Education & Professional Qualifications
LLM University of Glasgow (1994)
LLB (Hons) University of Glasgow (1991)
Professional Career to date
Devil Masters: Derek A. Ogg QC, Andrew Smith, QC.
2006: Appointed Standing Junior Counsel to the Scottish Government
1999: Admitted to the Faculty of Advocates
Professional Experience
Alastair has been involved in a wide range of commercial litigation. He has a particular interest in professional liability and discipline in which areas he is recommended by the Legal 500. He regularly acts on behalf of solicitors, counsel and their professional indemnity insurers. He is also frequently instructed to act for, or sometimes to pursue, a wide range of professional people including surveyors, architects, engineers and financial professionals. Alastair has an interest in medical negligence and is regularly instructed to act on behalf of clinicians.
Alastair has acted for or advised a number of professional bodies in relation to disciplinary matters including the Law Society of Scotland, the General Medical Council and the Nursing and Midwifery Council. He has represented professional bodies at disciplinary hearings and he has also acted on behalf of those facing such proceedings.
The other areas of commercial litigation in which Alastair has advised and undertaken litigation include commercial contracts, banking, partnership disputes and sports law. Alastair is regularly instructed on behalf of banks and other lenders in the context of high-value disputes. He has acted and continues to act on behalf of solicitors involved in partnership disputes. As regards sports law he has acted for two professional footballers, one a current international and he has also acted on behalf of one of the leading Scottish football clubs in relation to a dispute with UEFA.
Alastair has an interest in public and administrative law and is a Standing Junior to the Scottish Government. He has acted for and advised various departments of the Scottish Government in relation to judicial review, statutory appeals and other administrative proceedings. Alastair also has experience of acting for and against local authorities. He has represented various charitable and religious bodies in actions for damages in relation to historic child abuse.
Courts & Tribunal Experience
All levels of the Scottish civil courts, including the House of Lords; High Court of Justiciary, including the appeal court; Various disciplinary hearings before professional bodies.
Appointments & Memberships
2006 (to date): Standing Junior to the Scottish Government.
Cases
Professional liability
Macduff Shellfish Ltd v Masson & Glennie [2007] CSOH 155 (professional negligence; insurance brokers)
Hay v Gourlay McBain [2009] PNLR 7 (professional negligence; solicitors; relevancy of losses sought; SAAMCO)
Tods Murray v Arakin [2010] CSOH 90 (professional negligence; solicitors; abuse of process)
Cheshire Mortgage Corporation v [name withheld] [case ongoing] (professional negligence; solicitors; test case; mortgage fraud; liability of solicitor where ignorant of fraud; liability on letter of obligation)
Platform Home Loans v [name withheld] [case abandoned] (professional negligence; solicitors; test case; liability of solicitor for losses including diminution to value of property caused by negligent overvaluation of properties by surveyor; strict liability; SAAMCO)
Dr PS v [name withheld] [case ongoing] (senior counsel sued for breach of race relations legislation in provision of advice and conduct of case)
E v [name withheld] [case abandoned by pursuer] (senior counsel sued for alleged defective representation; immunity from suit; causation)
P v [name withheld] [case ongoing] (counsel sued in respect of conduct of judicial review; title to sue)
Scottish Courage v Barr Brady [proceeded to proof in December 2010 & pursuer abandoned] (surveyor's negligence; reliance)
Hall v [name withheld] (solicitors' negligence; duty of care; causation; pursuers abandoned after 4 days of evidence)
Brian Welsh v [name withheld] [action resolved after proof] (medical negligence; professional footballer)
Robertson v Tayside Health Board [case ongoing] (medical negligence; foetal valproate syndrome)
Various opinions to Scottish and English professional indemnity insurers in relation to claims against solicitors.
Advice to RICS on single survey legislation
Advice to GMC
Gray v Professional Conduct Committee of the Nursing & Midwifery Council2009 SLT 779 (discipline; delay; article 6 of ECHR; appeal against conviction and sentence)
Nursing & Midwifery Council v [name withheld] (prosecution of manager of nursing home; serious neglect of elderly and infirm residents)
ICAS v [name withheld] (defence of chartered accountant accused of professional misconduct)
Law Society v Campbell Riddell Breeze Paterson [2007] CSIH 1 (discipline; inadequate service; appeal to Court of Session)
Various cases for and against Law Society of Scotland in relation to appointments of Judicial Factor.
Public Law, Judicial Review and Human Rights
G. v Argyll & Bute Council 2008 SLT 541 (education; placing request; judicial review)
S. v Argyll & Bute Council 2006 SLT 970 (education; additional support for learning; statutory appeal)
Potter v Scottish Prison Service 2010 SLT 779 (judicial review; human rights; prisons)
Gherhardt v HM Advocate 2010 JC 208 208 (extradition; statutory interpretation)
Howes v Lord Advocate (extradition; human rights; acting as amicus curiae; case ongoing
Penrose Inquiry (inquiry into circumstances surrounding contamination of blood products)
Vattenfall Wind Farm Ltd v Scottish Ministers 2009 SC 444 (planning appeal; statutory interpretation)
Edinburgh City Council, Pet'r [2010] Fam. L.R. 92 (devolution minute; article 8; statutory interpretation)
Various devolution issues
Various planning appeals (ongoing)
Various opinions and advice to Scottish and local Government
Commercial Contracts
G4S v Clydesdale Bank [2010] CSOH 133 (commercial contract/banking dispute; high value)
Pelagic v Lovie Construction [2010] CSOH 145
Royal Bank of Scotland v Haughey [2008] CSOH 142 (banking; action for repayment of loan; various legal and factual objections to the action including allegations of fraud and forgery)
Various high profile actions [settled and/or ongoing] seeking repayment of borrowings
Bell & Scott v Kaye [2009] CSOH 51; [2009] CSOH 111 (partnership dispute; restrictive covenant; interpretation; proof of breach)
Various partnership disputes [settled or ongoing]
JL Sports Management v [name withheld] [action resolved] (dispute between agent and international professional footballer; FIFA regulations; interpretation of contract)
Advice to manager and leading football club on possible proceedings against UEFA
Various cases, opinions and advice on interpretation of commercial contracts
Other notable cases
B. v Murray 2008 SC (HL) 146 (prescription & limitation; historic child abuse)
Shirley McKie v Scottish Ministers (action of damages by former police officer in respect of allegations of deliberate and malicious conduct of forensic investigators)
Directories
Recommended in Legal 500 for professional liability.