- Bankruptcy and Insolvency
- Commercial and Contract Disputes
- Employment Tribunals
- Executry disputes
- Intellectual Property Law
- Licensing Law
- Media Law (Defamation, Privacy, Copyright, Contempt of Court)
- Medical or Clinical Negligence
- Personal Injury and Fatal Accidents
- Professional Negligence
- Property Law and Conveyancing
Examples of Cases
Employment Tribunals
I acted for the deputy headmaster of Kerelaw School, Ayrshire, which was closed down by Glasgow City Council following investigations into mistreatment of young people. After a two week hearing, the tribunal held that the investigation was flawed and that the dismissal was unfair. Several other cases, and an independent inquiry, followed. Click here for the news story.
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Personal Injury and Fatal Accidents
- I regularly act for pursuers in cases involving serious personal injury, often resulting in substantial loss of earnings and a need for ongoing personal care.
- I have acted for a number of young people who suffered severe acquired brain injury before establishing any meaningful career path.
- I presented a talk on brain injury litigation to the "Brain Injury Rehabilitation in Scotland" conference in Glasgow in October, 2009.
- I have acted in many cases involving claims for loss of society and loss of support by relatives following fatal accidents. One such case proceeded as far as proof on the question of pension loss following conflicting actuarial evidence.
- I receive regular instructions to defend personal injury actions in the Court of Session on behalf of local authorities and, occasionally, insurers (eg McLellan v Dundee City Council 2009 Rep. L.R. 61 (suitability of work equipment)) .
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Medical or Clinical Negligence
- I have acted in complex medical negligence actions arising out of negligently performed surgery (two involving hepato-biliary (gall bladder) surgery).
- I have acted in two cases based on obstetric negligence following the death of a child in utero following prolonged pregnancy and labour.
- I acted for a pursuer who suffered a loss of sight as a result of ophthalmic negligence.
- I acted for a pursuer in a dental negligence case following the onset of osteoradionecrosis (ORN) following dental extraction.
- I acted for a pursuer who suffered serious brain damage following delayed medical treatment by his General Practitioner.
- I have advised in numerous cases based on alleged negligent treatment by a GP or hospital doctor.
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Media Law (Defamation, Privacy, Copyright, Contempt of Court)
- As legal adviser to The Scotsman and other newspapers, I gave regular pre-publication advise on issues of defamation, contempt of court and breach of copyright. In this capacity I reviewed and advised on many thousands of news stories.
- I have acted for both pursuers and defenders in defamation actions in both the Court of Session and Sheriff Courts.
- I have appeared in the High Court on behalf of the press to seek recall of reporting restrictions under the Contempt of Court Act 1981.
- I acted for Associated Newspapers in obtaining recall of an order by an Employment Tribunal preventing the identification of Kevin Costner as the celebrity involved in an incident at the St Andrews Old Course Hotel (click here for the story).
- I acted for Scotsman Publications in defending a group action by photographers claiming breach of copyright following internet use of their photographs.
- I obtained an interim interdict, at a weekend sitting of the Court, on behalf of a local authority against the Sunday Times newspaper based on breach of confidence.
- I acted for Scottish & Universal Newspapers in an action for breach of copyright following misuse of their masthead (Scottish & Universal Newspapers v Mack 2004 SCLR 127).
- I advised a public regulatory body about the defamation risks associated with the creation of an internet discussion forum.
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Licensing Law
- I have acted for licensing boards and for licensees in appeals following refusal of a liquor license based on the unsuitability of the premises, unfitness of the licensee or overprovision in terms of section 17 of the Licensing (Scotland) Act 1976 (eg BP Express Shopping Ltd v Perth and Kinross Licensing Board 2005 SLT 862).
- I have also acted for licensing boards and for licensees following the suspension of a liquor license in terms of section 31 of the Licensing (Scotland) Act 1976 (eg Curly Lloyds v Clackmannanshire Licensing Board [2007] 36 SLLP 26).
- I have also acted in appeals following the refusal of betting shop licenses and taxi licenses.
- In preparation for the Licensing (Scotland) Act 2005 coming into force, I obtained the Certificate in Liquor Licensing in 2006 and completed the Licensing Masterclass in 2007 and 2008.
- I have advised both licensing boards and licensees on specific issues arising from the terms of the 2005 Act (eg review provisions, licensable activities, duty to trade).
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Professional Negligence
- In addition to medical negligence cases (above) I have experience of cases involving allegations of negligence against other professionals including solicitors, surveyors, house builders and structural engineers.
- I acted for the pursuers in a five week proof based on alleged negligence in the diagnosis of Maedi Visna (MV) virus in a flock of pedigree sheep.
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Property Law and Conveyancing
- I regularly act in cases involving disputes over boundaries, title conditions, servitudes and breach of missives (many of which, by their nature, proceed to proof).
- I have acted in two novel cases in which property developers sought to enforce a verbal contract for purchase of land in reliance on section 1(3) of Requirements of Writing (Scotland) Act 1995.
- I acted for the pursuers in Barker v Lewis 2007 (Sh Ct) 48 which was the first case to interpret section 8(3)(a) of the Title Conditions (Scotland) Act 2003. The decision caused much controversy and academic discussion (see Professor Kenneth Reid, "Interest to Enforce Real Burdens: how material is material?", 2007 11 Edin LR 440 and Professor Robert Rennie, "Real Burdens - A Question of Interest" 2007 SLT News 89). The appeal to the Sheriff Principal is reported at 2008 SLT (Sh Ct) 17
- I acted for a local authority in their application for consent to dispose of property held for the common good (click here for the story).
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Intellectual Property Law
- I acted for the defenders in a long running litigation following an alleged breach of copyright in design drawing, and breach of design rights, for agricultural equipment. This involved a separate petition for recovery of documents and property under section 1 of the Administration of Justice (Scotland) Act 1972.
- I acted for Scottish & Universal Newspapers in an action for breach of copyright following misuse of their masthead (Scottish & Universal Newspapers v Mack 2004 SCLR 127).
- I acted for Scotsman Publications in defending a group action raised by photographers claiming breach of copyright following internet use of their photographs.
- I acted for a multi-national sales company in an action for interdict, damages and additional damages for breach of copyright in their marketing material.