James Hastie

Year of Call 2004

James has a busy reparation practice in which he acts for both pursuers and defenders.

James is particularly experienced in accident claims (including Workplace and Occupier’s Liability and tripping cases), road traffic claims (including fatal, LVI and Credit Hire cases) and industrial disease claims.

While reparation forms the mainstay of James' practice, he continues to be instructed in other areas including professional negligence claims, clinical negligence claims (mainly for the CLO), fatal accident inquiries and commercial matters. James has appeared in the Sheriff Court (including the All-Scotland Personal Injury Court), Sheriff Appeal Court, the Court of Session and the Supreme Court.

He was appointed a part-time Summary Sheriff in January 2022.

Representative Cases

Fiona Burnett or Grant v International Insurance Company of Hannover [2021] UKSC 12 (Supreme Court), 2019 SC 379 (Inner House), 2018 SLT 472 (Outer House)
Acting as junior for the pursuer in a damages’ claim following the death of her husband, who was choked to death by a bouncer outside a bar in Aberdeen. The issue was whether the insurers were able to avoid or limit liability under their policy in terms of the Third Party (Rights Against Insurers) Act 2010. The insurers’ appeal to the Supreme Court was unsuccessful.

Chisholm v Mehmood 2020 Rep LR 20 (All Scotland Sheriff Personal Injury Court)
Acting for the defender’s insurer in a claim arising out of a road traffic accident. The defender was absolved because the pursuer failed to prove he was driving at the time.

Shade v Young 2019 SAC (Civ) 22
Acting for defender in a case concerned with the interpretation of a personal guarantee.

Grubb v Findlay 2017 CSOH 81
Acting as junior for the pursuer in a case where the defenders sought to argue fundamental dishonesty on the part of the pursuer such as to negate his proved entitlement to damages.

Phenrisai v Yukitan 2017 SLT 631
Acting as junior for the pursuer, a former Buddhist monk, who claimed damages following a road traffic accident. He was a passenger in the car in which the 3 other occupants were killed.

Prescott v St Andrews University 2016 CSOH 3
Acting as junior for the pursuer, a lecturer at St Andrews University, who claimed damages following a diagnosis of mesothelioma alleging exposure to asbestos during the refurbishment of one of the buildings at the University.      

Anderson v Brig Brae 2015 (Jury Trial)
Acting as junior for the pursuers who sought damages following a fatality at work involving a quad bike stored in a garage. The widow and the infant child were awarded the then highest section 4(3) awards by a Scottish court – the widow’s award remains the highest such award and the infant child’s award was recently approved by Lord Tyre in McCulloch v Forth Valley Health Boards 2020 CSOH 40.

Stevenson v Chief Constable 2015 CSOH 16
Acting for a police officer in her claim for damages against her employer following injury during a restraint training exercise.

Contact Us

  • Compass Chambers
    Parliament House
    EH1 1RF