Education & Professional Qualifications
PhD, University of Strathclyde (1989)
LLB, University of Glasgow (1978)
Professional Career to date
Devil Masters: The Hon. Lord Reed, Colin Tyre QC, The Hon. Lord Bracadale.
1994: Year of call
January 1993 - December 1993: W & J Burness, Solicitors
Professional Experience
Alistair Clark initially followed a career as an academic and was a Senior Lecturer teaching mainly company and commercial law to LLB students and postgraduates. On coming to the Bar he established a busy practice, frequently dealing with complex cases, and he has gained extensive experience mainly in commercial litigation but also in intellectual property law and in occasionally high-profile defamation cases.
As a junior he conducted many actions, often of a substantial nature, on his own but he also acted with a large number of highly-experienced and able senior counsel. Since taking Silk in 2007, he has been regularly engaged in high-value litigations of a commercial nature. His practice is heavily court-based and he has conducted a wide range of debates, proofs, jury trials, appeals and reclaiming motions, as well as having acted in commercial mediations. He also has extensive expertise in the full range of written work which his areas of practice entail. He has occasionally acted as an ad-hoc advocate depute, successfully prosecuting cases in the High Court involving murder and firearms offences, and conducting trials involving a range of other serious crimes.
He acts mainly for companies and local authorities and his primary focus is on litigation in the Court of Session. For many years, he has been regularly instructed in cases in the Commercial Court and he has gained substantial experience in the workings and procedures of that court.
Courts & Tribunal Experience
Supreme Court; House of Lords; Court of Session (Inner and Outer House); Lands Tribunal for Scotland; Sheriff Court; International Commercial Arbitrations; Mediations.
Cases
The undernoted cases can be accessed by using the following link:
http://www.scotcourts.gov.uk/opinionsApp/supreme.asp
Commercial law
Macdonald Estates plc v National Car Parks Ltd 2010 SLT 36
Acted on behalf of the respondents National Car Parks Ltd in a petition for judicial review, before the Lord Ordinary and reclaimed to the Inner House, whereby the pursuers sought review of a decision by an independent expert that he had acted in the capacity of arbiter and hence could state a case for decision by the Inner House.
Farstad Shipping AS v Enviroco Ltd 2008 SLT 703, 2009 SLT 580, 2010 SLT 994
Acted on behalf of pursuers in a commercial action, ultimately appealed to the Supreme Court, concerning claim for damages and repair costs in relation to damage caused by a fire on board an oil supply vessel. The main issue was whether the terms of a contract between the pursuers and the third party resulted in the defenders being unable to claim relief from the third party. The Lord Ordinary found in favour of the pursuers after debate, but the defenders successfully reclaimed. The Supreme Court unanimously allowed the pursuers' appeal.
Hamilton v Allied Domecq plc 1999 SLT 157, 2001 SC 829, 2004 SLT 191, 2006 SC 221, [2007] UKHL 73
Durkin v DGS Retail Ltd and HFC Bank plc
Acted on behalf of appellants in appeal against award of damages based upon negligent misrepresentation in context of consumer credit agreement.
R & D Construction Group Ltd v Hallam Land Management Ltd
Acted on behalf of pursuers before the Lord Ordinary and in reclaiming motion to the First Division of the Inner House, in a proof concerning whether the defenders were in breach of contract, the issues being (i) whether the contractual provision was of no effect because it amounted to an agreement to agree; (ii) whether the defenders had failed to use all reasonable endeavours to reach a wholly acceptable agreement with a third party.
EDI Central Ltd v National Car Parks Ltd
Acted on behalf of defenders in a commercial action concerning whether the pursuers had exercised all reasonable endeavours in relation to a development agreement.
Lonedale Ltd v Scottish Motor Auction (Holdings) Ltd
Acted on behalf of pursuers in a debate concerning a claim for damages for breach of warranties in a share purchase agreement.
Acted in proof and reclaiming motion and conducted appeal to the House of Lords in case involving claim for damages for negligent misrepresentation.
William Lippe (Architects) Ltd v James Innes Acted for defender in commercial contract proof in Commercial Court.
Smith v Honda Motors (Europe) Ltd
Acting for defenders in claim for damages for alleged negligent misrepresentation.
Intellectual property law
Nigel Buchanan v Alba Diagnostics Ltd 2004 SLT 255 (HL)
Acted for defenders in patent action involving four-week proof and ten-day reclaiming motion, and as junior in House of Lords.
Defamation
Sheridan v News Group Newspapers Ltd (2006, unreported)
Acting for defenders as Junior in five-week jury trial and in appeal to Inner House.
Barry and Clinton v News Group Newspapers Ltd 1999 SLT 590
Acted for defenders as Junior in jury trial.
Other
Sheltered Housing Management Ltd v Bon Accord Properties Ltd
Acted for appellants in case before the Lands Tribunal and appeal to the Inner House concerning construction of provisions of the Title Conditions (Scotland) Act 2003.
Pentland-Clark v Wilson and Others
Acting for defenders in claim concerning duties of executors.
Publications
Book
Product Liability (Sweet & Maxwell, Modern Legal Studies series, 1989)
Various articles in legal journals, eg:
The Conceptual Basis of Product Liability 48 MLR 325
The Consumer Protection Act 1987 50 MLR 622
All-Sums Retention of Title 1991 SLT 155
Will English Romalpa Clauses Become Registrable Securities? 54 CLJ 43 (co-author)
As contributor
Insider Dealing - Stair Encyclopaedia, Vol 12
Cautionary Obligations and Representation as to Credit - Stair Encyclopaedia, Vol 3 (co-author)
Directories
Recommended in Chambers UK from 2008 to date as a "Leader of the Bar" in commercial dispute resolution.
Recommended in Legal 500 for commercial litigation.
Additional Information
Formerly Senior Lecturer in Law, Law School, University of Strathclyde
Formerly Reporter to Scottish Legal Aid Board
Member of Faculty of Advocates Disciplinary Tribunal