Jim McLean

Jim McLean


Commercial Law


About Jim

As a newly-qualified lawyer when the UK joined what was then the EEC, I decided to learn about how EEC law would affect clients. The urgent need was to comply with the new (to the UK) competition law and I expanded this into the law of intellectual property law, licensing  know-how, trade marks and patents in Europe and further afield and dealing with distribution and commercial agency. At the same time I became involved in acting for banks lending against the security of North Sea oilfields.

Having studied English as well as Scots law, I could see what would and would not work in cross-border secured financing and I worked in that area for many years.

I was closely involved in litigation accompanying the conversion of a well-known bank into a listed company. And I planned the creation for a bank of pan-UK standard documentation. I have guided people through situations where the international situation meant that they were expected to obey laws of different countries that clashed with each other.

I have kept my European involvement too and was one of the first lawyers in Scotland to practise in the area of public procurement law and the closely related (but still often overlooked) area of state aid law. I have lectured and presented on these topics on many occasions in both University and professional contexts.  

Specialist area

Much of my experience is in finding solutions to problems that seem to be new to the law in general or new to the law in Scotland, especially ones with a cross border or international aspect. The range includes bank start ups, intellectual property, competition, and EU matters including public procurement and state aid.  I like to keep an eye on where the law is going and as a member of various Law Society of Scotland Committees and individually I have contributed to consultations on proposed law reforms.

Another speciality, arising out of my intellectual property work, is the law linking products to their place of origin. I have done work relative to certification and collective marks on a worldwide basis. 

I am also a member of various Law Society of Scotland Committees throughout my professional life, contributing to consultation responses particularly with an EU perspective.