Elaine Smith

M9 Fatal Accident Inquiry
Junior to Gavin Anderson KC for the Crown in the fatal accident inquiry into the deaths of Lamara Bell and John Yuill.  Involved extensively in preparation in advance of inquiry which included drafting various court orders dealing with how documents and statements should be treated by the inquiry, contempt of court orders and the drafting of five joint minutes.

Fatal Accident Inquiry into the deaths of Katie Allan and William Brown
Lead by Mark Stewart KC, Elaine was instructed as junior counsel to represent the interests of William Brown’s father.  William tragically died while on remand at HMP YOI Polmont.  Case remains ongoing.   

FAI into the death of Kenneth Heron
Elaine was instructed to represent the widow of the late Kenneth Heron at the Fatal Accident Inquiry looking at the circumstances of his death at work.  The Court accepted various criticisms could be make of the system of work and training.

Angela Kelly v Dundee City Council
Elaine was instructed for the successful pursuer in action for damaged following an accident at work.  Liability was denied throughout the case with a live dispute as to the extent of an employer’s duty of reasonable care at common law.  Court accepted the submission made for the pursuer that an employer will conduct a risk assessment so that suitable precautions can be taken to avoid an injury to its employees.

Courtney Sloan v Keira Wilson, Unreported, Sh A Cubie, Glasgow Sheriff Court, May 2021
Appeared as Solicitor for the pursuer in a contentious opposed motion regarding certification of a Consultant Psychologist. Defender’s position was that certification should not be granted as the pursuer’s psychological symptoms were fabricated. Successfully resisted the opposition.

Hannaway v Discount Trade Windows Limited and Others [2020] SAC (Civ) 8
Instructing agent for the applicant and appellant in a Summary Application seeking to recover an employer’s liability insurance policy from a company in administration.  Question before the Sheriff Appeal Court was whether the Sheriff had erred in concluding that it could not be said an action was likely to be brought under the Third Parties (Rights against Insurers) Act 2010 where the company was not yet a relevant person in terms of the 2010 Act.