Public Law
MacFadyen v Scottish Ministers and others [2024] CSOH 82; 2024 SLT 963 – counsel for Scottish Ministers (with Paul Reid KC) – action for declarator and damages under Human Rights Act 1998 – Article 2 – Right to life – prison restraint – whether to sist action pending related criminal investigation
AB v Scottish Ministers [2024] CSOH 30; 2024 SLT 331 – counsel for Scottish Ministers (with Christine O’Neill KC) – judicial review of licence conditions imposed by Scottish Ministers – conditions subjecting prisoner to mental health care – whether conditions sufficiently certain – Articles 5 and 8 ECHR.
Burns v Scottish Ministers [2024] CSOH 6; 2024 SLT 101 – counsel for Scottish Ministers (with Douglas Ross KC) – judicial review of the system of ‘First Grant of Temporary Release’ within prison estate – discrimination between discretionary life sentence prisoners and OLR prisoners
Beggs v Parole Board for Scotland [2023] CSOH 83; 2024 SLT 267 – counsel for the Scottish Ministers – judicial review of a decision of the Parole Board – independence of Parole Board from the executive – whether a ‘court’ in terms of Article 5(4), ECHR
Greene King Ltd v Lord Advocate [2023] CSIH 27; 2023 SC 311 – counsel for the Lord Advocate (with Ruth Crawford KC) – challenge to legislative competence of the Tied Pubs (Scotland) Act 2021 – reserved matters – competition law
O v Locality Reporter Manager [2022] CSIH 50; 2023 SC 39 - counsel for the Children’s Reporter in appeal to Inner House – habitual residence – request to transfer proceedings to other Member State under Brussels II bis
Avaaz Foundation v Scottish Ministers [2021] CSOH 119; 2022 SLT 334 counsel for the Scottish Ministers (with Ruth Crawford QC) – judicial review – proceeds of crime – unexplained wealth orders – role of the Lord Advocate)
R v Chief Constable of the Police Service of Scotland [2021] CSOH 73; 2022 SLT 793 counsel for Chief Constable (with Maria Maguire QC) in judicial review – disciplinary proceedings
McCue’s Guardian v Glasgow City Council [2020] CSIH 51; 2021 SC 107 - counsel for the public interest intervener, the Scottish Public Services Ombudsman, in a reclaiming motion before the Second Division– judicial review – alternative remedy – whether petition for judicial review competent
Beggs v Scottish Information Commissioner [2018] CSIH 80; 2019 SC 247 - appeared for respondent in appeal to First Division – freedom of information – vexatious requests
ABC v Principal Reporter and the Lord Advocate [2018] CSIH 71; 2019 SC 186 - appeared for Principal Reporter (with Gerry Moynihan QC) in appeal to First Division – compatibility of relevant person status in the Children’s Hearings system
Health & Safety and Criminal
Lord Advocate’s References (Nos 2 and 3 of 2023) [2024] HCJAC 43; 2024 SLT 1207 – appeared with the Lord Advocate (and Paul Harvey AD and David Blair) in References to the High Court of Justiciary – corroboration – de recenti statements.
Lord Advocate’s Reference (No 1 of 2023) [2023] HCJAC 40; 2024 JC 140 – appeared with the Lord Advocate (and Paul Harvey AD) in Reference to the High Court of Justiciary by the Lord Advocate – corroboration – distress - de recenti statements.
HMA v Network Rail Infrastructure Ltd – High Court of Justiciary, 2023 – instructed by Network Rail (with Peter Gray KC) in prosecution brought under Section 3 of the HSWA 1974 arising from the derailment of a train at Carmont, Aberdeenshire and the subsequent deaths of 3 individuals, and injury to others.
HM Inspector of Health & Safety v Chevron North Sea Ltd 2018 SC (UKSC) 132 - instructing solicitor – health and safety – prohibition notices – admissibility of evidence
Inquiries
Inquiry into the death of William Hume (3 day FAI, Sheriff McCrossan, Peterhead, 2019)
Inquiry into the death of Raygen Merchant (6 day FAI, Sheriff Mundy, Falkirk, 2018)
Inquiry into the death of Colin Penrose (14 day FAI, Sheriff Principal Turnbull, Glasgow, 2017)
Inquiry into the death of Jason Jackson (9 day FAI, Sheriff Foulis, Perth, 2016/2017)
Reparation
Ramsay v Chief Constable, Lord Advocate and others [2024] SAC – unreported – counsel for Lord Advocate in appeal to Sheriff Appeal Court against decision of sheriff to dismiss damages action against various emanations of the state.
X v Brown [2024] CSIH 6, [2023] CSOH 17; 2024 SC 309, 2023 SC 235 – counsel for the Lord Advocate (with Kay Springham KC) in debate and reclaiming motion – action for damages against Sheriff and Lord Advocate – vicarious liability of Lord Advocate for delicts allegedly committed by Sheriff. Appeal to UK Supreme Court pending.
Morrison v Mapfre Middlesea Insurance plc [2022] CSIH 45; 2023 SC 97 – counsel for reclaimer (with Alasdair McKenzie KC) in reclaiming motion before First Division – action for reparation following bus crash in Malta - state immunity – separate entities – whether acting in exercise of sovereign authority
Ramsay v Chief Constable and Lord Advocate [2022] SAC – unreported – counsel for Lord advocate in appeal to Sheriff Appeal Court against decision of sheriff to dismiss damages action at debate – damages sought in connection with Crown’s investigation into alleged criminality
McCann v Dumfries & Galloway Council 2021 SC EDIN 36 - counsel for the pursuer in occupiers’ liability case against local authority
Daniel Kaizer v Scottish Ministers 2018 SC 491 (instructing solicitor – liability of prison authorities for assault by one prisoner on another)
