- Year of Call
- Devil Masters
- Roisin A Higgins KC
- Matthew D Jackson KC
- Anna I Poole KC
Contactdavidturner@amadvocates.co.uk Telephone number available from Clerks upon request
David represents clients in all areas of commercial and personal disputes. He appears regularly in the Inner and Outer Houses of the Court of Session and in Sheriff Courts across Scotland. David is a Fellow of the Chartered Institute of Arbitrators (FCIArb) and frequently represents clients in at arbitration and mediation.
In addition to his expertise in general contractual matters, David has significant experience in property litigation (including landlord and tenant), banking and credit, PFI and procurement disputes. David has assisted clients in a number of other specialist areas including: corporate governance, insolvency, insurance, judicial review, partnership, planning, product liability, professional negligence, succession, tax and trusts. He has advised clients from a number of specialist sectors, among them financial services, energy, infrastructure, construction and aviation.
David is ranked in the Chambers & Partners UK Directory for Real Estate Litigation; Commercial Dispute Resolution; Company; and Private Client, and in the Legal 500 for Property, Planning and Construction; and Commercial Disputes.
Prior to calling to the Bar, David practised for several years as a solicitor in the top-ranked Commercial Litigation team at McGrigors.
Education & Professional Career to Date
Senior Solicitor, McGrigors
Trainee Solicitor, Maclay Murray & Spens
BSc in Mathematics (Glasgow); LLB (Hons) (Glasgow); Diploma in Legal Practice (Glasgow and Strathclyde)
- External Examiner, Robert Gordon University, Aberdeen
- Fellow of the Chartered Institute of Arbitrators (FCIArb)
- Member of the Faculty of Advocates Dispute Resolution Service (FDRS)
- Member of the Scottish Planning, Local Government and Environmental Bar Group (SPLGEBG)
Dickie & Moore Ltd v Trustees of the Lauren McLeish Discretionary Trust  CSIH 38; 2021 S.C. 1; 2020 S.L.T. 1007; 2020 G.W.D. 23-306;  C.L.Y. 2110
Responding to a reclaiming motion against severance of an adjudicator’s award; authoritative guidance upon the correct approach to severing ultra-vires parts of adjudication awards.
Ian Graham Rennie v Mark Douglas St Clair Rennie  CSOH 49; 2020 S.L.T. 619; 2020 G.W.D. 18-260
Partnership dispute regarding procedure to be adopted in the expulsion of a partner and the applicability of natural justice in partnership decision making.
Action for interdict relating to encroachment upon ground utilised by a neighbour for over 80 years; debating relevancy of inter alia averments regarding servitude parking rights, locked gates and boundaries.
Dickie & Moore Ltd v Trustees of the Lauren McLeish Discretionary Trust (No.2)  CSOH 87; 2019 S.L.T. 1498; 187 Con. L.R. 202; 2019 G.W.D. 37-598
First instance in Scotland of partial enforcement of a single dispute adjudication decision following severance of non-crystallised claims.
GCN (Scotland) Limited v James Stevenson Gillespie  CSOH 82; 2020 S.L.T. 185; 2020 S.C.L.R. 335; 2019 G.W.D. 35-554
Establishing novel title to sue to retain possession of property without registered title in light of altered statutory landscape of a non domino title registration under the Land Registration etc. (Scotland) Act 2012.
Dickie & Moore Limited v Ronald James Mcleish, Mrs Diane Mcleish and Catriona Watt  CSOH 71; 2019 S.L.T. 1487; 187 Con. L.R. 184; 2019 G.W.D. 30-476
Action for the enforcement of an adjudication award in circumstances of allegations of breaches of natural justice and absence of jurisdiction.
Reclaiming motion regarding sufficiency of the terms of purported notices of termination.
Hearing to determine whether leave to appeal is required in a Commercial Action in terms of rule 38.3(6) of the Court of Session Rules following dismissal of a principal action where a counterclaim remains extant.
Contractual dispute regarding the formal requirements and sufficiency of the terms of purported notices of termination of contracts for the provision and maintenance of photovoltaic systems.
Enforcement by minute for contempt of the first order made under section 955 of the Companies Act 2006 brought by the Takeover Panel in respect of contravention of the City Code on Takeovers and Mergers.
Action for the recovery of a property conveyed allegedly fraudulently by sitting tenant.
Greenbelt Group Limited v [Residents of Menstrie Mains], Alloa Sheriff Court, 2 February 2018 (unreported)
Action for payment of service charges on the basis of the subsisting privative contractual effect of an accepted disposition following removal of equivalent title conditions by the Lands Tribunal.
David E Mond (Trustee) v John Duncan Daniel Codona, Kilmarnock Sheriff Court, 29 December 2017 (unreported)
Proof of jurisdiction for the purposes of sequestration in respect of residence within the sheriffdom for 2 months with requisite settled purpose.
Construction of contractual terms within a Full Insuring and Repairing lease and the effect of that contractual nexus upon the proper construction of landlord’s services and the costs arising therefrom.
Taylor v Prestige Properties, Hamilton Sheriff Court, 26 May 2017 (unreported)
Action for removal of encroaching building. Questions regarding the defence of acquiescence arising from knowledge of the original construction the extent of the court’s discretion to refuse the strict property remedy of removal.
Novel action for declarator of a stand-alone servitude right of parking, created not by any form of grant but solely use as of right for prescriptive period.
Construction of contractual terms within a Full Insuring and Repairing lease.
Succession action for declarator of the value of a deceased’s estate and enforcement of the payment of legal rights.
Action for damages arising from allegations of ground contamination on residential development. Questions of the entitlement of a developer to rely upon their consulting engineers and the proper definition of depositing of waste for the purposes of section 33(1)(a) of the Environmental Protection Act 1990.
West Register (Property Investments) Ltd v Scottish Ministers, Selkirk, 11 March 2015 (unreported)
Appeal under Section 61(1) of the Land Reform Scotland Act 2003 against registration of a Community Interest in Land.
Petition for Judicial Review and reduction of awards of expenses made within planning appeals processes.
Appeal under Section 239 of the Town and Country Planning (Scotland) Act 1997; challenge to the decision is based on grounds of irrationality and the significance to be attached to an emerging local development plan ("LDP") as a material consideration in the context of planning decisions.
G&G Contracts (Fife) Limited v Hewson, Kirkcaldy Sheriff Court, 8 August 2013 (unreported)
Action for payment for additions and variations under a construction contract.
Recommended in the Chambers & Partners Bar Guide 2024:
- Real Estate Litigation (Band 1)
- Company (Band 1)
- Commercial Dispute Resolution
- Private Client
Recommended in the Legal 500 UK Bar Guide 2022:
- Property, Planning & Construction (Leading Junior - Band 1)
- Commercial Disputes
‘A fierce litigator who is quick to pick up on challenges or opportunities that arise throughout the lifespan of a case. He can break down complex legal disputes into bite-size, easy to follow, and logical points for clients to consider.'
'Go-to junior counsel. He is very knowledgable on a wide range of matters and has an incredible legal brain, and clients appreciate his ability to explain complex matters in plain English. '