Profile
Year of Call: 1986 | Year of Silk: 2000
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Iain Armstrong QC
GENERAL INFORMATION
Vice-Dean of Faculty (2008 - )
Crown Counsel (2000 - 2003)
Standing Junior Counsel to the Department of Social Security (1998 - 2000)
Clerk of Faculty (1995-1999)
Dip.LP (University of Glasgow)(1981) LL.B (University of Glasgow) (1980)
PRACTICE
Experience over a broad spectrum of law, both civil and criminal. As a full-time Advocate-depute he prosecuted all types of serious crime and appeared regularly before the Court of Criminal Appeal. Since taking silk, as before, his practice is predominantly civil. His principal fields of practice are:
- Personal Injury
- Clinical Negligence
- Professional Negligence
- Insurance
- Health and Safety
- Commercial
In addition to every level of domestic court, both civil and criminal, he has experience of fatal accident inquiries, planning inquiries and criminal injuries compensation hearings, and has appeared before employment tribunals, the Employment Appeal Tribunal, the Social Security Commissioners and the Privy Council. He has appeared before the Court of Session sitting abroad in Vilnius, Lithuania and in New Brunswick, Canada.
He is regularly instructed in personal injury cases on behalf of both pursuers and defenders and has extensive experience of high value cases involving catastrophic injury.
He has trained as a mediator under the auspices of Mediation Forum Ireland and has acted variously as a skills instructor and assessor of intrants to the Faculty of Advocates. He was formerly one of the pool of three prosecuting counsel for the purposes of the Faculty of Advocates' disciplinary rules.
SELECTED CASES
Reparation and Insurance
- McLelland v Muir (2008) RTA; paraplegia; provisional damages; £4M claim.
- McEwan v Ayrshire & Arran Acute Hospitals NHS Trust (2008) Clinical negligence; post-operative necrotising fasciitis.
- Cusiter v Bologna & Grampian Police (2008)
Catastrophic brain damage, permanent minimally conscious state (MCS), multi-million pound settlement. - Gaynor v Andrew (2007)
Somatoform disorder manifesting as back pain. - Carter v Carter & Ors (2005, 2007)
Delayed onset stroke following RTA; traumatic laminar dissection of vertebral artery. - Slessor v Vetco Gray UK Ltd & Ors (2006)
Construction of tripartite mutual indemnity. - Dodds v MOD (2006)
Extent of appropriate safeguards during physical training of service personnel - Duncan v Walshe and Whittle Mover Ltd (2003, 2005)
RTA - Smith v McGuinness (2004) RTA
- Phillip v Kvaerner Govan (2001)
Credibility; somatoform disorder/back injury - Shetland Sea Farms v IOPCF & Ors (1999, 2000, 2001)
For International Oil Pollution Compensation Fund, following grounding of tanker at sea.
Judicial Review
- Lothian & Borders Police Board v Smillie 2008 SLT 1081
- Strathclyde Joint Police Board v McKinlay 2005 SLT 764
- Lothian & Borders Police Board v Macdonald 2004 SLT 1295
- Lothian & Borders Police Board v West 2004 SLT 1017
Other Areas
- Torremar v CGU Bonus (2008) Insurance; repudiation of policy; alleged fraudulent claim re. hotel fire.
- Speirs v Ruddy (2007)
Privy Council; HRA Art.6 remedy where unreasonable pre-conviction
delay - Cruikshank (Farmers) Ltd v Royal Bank of Scotland & Ors. (2007)
Commercial agency; constructive trust in banking law - Sinclair v HMA (2005)
- Holland v HMA (2005)
Privy Council; disclosure; human rights aspects of dock identification. - Hillhouse, Petitioner (2004)
- Nairn, Petitioner (2004)
Authorisation of experimental treatment of vCJD
PROFESSIONAL MEMBERSHIPS
- Member of Faculty of Advocates Personal Injury Law Group
- Member of Faculty of Advocates Criminal Bar Association
- Member of Standing Committee on Legal Education in Scotland (1995 - 1999)