“I help clients to resolve complex disputes in a pragmatic and down-to-earth way.”

Stephanie specialises in conflict resolution. As the head of our Rural, Residential and Private Wealth Disputes team, Stephanie advises on a variety of contentious matters in those sectors. She also supports clients in the real estate sector on a range of property disputes.

Rural and residential sectors

Although Stephanie focuses particularly on property disputes (including matters surrounding title conditions, public rights of responsible access, neighbour disputes, boundary disputes and nuisance claims) she advises on the full range of disputes that can arise in the rural and residential sectors. These might concern family farming partnerships, professional negligence, damages claims and debt recovery. As an expert in crofting law, she often helps clients with renewable energy projects on croft land.

Private wealth sector

Stephanie advises private clients in relation to a variety of contentious matters, such as challenges to wills, the removal of executors, actions of proving the tenor, and trust variations.

Real estate sector

Stephanie advises clients on the full range of property dispute work, including dilapidation claims, landlord and tenant disputes, title issues and complex property contract disputes.

Litigation

Stephanie’s focus is on resolving disputes without the need for formal action, and she is experienced in alternative dispute resolution, including mediation. If litigation is necessary, Stephanie has experience in all dispute resolution forums in Scotland and has managed disputes in the Court of Session, Sheriff Court, the Lands Tribunal for Scotland, the Scottish Land Court and the First-Tier Tribunal. She has experience in cases which have had the benefit of litigation funding, including before and after the event insurance.

Areas of practice include:

Sector experience includes:

Admitted

2011: Scotland

Relevant experience

Property disputes

Lead solicitor in Soulsby v Jones [2021] CSIH 48, a neighbour dispute in relation to the obstruction of various alleged servitude rights, including prescriptive servitudes and a servitude of necessity.
Acting for a housing developer in an application to the Lands Tribunal for discharge of several burdens on rural land preventing the construction of residential houses with a development value more than £10 million.
Successfully settling a high-value Court of Session ransom strip dispute that would have prevented our client from selling their Estate and farmland in a multimillion-pound development deal.
Lead solicitor in Wyness v Scottish Hydro Electric Power Distribution plc [LTS/COMP/2019/043], an application to the Lands Tribunal for disputed compensation arising from the grant of a necessary wayleave.
Acting for various estates on a variety of property disputes, including the right to roam, public rights of way, removal of unauthorised occupiers, termination of residential tenancies, title conditions and boundary/encroachment issues.

Crofting

Advising several developers and landowners in respect of applications to the Land Court for approval of (a) resumption of land from crofting tenure and (b) schemes for development, to allow renewable energy projects to be developed in croft and common grazing land. Projects include large and small scale windfarms (onshore and offshore), peatland restoration, hydro-schemes and battery storage.
Successfully pursuing an application to the Land Court on behalf of Strollamus Estate in the case of Macfarlane (St. Helier) Corporation v Marie MacInnes and others [2024] SLC 12 for declarator that an area of land on the Estate was not subject to crofting tenure, allowing the sale of the Estate to proceed. This application was defended by eight crofters.

Private wealth disputes

Acting for the trustees of a trust in raising a “Special Case” before the Court of Session in respect of an unidentifiable legatee.
Raising actions challenging the validity of wills where the testator may have lacked capacity, or was under undue influence, or due to a potentially fraudulent will.
Advising the judicial factor in a number of long running judicial factory cases, particularly on the management and distribution of complex estates, including on issues arising in relation to assets in multiple jurisdictions and capacity of beneficiaries.
Advising executor clients in respect of the unique requirements of succession in crofting executries.
Acting for a beneficiary in an estate where there was a dispute about domicile, and whether the beneficiary was entitled to legal rights.

”Shepherd and Wedderburn, in particular Stephanie Hepburn, has been exceptional. The attention to detail in everything has been above and beyond fantastic.”

Legal 500 (2024)