Andrew advises clients across both public and private sectors in relation to all litigious matters. His experience incorporates litigation at Sheriff Court and Court of Session level, principally contractual and property disputes, as well as actions at both the Scottish Land Court and the Lands Tribunal for Scotland.
Andrew regularly represents clients in the Sheriff Courts throughout Scotland, including Commercial Actions, and at the Lands Tribunal for Scotland and Scottish Land Court. Through his experience in complex litigations, Andrew has developed forensic analytical skills, reviewing substantial volumes of documents and preparing reports on relevant facts, legal issues and prospects of success.
He also has experience representing clients in quasi-judicial proceedings, including making written and oral representations to the First-tier Tribunal for Scotland and various disciplinary panels of regulatory bodies.
Andrew sits part-time as a Legal Member of the First-tier Tribunal (Housing and Property Chamber).
Recent work highlights include:
- Advising Loch Lomond and the Trossachs National Park Authority in their successful appeal to the Sheriff Appeal Court against a decision to quash an Access Rights Enforcement Notice under the Land Reform (Scotland) Act 2003 (reported case: Loch Lomond and the Trossachs National Park Authority v Renyana Stahl Anstalt, 2017 S.L.T. (Sh Ct) 138), and the subsequent appeal to the Inner House of the Court of Session (reported case: Renyana Stahl Anstalt v Loch Lomond and the Trossachs National Park Authority, 2018 S.L.T. 331).
- Successfully advising and representing Inverclyde Council in an appeal to the Sheriff Principal on the validity of pre-irritancy notices (reported case: Inverclyde Council v Prince of Wales Bar, 2015 Hous. L.R. 14).
- Advising Scottish Natural Heritage in their successful defense of an appeal to the Scottish Land Court by an owner of fishing rights concerning their refusal of consent to repair and replacement of croys and revetments in the River Tummel (reported case: Tummel Valley Leisure Limited v Scottish Natural Heritage, 2015 S.L.T. (Land Ct.) 117).
Andrew is recognised by Chambers UK as an “Up and Coming” lawyer in the Real Estate Litigation sector. The Legal 500 lists Andrew as a “Recommended Lawyer” in Commercial Litigation and Property Litigation.
"Andrew Upton is an excellent lawyer with impeccable instincts – knows when to twist and when to stick."
"Andrew Upton is a very good real estate litigator."
"Andrew is capable and sensible."
"Andrew Upton is very knowledgeable and confident in how he advises us."
"He has throughout my involvement shown a detailed and comprehensive understanding of the issues. He's proactive and responds promptly. I am personally very happy to rely on his expertise."
"A very strong team, led by the ultra impressive Andrew Upton. They exude competence and are very highly regarded across the market."
"I have been very impressed with the way Andrew and his team have assembled the material and have identified and prioritised the issues."
"Andrew Upton is a very talented lawyer with vast experience in property litigation (a subject on which he regularly lectures). His attention to detail marks him out."
"In the sometimes dense world of dilapidation's disputes, for example, there is no point which will escape Andrew Upton's eye. The perfect combination of smart and street smart."
"Andrew communicates in a clear and well-informed way."
"Andrew Upton knows when to twist and when to fold. His instincts are impeccable. And he will fight harder for his clients than almost anyone I have encountered. Hugely impressive."
Increased investment in Scottish commercial property
Thou shalt not pass - servitude rights on single track roads
Pulling Back the Curtain on Title Conditions
How do you deal with boundary disputes?
Coronavirus: protection from termination of commercial leases in Scotland - update
Coronavirus Ramblings: What is "responsible access" during lockdown?
Intolerable Isolation: Dealing with Neighbour Disputes during Covid-19