Education & Professional Qualifications
Diploma in Legal Practice, University of Edinburgh (1997)
LLB (Hons) University of Edinburgh (1996)
Professional Career to date
Devil Masters: Robert Weir, Gary Allan.
2004: Year of call
1999-2003: Solicitor, Maclay Murray & Spens, Glasgow
1997-1999: Trainee solicitor, Maclay Murray & Spens, Glasgow
Professional Experience
Paul practiced as a solicitor in Glasgow for several years as a commercial litigator before calling to the Bar in 2004. He has a broad practice primarily based around commercial and administrative law. Matters in which he has acted include contract disputes, trademark and patent litigation, restrictive covenants, professional negligence claims, warranties in the sale of businesses, and judicial reviews in areas including agricultural subsidies, fishing quotas and medical profession "alert letters".
He appears regularly in the commercial and ordinary courts, and has appeared in the Inner House both alone and with senior counsel.
Courts & Tribunal Experience
Supreme Court, Court of Session (Outer House and Inner House); Sheriff Court and First-Tier Tribunal (VAT)
Cases
Verathon Medical (Canada) ULC v Aircraft Medical Ltd [2011]
CSOH 19
Junior Counsel for the defenders in this intellectual property action, which relates to a patent for a video laryngoscope. Validity and infringement were both in issue. A proof was heard over several weeks in 2010. The outcome was that the patent was found to be valid but not infringed.
Farstad Supply AS v Enviroco Ltd [2010] UKSC 18, [2010] Bus LR 1087, [2010] 2 Lloyd's Rep 387, 2010 SCLR 379
Junior Counsel for the pursuers in this action. The action is a damages claim relating to a vessel which was destroyed by fire. The case was appealed to the Supreme Court on the question of whether the defenders were entitled to claim a contribution from a third party (who in turn would be entitled to an indemnity from the pursuers) under the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940, even though that third party would have had a contractual defence to any claim by the pursuers. The pursuers were successful before the Supreme Court and a proof on the remaining issues is set down.
Winding Up Board of Landsbanki Islands HF v Mills [2010]
CSOH 100
Junior Counsel for Landsbanki in these proceedings, in which an insolvent Icelandic bank and its insolvent Scottish subsidiary have presented various claims against one another, and a preliminary issue has arisen as to which country's courts should determine those claims. The case involves consideration of the special rules applying to banking insolvencies under the Credit Institutions (Reorganisation and Winding Up) Regulations 2004. We were successful in the Outer House before Lord Glennie, and the decision is currently being reclaimed.
Tayplan Ltd v Smith [2009] CSOH 93
In this action, a company in administration seeks to recover various funds which it alleges had been misappropriated or wrongly paid out by the directors. Paul is acting as Counsel for the company, and the decision relates to a lengthy proof at which we were largely successful. The decision has been reclaimed by the directors (who are now party litigants), and the reclaiming motion is due to be heard shortly.
Morris Amusements Ltd v Glasgow City Council [2009] CSOH 84, 2009 SLT 697
In this action, a local authority exercised statutory powers to arrange for the demolition of a fire-damaged building, and the owner of the neighbouring building alleges that its property was damaged because of the way in which the demolition works were carried out. Damages are claimed from both the contractors and the local authority. Paul is Junior Counsel for the Council. The case raises issues of the extent of the Council's liability for any negligence on the part of its contractors, and the scope of the "extra-hazardous works" doctrine in Scots law. The case is reported in relation to a debate on relevancy and specification, and a proof is set down for next year.
Rosserlane Consultants Ltd, petitioners [2008] CSOH 120
Junior Counsel for the respondents in this case, in which parties claiming to be creditors of a dissolved limited partnership invited the court to appoint a judicial factor over the partnership's assets. We obtained recall of the appointment. The case involves issues of legal principle regarding the scope of the court's power to appoint a judicial factor, and how that power should be exercised, in cases where the basis of the petition is in dispute.
Scottish & Southern Energy plc v Lerwick Engineering & Fabrication Ltd2008 SCLR 317
Counsel for the defender in this action, which is reported in relation to a debate on relevancy. The central legal question was whether the indemnity clause founded upon by the pursuers was effective even where the loss for which they claimed had been caused wholly or partly by their own fault.
Melfort Pier Holidays Ltd v Melfort Club 2007 SC 243
This was a dispute between two neighbouring businesses as to whether the pursuers were entitled, on the basis of a public right of way, to encroach onto the defenders' property in order to obtain access to their property for commercial vehicles. The case raises legal issues as to the nature of the public's right in roads and the effect of encroachment by the public beyond the boundaries of the road. The case is reported in relation to an interim interdict; Paul appeared for the pursuer in the Outer House, and the decision was affirmed by the Inner House, where Paul was Junior Counsel.
Publications
Extinction of Servitudes Through Confusion 1995 SLT (News) 228