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Nicola Borthwick

Senior Associate (registered with the Law Society of Scotland)


Business Disputes, Technology, Media & Telecommunications


Intellectual PropertyLitigation & Dispute Resolution

Nicola has experience at a management level of all aspects of dispute resolution including pre-action advice, mediation and litigation.

Nicola's particular areas of specialism are contentious intellectual property (trade marks, design and copyright) and breach of confidence claims where she has experience of advising clients from start-ups to multinationals and PLCs and in a broad range of sectors including renewables, house-building, fashion, food and drink, leisure and manufacturing.

She also advises clients in the technology industry, particularly in relation to distressed IT delivery contracts and IT-related disputes.

Nicola is registered with The Law Society of Scotland.


  • SAS Institute Inc. v. World Programming Limited: Acted for the successful defendant in this leading authority on the scope of protection afforded by copyright to software and, in particular, to the functionality of a computer programme
  • Acted for one of the UK’s largest data centre in respect of an action brought against it for breach of contract by a former customer and the client’s counter-claim for wrongful termination of the agreement
  • Acted for an international software company in a multi-million pound dispute regarding its delivery of a software and IT contract to an authority
  • Acted for an international technology company specialising in the delivery of software and related services in respect of the infringement of its trade marks and trading style (registered trade mark infringement and passing off) by a competitor software company