Alastair Johnston
Senior Associate, Solicitor AdvocateAlastair is a Senior Associate, Notary Public and Solicitor Advocate within our Litigation Division which is one of the largest and most experienced litigation teams in Scotland.
Alastair has a particular interest and expertise in property litigation and contentious construction matters, particularly in cases involving professional negligence claims against professionals. During Alastair's career he has gained significant experience in sensitive commercial litigation and has successfully represented and advised clients in proceedings in the Sheriff Court, Sheriff Appeal Court, First Tier Tribunal for Scotland, Lands Tribunal for Scotland and the Scottish Land Court. As a Solicitor Advocate Alastair also has rights of audience to appear and represent clients in the Court of Session, the Supreme Court and the Judicial Committee of the Privy Council.
Alastair is comfortable working with a broad spectrum of clients and has been a principal point of contact for insurers, SMEs, government bodies, local authorities and private clients in a wide range of disputes.
Alastair is also a member of the Property Litigation Association.
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Interim interdicts a lesson for the unwary!
In Martin McGowan v Springfield Properties Ltd, the Court awarded £558,033 in damages after a contractor was wrongfully restrained by an interim interdict for five years. The case highlights that parties obtaining interdicts have a duty to remove them when no longer necessary and that damages can include loss of earnings, reputational harm, and distress. Springfield has indicated it intends to appeal.
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Who is 'in the frame' for insurance commission payments in commercial leases?
In London Trocadero v Picture House Cinemas [2025], the English High Court ruled that landlords cannot recover insurance commissions from tenants unless clearly authorised by the lease. Though not binding in Scotland, the case highlights a practice that may warrant scrutiny in Scottish commercial leases.
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Encroachment in Rural Developments
A recent dispute, in which this firm was instructed, involved servitude rights of access and alleged encroachment in the form of widened access roads. This case served as a helpful reminder of some of the issues that frequently crop up in such matters.