Carolyn is qualified to practise and represent clients in courts in Scotland as well as England and Wales.
Carolyn handles a broad range of civil disputes, having specialised in litigation in Scotland for over 20 years.
She has considerable experience in advocacy, having conducted many Sheriff Court cases across the country.
Carolyn’s practice in Scotland covers a range of commercial and contractual disputes, with a particular focus on contested executry estate and real estate litigation. She has extensive experience in a wide range of trust and executry disputes, providing advice to executors, potential claimants and beneficiaries with the aim of ensuring that any challenge to a will can be resolved quickly. She regularly acts for clients in court actions involving the appointment of a financial and /or welfare guardian.
She regularly advises clients in relation to the interpretation of wills, proving the tenor of lost will proceedings, the removal of executors and legal rights claims for both pursuers (claimants) and executors.
Being dual-qualified, Carolyn also undertakes cross-border work involving contentious executry matters governed by English law, including providing advice on the Inheritance (Provision of Family and Dependants) Act 1975.
Carolyn heads up the Real Estate litigation team, who advise on high value dilapidation claims, refusal of landlord’s consent and disputed rent reviews. She also handles complex interdict and breach of interdict actions, contamination of land disputes, issues relating to recovery of heritable property, access rights and general landlord and tenant disputes. She deals with cases involving neighbour disputes, boundary and title condition issues, as well as nuisance and breach of missives.
More recently, Carolyn has been advising and representing clients in court on landlord and tenant / occupier issues arising out of the Electronics Communications Code, defending applications by telecoms operators raised in the Lands Tribunal for Scotland.
Carolyn is also responsible for dealing with and leads on all English law disputes on behalf of Harper Macleod’s clients, predominantly contractual disputes, acting for both claimants and defendants, in the County Court, the Chancery Division and Commercial Court of the High Court of Justice.
Carolyn is qualified as a mediator, having successfully undertaken and completed the course of training and assessment in Mediation, Negotiation and Conflict Management Skills provided by Core. Carolyn offers impartial and independent mediation services to any parties who wish to seek to resolve their differences in a mediation process rather than embark upon court proceedings.
Carolyn practises in sports law and sits on the Board as Honorary Legal Adviser to Commonwealth Games Scotland. She is responsible for providing advice on legal and constitutional issues to the Board of CGS, in relation to selection, preparation and management of Scotland’s team for the main games and the Commonwealth Youth Games. Carolyn is also Chairperson of the Conduct in Sport Panel for Scottish Gymnastics.
The Legal 500 lists Carolyn as a “Recommended Lawyer” in Property Litigation, Sport and Commercial Litigation.
“Harper Macleod LLP has ‘some excellent people’, with Carolyn Morgan among the names to note.”