Education & Professional Qualifications
D Phil, Oxford University (1988)
LLB (Hons) Glasgow University (1979)
Professional Career to date
Devil Masters: Lord Rodger of Earlsferry, Lord Drummond Young and Sheriff TAK Drummond QC.
2001-2003: Chairman of Faculty Services
1997: Queens Counsel
1995-1998: Advocate Depute
1990-1995: Standing Junior Counsel to Scottish Development Department (Planning)
1985: Admitted to Faculty of Advocates
Professional Experience
Gerry practises widely in civil litigation and appears frequently in courts at all levels in cases relating to a wide range of topics with particular emphasis on commercial litigation and cases involving general administrative law and human rights. He has acted as an arbiter and as chairman of the Police Appeals Tribunal. He acted as clerk to the Inquiry undertaken by Sir Anthony Campbell into the prosecution decisions relating to the murder of Surjit Singh Chhokar as well as being Senior Counsel to the Fingerprint Inquiry.
Courts & Tribunal Experience
House of Lords; Privy Council; High Court of Justiciary; Court of Session; Sheriff Court.
Administrative Law
Scottish National Party Petitioner [2010] CSOH 56: attempt to block transmission of Prime Ministerial debate.
Helow v Advocate General [2008] UKHL 52, 2008 SLT 967: judicial bias.
Raza Petitioner [2007] CSOH 135, 2007 SCCR 403: judicial review of failure by Criminal Cases Review Commission to refer case to High Court of Justiciary.
Human Rights
Potter Petitioner [2007] CSIH 67, 2007 SLT 1019 and [2010] CSOH 85, 2010 SLT 779- Prisoner's rights under Article 8 in relation to telephone calls.
Somerville v Scottish Ministers [2007] UKHL 44, 2008 SC (HL) 45 - House of Lords case about liability of Scottish Ministers in respect of breach of human rights.
Whaley v Lord Advocate [2007] UKHL 53, 2007 SLT 1209: House of Lords case concerning Human Rights compatibility of foxhunting legislation.
Spiers v Ruddy [2007] UKPC D2, 2008 SLT 39: Privy Council case concerning the question whether it is possible to proceed with a prosecution if there has been an unreasonable delay contrary to Article 6.
XY v Scottish Ministers [2007] CSIH 45: Prisoner voting in Scottish Parliamentary election.
DJS v Criminal Injuries Compensation Appeal Panel [2007] CSIH 49, 2007 SLT 575: eligibility for Criminal Injuries compensation.
Commercial
Rowan Timber Supplies (Scotland) Limited v Scottish Water Business Stream Limited [2011] CSIH 26: the running of prescription in relation to claim for unjustified enrichment where customer is misled by invoice submitted by supplier.
Batt Cables v Spencer Business Parks [2010] CSOH 81: landlord and tenant, error in notice intimating termination of lease.
Glasgow Airport v Kirkman & Bradford [2007] CSIH 47: contractual interpretation.
Semple v Semple [2006] CSOH 180: a commercial dispute concerning share acquisition.
Planning
Land Securities v Scottish Ministers 2007 SC (HL) 57: House of Lords - departure from National Planning Policy guidance.
Standard Commercial v Glasgow City Council 2007 SC (HL) 33: decision-making in relation to compulsory purchase for planning purposes.
Construction Law
APC v M6JV: engineering dispute (settled).
Tax (litigation but not planning)
Commissioners of Inland Revenue v Scottish Provident 2005 SC (HL) 33: House of Lords - efficacy of a tax avoidance scheme.
Professional negligence
B v Murray [2008] UKHL 32, 2008 SC (HL) 146: time bar in relation to a claim for historical child abuse.
McDonald-Grant v Sutherland & Co [2008] CSOH 150: solicitor's negligence.
Atwal Enterprises v Toner [2006] CSOH 76, 2006 SLT 537: architect's negligence.
Others
Aitchison v Glasgow City Council [2010] CSIH 9: Full Bench in Inner House of Court of Session concerning the relevance of separate injuries in the operation of the law of limitation.