improve the delivery of IS/IT services to support the Council’s business.

The HighlandCouncil

The detailProviding legal advice to this joint venture limited company set up by Clackmannanshire, Falkirk and Stirling Councils to collaborate on the provision of geographical information, systems and services throughout Scotland.

Forth Valley GIS

The detailActing for the Council in the drafting of a Development Agreement among the Council and its development partners for the proposed redevelopment and regeneration of Grangemouth town centre. The Agreement will provide for transfer of Council property into the venture and for returns to the Council by way of both financial consideration and delivery of new or refurbished public buildings.

FalkirkCouncil

The detailAdvised on various issues ranging from competition law to construction advice and advised the Council on the Perth Harbour development.

Advised and represented the Council in nine Planning Inquiries, principally in relation to windfarm proposals and supermarket developments, including preparation work and Advocacy work.

Advised and represented the Council in successfully defending a Judicial Review action brought by a supermarket in connection with a potential retail development.

Perth & Kinross Council

The detailAdvised the Council in relation to the type of entity under which to best protect the then unincorporated association, Destination Edinburgh Marketing Alliance ("DEMA"), a public/private collaboration facilitated by the City of Edinburgh Council tasked with developing an alliance of partner organisations and marketing the city as a destination for those wishing to visit, invest, live or study in Edinburgh.

We provided advice and incorporated DEMA as a company limited by guarantee.

City of Edinburgh

Council

The detailAdvising on the design and construction of the new campus in East Kilbride. This was to form a single unified campus of 15,500 sq metres purpose built for the colleges’ needs replacing their existing centres in the south west of Glasgow.

South Lanarkshire

College

With over 20 partners and other fee earners working with public sector clients, our team is one of the largest in the country. We provide organisations of all shapes and sizes with legal advice through every stage of their development.

How can we be sure of delivering the best advice for each client?

By recognising each one individually and really getting to know what makes their business tick.

Our Public Sector PartnersGlasgowNeil Amner, Partner namner@biggartbaillie.co.uk

Martin Gallaher, Partner mgallaher@biggartbaillie.co.uk

Murray Shaw, Partner mshaw@biggartbaillie.co.uk

EdinburghWayne Lawrence, Partner wlawrence@biggartbaillie.co.uk

David Ratter, Partner dratter@biggartbaillie.co.uk

Jennifer Spence, Partner jspence@biggartbaillie.co.uk

GlasgowDalmore House, 310 St. Vincent Street, Glasgow, G2 5QR DX GW9

Tel: +44 (0) 141 228 8000 FAX: +44(0) 141 228 8310

EdinburghNo. 2 Lochrin Square, 96 Fountainbridge, Edinburgh EH3 9QA DX ED15

Tel: +44 (0) 131 226 5541 FAX: +44(0) 131 226 2278