Compass Chambers

Andrew Smith QC

GENERAL INFORMATION

LLB (Hons) 2:1 Dundee University 1985

Diploma in Legal Practice Dundee University 1986

Diploma in Advanced Legal Studies Edinburgh University 1987

Barrister (Gray's Inn) as of November 2006

Languages: basic French.

OTHER APPOINTMENTS

In November 2002, Andrew was appointed as the "Appointed Person" in terms of the Proceeds of Crime Act 2002 and remains in that position at the present time. The position requires receiving reports from Police Forces and HM Customs and Revenue in Scotland in respect of searches in terms of the Act, to ensure that they are Human Rights compliant; and thereafter preparing an annual report to the Scottish Ministers.

He regularly appears for the General Teaching Council for Scotland and has been appointed as an Assessor as such with the approval of the Lord President. He has acted as an assessor on a number of occasions, providing advice on substantive and procedural matters as cases progress at hearings.

Appearances for the GTC include representing their interests on a number of occasions in the Inner House on appeal, and providing advice to them regarding the constitution and application of the Rules for discipline. He is also instructed to assist the current process of complete revision of the governing legislation, in presenting representations to the Scottish Executive. He also advises in relation to the impact of the Freedom of Information Act, Data Protection Act and legislation concerning the protection of children.

He has prosecuted before the General Medical Council in London.

QUALIFICATION IN ENGLAND & WALES

Andrew is a qualified barrister (since 2006, having completed the Bar exams and pupillage) and a member of Crown Office Chambers, a leading set of barristers in London. A link to their site is provided on this web site.  Crown Office Chambers is the largest set in London of PI practitioners. Andrew has appeared in English courts on a number of occasions, and has a sound working knowledge of the CPR and procedures in English courts.

 

EXPERIENCE

Personal Injury work is approximately half of his workload. He appears predominantly in the Court of Session, but occasionally in the Sheriff Courts. He has run to proof probably in excess of three hundred cases, many of which are reported.

Court cases include appearances regarding both liability and quantum. Types of case range from accident claims (of all types); disease claims; RSI cases and other environmental claims.

Andrew has a particular interest in neurological cases, including MS, Parkinsons disease, ME and other complex neurological conditions. He is also especially interested in cases involving brain injury of complex nature, leading to conditions such as cognitive dysfunction, complex regional pain syndrome, epilepsy, personality change and other similar disorders.

He has considerable experience of psychiatric injury claims and regularly is advised by expert psychiatrist witnesses.

Most cases he appears in relate to high damage cases, usually in the hundreds of thousands of pounds brackets as a minimum. He has wide experience of claims of maximum severity, including clinical negligence claims. He has pursued and defended in clinical negligence claims, and appeared in Fatal Accident Inquiries for doctors and for relatives of deceased persons when issues of proper medical practice have arisen.

In addition, he has appeared in approximately twenty civil jury trials (usually leading on his own even at the junior bar); proofs; appeals and reclaiming motions; the House of Lords and the Privy Council. Appearances in the Lords amount to five: Drummond & Co v The Scottish Legal Aid Board (relating to the interpretation of Advice and Assistance Regulations); The Accountant in Bankruptcy v The Keeper of the Registers and Chung (relating to correction of the Register of Titles, in which he appeared on his own as junior for the second respondent); Wisely v John Fulton Plumbers (concerning the application of interest to wage loss when benefits were received: case heard in conjunction with Wadey v Surrey CC); leading in Simmons v British Steel concerning principles of appeal; causation; and damages for psychiatric injury; and leading in Mitchell v Glasgow City Council, concerning the obligations of a public authority for wrongful acts of one of their tenants. The case involved allegations of breaches of the ECHR by the local authority and common law negligence. The appeal was successful in the HL. Appearance before the Privy Council was leading in the case of Sinclair v HMA concerning allegations of breach of article 6 of the ECHR. The Appellant was successful and, for the first time in a Privy Council appeal from Scotland, the conviction was quashed.

Consequent hearings before the Privy Council related to the liability of the Crown for expenses; and the liability of the Scottish Legal Aid Board for such costs. Two hearings were required to determine those issues. His particular interest in criminal matters relates to devolution issues (i.e. those concerning human rights matters).

Civil work is split, approximately half and half, as between pursuers and defenders.

Andrew regularly consults with insurers on policy issues, and has a reasonable insight into the difficulties and demands of the insurance industry, as well as public expectation in actions of damages.

He has a wide experience of other professional matters.

He has appeared in Sheriff Courts (at first instance and on Appeal to Sheriffs Principal) and the Court of Session in Commercial matters such as building contract cases; planning enquiries; company law matters; copyright cases; defamation cases; employment tribunals; partnership disputes; judicial review proceedings, in respect of a number of different matters that are too numerous to mention; Criminal Injuries Compensation hearings; and many other professional appearances that are diverse in nature.

He has worked in criminal cases (prosecution in the High Court of Justiciary (on an ad hoc basis since about 1995) and defence). Trials prosecuted include a number of murder cases; many rapes and attempted rapes; serious sexual assault cases; numerous drugs trials; numerous attempted murders, assaults and the miscellaneous crimes coming before the courts.

He has significant experience of proceedings relating to confiscation of Proceeds of Crime (principally derived from experience in Donnelly v HMA, the first proof under the preceding legislation). He has been instructed to represent administrative receivers in such matters, and companies alleged to be involved in "carousel fraud". He is also engaged in matters relating to search of solicitors offices by the Crown, with the consequent argument relating to confidentiality of seizures and losses incurred by the solicitors.

Experience of defence criminal work is more limited, but he has defended in five or so murder cases earlier in his career as a junior. More recent experience is with white collar crime and corporate crime comprising mainly Health and Safety prosecutions (for example HMA v Crummock Ltd). Such cases often involve Human Rights aspects. He has appeared in the Court of Criminal Appeal on a number of occasions, presenting arguments on a number of Human Rights matters.

He represented the pursuer in the notorious case of McKie v The Scottish Ministers and others, concerning an allegation of fabrication of fingerprint evidence against a police officer. He was instructed to and did appear with the pursuer at the Parliamentary Inquiry into the matter. He was an invited lecturer to the International Association of Investigators to discuss the case, at their conference in the USA in 2006. He regularly provides training to professional colleagues on damages, civil jury trials, and the science of fingerprinting. He appeared in the Public Inquiry in respect of that case, which lasted approximately six months, and represented seven different parties. 

He is also instructed on behalf of the pursuers in claims in respect of supply of Vioxx. The number of pursuers is approximately 300. He is working closely with counsel in Australia, Canada and the USA who are engaged in concurrent proceedings.

Andrew also appeared for the Isle of Man government in a commission to take evidence in Scotland in respect of the sinking of the Solway Harvester inquest, principally instructed by the senior coroner. He was invited to deliver a seminar to the Isle of Man Law Society on the Proceeds of Crime Act 2008 for that jurisdiction.

A full list of reported cases is available on request.

PROFESSIONAL MEMBERSHIPS

• Member of the Faculty of Advocates' Personal Injury Law Group
• Member of the Professional Negligence Bar Association
• Member of the Faculty of Advocates Council (2006 - date)
• Member of Gray's Inn, London (2006 - date)

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