James McGachie

James Mih-gah-kayPartner

An absolute expert in his field – commercially focused and pragmatic – audited our approach with a 'critical friend' eye and comfortable to challenge thinking.

— Head of HR delivery, international outsourcing and development company

Emailjames.mcgachie@dlapiper.com

Call+44 131 345 5135

Edinburgh

About

Areas of FocusConsumer Goods, Food and Retail Financial Services Infrastructure, Construction and Transport Technology Litigation, Arbitration and Investigations

Professional QualificationsAdmitted as a Solicitor with the Law Society of Scotland

EXPERIENCE

Advising an international outsourcing company in responding to a number of significant losses of highly sensitive personal data relating to vulnerable adults, and assisting in notification to the ICO and to affected data subjects; the regulator was sufficiently satisfied with the response to take no regulatory action when a significant fine was a potential response.
Advising an international fast moving consumer goods business in responding to a malware attack using the PYSA ransomware vector in the client’s UK and African IT estate; working with IT forensics James developed a remedial and containment strategy and provided all advice on the client’s regulatory obligations as a consequence of the incident.
Advising an online dating website in responding to, and resolving, a claim for damages for distress received from a known author of class action litigation pertaining to allegations of unlawful data processing alleged to have occurred by way of marketing communications: assisting in reaching a negotiated settlement in respect of a matter that could have had wider precedent ramifications.
Advising a pub owning business in relation to a number of both commercial and regulatory matters, in particular all interactions with the office of the Pubs Code Adjudicator since its creation in 2016 and the Pubs Code regime that affords certain new rights to its tenants. This work has included representing the business in all Pubs Code arbitrators with its tenants; and advising on all aspects of the Tied Pubs (Scotland) Bill which would introduce a broadly analogous regime in Scotland, including the preparation of legislative amendments based on our experience of the regime in England and Wales.
Advising China Petroleum & Chemical Corporation (SINOPEC), the Chinese state oil company, in defending a multi-million claim for damages raised by a Norwegian company at the Court of Session in Edinburgh over a contractual dispute concerning the management of a semi-submersible oil rig in the North Sea. The dispute had been ongoing for fifteen years, including previous arbitral proceedings, before representation was transferred to DLA Piper and had amassed in the region of 300,000 documents in its lifetime. James managed a team that required to quickly familiarize itself with the history and commercial drivers behind the dispute, liaising extensively via video link from key stakeholders and witnesses based in Beijing. The dispute settled on terms favourable to our client within nine months of our initial instruction.
Advising a major waste management company in utilising the freedom of information regime in terms of the clients’ interests and making a number of freedom of information requests, followed by successful appeals (Decisions 230/2016, 231/2016, 125/2017, 156/2017) to the Scottish Information Commissioner in furtherance of the refusal to provide certain information in response to these requests.
Advising a participant in relation to the Glasgow Clutha helicopter crash in 2013, including representation at a Fatal Accident Inquiry that commenced in April 2019 and which attracted significant public and media attention; no findings or recommendations were made against our clients (FAI Determination by Sheriff Principal Turnbull [2019] FAI 46).
Advising a participant in relation to the 2020 Fatal Accident Inquiry in relation to deaths that occurred following the ditching of a Super Puma Helicopter in Sumburgh in August 2013 – the first hearing of its kind to be heard by way of a virtual platform (FAI Determination by Sheriff Principal Pyle [2020] FAI 34).
Advising an international outsourcing business in relation to the procurement challenge raised by an unsuccessful bidder in relation to the decision of the Scottish Ministers to award a contract for the provision of ferry services to the Northern Isles to SERCO: the proceedings were ultimately successfully defended (Shetland Line (1984) Limited v Scottish Ministers [2012] CSOH 99).
Advising a public body in carrying out a number of both statutory and non-statutory inquiries and investigations on behalf of in relation to governance within further education colleges which attracted significant public interest. This included acting on the body's behalf in conducting a review which proceeded under the body's recently introduced statutory powers to assess the fitness for practice of governance and management procedures within a college and which led to the Scottish Ministers exercising, for the first time, the power to review the Board of a College, a challenge to which was successfully defended (see [2017] CSOH 45). This role included advising on the scope/terms of reference of each investigation/inquiry; devising and executing the methodology; carrying out interviews with key stakeholders and witnesses; and preparing the report.