Education & Professional Qualifications
BA, University of Stirling
MSc, University of Bradford
LLB & LLM, University of Edinburgh
Professional Career to date
Devil Master: The Hon. Lord McGhie.
2006-2010: Advocate General
2000-2001: Solicitor General
1993: Year of Silk
1993 - 2000: Director of City Disputes Panel
1990: Called to Bar of England and Wales
1982 - 1993: Standing Junior Counsel to the Registrar General, Departments of Health and Social Security
1979: Called to Bar
Professional Experience
Lord Davidson resumed practice in 2010 after 4 years as Advocate General, a UK Minister of the Crown. His practice covers all aspects of commercial, public and constitutional law and has a substantial international flavour. He frequently appears in Appellate courts. Recently he has appeared in the Inner House in an international business case and in a contested scheme of arrangement of an insurance company. He has acted as leading counsel in cases involving banking, information, EU law, judicial independence and human rights in over 20 cases before the Supreme Court, the House of Lords, the Privy Council and the European Court of Justice.
As Advocate General he was closely involved in the formation of UK and Scottish legislation, in representing the UK government in the higher courts and assessing issues arising out of such matters as the international financial crisis and the UK's devolution settlement. He represented the Foreign and Commonwealth Office in the Lockerbie appeal.
His non-government practice is broadly in the commercial and public law spheres. He has been Solicitor General for Scotland, a founding Director of the City Disputes Panel (for the wholesale financial sector), a commissioner of the Scottish Council for International Arbitration and he is a member of the English Bar and the House of Lords. He has experience in dealing with difficult issues, including arbitration, in a number of overseas jurisdictions especially in China and has recently acted in an international construction mediation.
Lord Davidson produced, for the UK government, "The Davidson Review of UK Implementation of EU Regulation" in 2006 and co-wrote the first Scottish textbook on Judicial Review. He is an Opposition spokesman on Law and Treasury matters in the House of Lords.
Courts & Tribunal Experience
Supreme Court; House of Lords; The Privy Council; European Court of Justice; High Court; Court of Session; Competition Appeal Tribunal; Registration Appeal Court; Arbitration; Mediation; SPL/SFA.
Commercial
Scottish Lion Insurance Co, Petitioner [2011] CSIH - contested scheme of arrangement
Whyte & Mackay v Capstone International [2010] CSIH 87 - US distribution agreement
Secretary of State for BERR v UK Bankruptcy Ltd [2010] CSIH 80 - winding up in the public interest
Hamilton v Allied Domecq [2005] CSIH 74 - contract, misrepresentation, appellate court role
Narden Services v Inverness Retail & Business Park 2005 SCLR 704 - legal privilege
Bank of East Asia v Scottish Enterprise 1997 SLT 1213 - House of Lords, retention and mutuality
Smith v Bank of Scotland 1997 SC(HL) 111 - rights in security
Public and Administrative
Martin and Miller v HM Advocate [2010] UKSC 10 - competence of Scottish Parliament
Helow v Secretary of State for Home Department 2009 SC(HL) 1 - judicial bias
Horvath v Secretary of State DEFRA (Case C-2/28/07) - ECJ differential implementation of Directive
Common Services Agency v Scottish Information Commissioner 2008 SC(HL) 184 - FOI; Data Protection
Somerville v Scottish Ministers 2008 SC(HL) 45 - damages for breach of ECHR right
Megrahi v HM Advocate 2008 SCCR 358 - disclosure and public interest immunity
Tehrani v Secretary of State for Home Department 2007 SC(HL) 1 - jurisdiction in Scotland and England
Smith v Scott 2007 SC 345 - prisoner votes
Fayed v Lord Advocate 2004 SC 568 - public inquiry into Princess Diana's death
Human Rights and Constitutional
Alison v HM Advocate [2010] UKSC 6 - disclosure
MacInnes v HM Advocate [2010] UKSC 7 - disclosure
MacLean v HM Advocate [2009] HCJAC 97 - police interview
Murtagh v HM Advocate [2009] UKPC 36 - disclosure
Burns v HM Advocate 2009 SLT (PC) 2 - delay
Spiers v Ruddy 2009 SC (PC) 1 - delay
MacDonald, Dixon & Blair v HM Advocate [2008] UKPC 46 - disclosure
Goatley v HM Advocate [2008] JC 1 - extradition, European arrest warrant
DS v HM Advocate 2007 SC (PC) 1 - disclosure
Millar v Dickson 2002 SC (PC) 30 - waiver
HM Advocate v McIntosh 2001 SC (PC) 89 - presumption of innocence
Brown v Stott 2001 SC (PC) 43 - privilege
Intellectual Property
Arrow Generics v AKZ0 Nobel [2006] CS0H 146 - patent action
William Grant & Sons v Glen Catrine 1999 Scot CS 196 - passing off
Alba Diagnostics v Buchanan 2003 SC(HL) 9 - patent action
Media
Barry v News International 1995 SLT 590 - jury trial defamation
Lord Advocate v The Scotsman Publications [1990] AC 812 - confidentiality
A number of interlocutory hearings pre-publication and contempt issues
Publications
The Davidson Review of UK Implementation of EU Regulation (2006, produced for UK Government).
Judicial Review in Scotland (1986) - Co-wrote the first Scottish textbook on Judicial Review.
Additional Information
Lord Davidson has lectured on law in Bejing, Kuala Lumpur and Delhi, as well as in the UK. He has represented the UK government at OECD, Bo'ao Forum for Asia and Shanghai Lujianzui Financial Forum. He was the chef de mission on behalf of the International Commission of Jurists in Egypt on two investigatory reports.