Education & Professional Qualifications
LLM, Rijksuniversiteit Leiden, The Netherlands (1996-1997)
LLB (Hons), University of Edinburgh (1992-1996)
Professional Career to date
Devil Masters: David Johnston QC, Simon Bowie QC and Chris Shead.
2004: Called to the Bar
2003-2004: Devilling
2001-2003: Assistant solicitor with Pinsent Masons, solicitors, working in construction litigation
2000-2001: Stage at the Commission of the European Communities in Brussels
2000: Qualified as solicitor having trained for two years in construction litigation at MacRoberts, solicitors
Professional Experience
Martin deals primarily with commercial litigation, in particular in the fields of professional negligence and construction. These two fields can overlap, with Martin acting for and against insurers of architects, engineers and other construction professionals in professional negligence claims arising out of construction projects. Martin is also frequently instructed in the field of financial services acting for both pursuers and defenders.
Martin's experience of dealing with complex contractual disputes has also enabled him to develop a practice dealing with disputes relating to the oil and gas sector.
Since coming to the Bar, Martin has developed an interest in human rights issues in a criminal context in a number of high-profile cases. From 2006 until 2009, Martin was retained as Junior Counsel for the appellant in the appeal of Abdelbaset Al Megrahi in relation to the Lockerbie incident. This long-running appeal raised a number of complex and previously unresolved legal issues including: the role of the Advocate General in criminal proceedings; the resolution of public interest immunity objections; and the use of special advocates. Martin has also been instructed as Junior Counsel in appeals to the Appellate Committee of the Privy Council and the Supreme Court. Most notably, Martin acted as Junior Counsel in the appeals to the Supreme Court in the case Cadder v HMA which resulted in changes in the law relating to an accused person's right of access to a solicitor.
Since coming to the Bar, Martin has built upon his previous experience as a solicitor working in contentious construction for several major firms, continuing to be instructed in the Court of Session, Sheriff Court, arbitrations and adjudications. He has also been instructed to act in mediations both in Scotland and internationally.
Courts & Tribunal Experience
Supreme Court; Appellate Committee of the Privy Council; Court of Session (Inner and Outer House); the High Court of Justiciary; Sheriff Courts; the Lands Tribunal; arbitration, adjudication and mediation.
Commercial Contracts
John Brown v Rysaffe Trustee Company (CI) Ltd [2011] CSOH 26 (Outer House): Construction of contract: designation of defenders as trustees.
Brian and Jean Gray v William Welsh [2008] CSIH 11 (Inner House): Concurrent liability in contract and delict; recovery of pure economic loss.
Autolink Concessionaires (M6) PLC v Amey Construction Limited & Ors[2007] CSOH 81 (Outer House): Contractual interpretation of PFI contract.
E&J Glasgow Limited v UGC Estates Limited [2005] CSOH 63 (Outer House): Contractual interpretation of development agreement, contractual waiver, Royal Brompton issues.
Thomas Graham Gillespie v Toondale Limited [2005] CSIH 92 (Inner House): Diligence on the dependence.
Professional Negligence
Charles Copeland v Tenon Group PLC (unreported) Aberdeen Sheriff Court 11 February 2011: Professional negligence; prescription.
Construction and Engineering
Profile Projects Limited v Elmwood (Glasgow) Limited [2011] CSOH 64 (Outer House): Enforcement of adjudicator's decision; Tolent clauses.
Operon v Pihl UK Limited [2010] CSOH 80 (Outer House): Insolvency; enforcement of an adjudicator's decision.
John Stirling v Westminster Properties Scotland Limited [2007] CSOH 117 (Outer House): Enforcement of adjudicator's decision, definition of a "dispute".
Human Rights and Criminal
Cadder v HMA [2010] 1 WLR 2601 (Supreme Court - 7 Judges): Right of access to legal advice in terms of Article 6 ECHR; Right to a fair trial.
Al Megrahi v HMA [2009] HCJAC (High Court of Justiciary): Petition for the recovery of documents; procedure to be adopted when public interest immunity asserted; use of special advocates; compatibility with Article 6 ECHR; preparation of protocol by Court regulating appointment of special advocates.
Burns v HMA [2009] 1 AC 720 (Privy Council): Instructed by the Crown; commencement of reasonable time guarantee under Article 6 ECHR.
Al Megrahi v HMA 2008 SLT 333 (High Court of Justiciary): role of the Advocate General in criminal proceedings.
Directories
Recommended in Chambers in the years from 2008 onwards: Leader at the Bar - Band 1 Junior for commercial dispute resolution.