Martin Scott trial and reported cases

Martin is a successful trial lawyer and has also been involved in a number of other significant reported cases, which include:

  • Rendlesham Estates Plc & Others –v- Barr Limited [1]. Successfully acting for over 90 Claimants in a multi-party action against a building contractor under the Defective Premises Act 1972. In addition, brining professional negligence claims against the respective conveyancing solicitors
  • Mcashback v Nabarro LLP 2014 Claim for professional negligence in respect of advice given
  • Fanmail and Paul Burtenshaw v MCashback and others [2] and successfully defended on appeal [3] (beneficial ownership of shares and directors’ breaches of fiduciary duties)
  • Geoffrey Day v Austen Tasker, Multiflight Limited and Anthony Kennett [4] (representing an engineer in a case involving unexplained helicopter engine failure)
  • Multiplex Constructions UK Limited v Cleveland Bridge (UK) Limited[5] (repudiatory breach issues arising from the construction of bowl and iconic arch at Wembley National Stadium)
  • Aldi Stores Limited v Holmes Building Plc [6] (multi-party dispute relating to engineers’ negligence)
  • Trac Time Controls Limited v Moss Plastic Parts Limited and Others [7] (product liability)
  • L Brown and Sons Limited v Crosby Homes North West Limited [8] (enforcement of an adjudicator’s decision relating to the scope of amendments to the JCT Design and Build contract)
  • Hamlin Contracts Limited v HBG [9] (enforcement of an adjudicator’s decision referring party in liquidation)
  • Rainford House Limited (in Administrative Receivership) v Cadogan Limited [10] (enforcement of an adjudicator’s decision where company in administrative receivership).
  • Kenburgh Investments Limited v David Yablon Minton Ellis [11] (solicitors’ negligence) and CA judgment [12] (preliminary issue re a previous settlement with directors and whether this prevented a liquidator from pursuing proceedings relating out of the same contractual transaction against the company’s solicitors)
  • Northern Foods Plc v Focal Foods Limited [13] (preliminary issue terms of the contract for the supply of onions successful in the CA)
  • Cleveland Bridge UK Limited v Yarm Road Limited v Hewden Tower Cranes Limited [14] (preliminary issue relating to the interpretation of the Model Conditions of the Construction Plant-hire Association)
  • R v Yorkshire Sheeting and Insulation Limited [15] (fine for health and safety at work related offences reduced on appeal)
  • Northern Foods plc trading as Fox’s Biscuits v Caddick Construction Limited (concrete floor)
  • Tate & Lyle v YSIS and others (multi-party arbitration relating to a defective warehouse roof)
  • Castlebay Limited v Asquith Properties Limited [16] (after CA judgment negotiation of a substantial settlement with the solicitors who drafted the planning option agreement).


[1] (2014) EWHC 3968 (TCC)
[2] (2008) EWHC 313 (CH)
[3] (2009) EWCA Civ 1368
[4] (unreported December 2009)
[5] (2006) EWHC 1341 (TCC)
[6] (2005) PNLR 9
[7] (2005) All ER (D) 06 Jan
[8] 2005 (unreported)
[9] (unreported)
[10] (2001) NPC 39
[11] (2000) Lloyds Rep PN 736
[12] 28 June 2000
[13] (2001) EWCA Civ 1262
[14] (2002) EWHC 2265 (TCC) and (2003) EWCA Civ 1127
[15] (2003) EWCA Crim 458
[16] (2005) EWCA Civ 1734


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