Members - CV

 

Gerry Moynihan QC
Year of Call: 1985
Year of Silk: 1997

07739 639346
gerry.moynihan@axiomadvocates.com

Education and Professional Qualifications:
Glasgow University - LLB; Oxford University - DPhil

Professional Career to date:
Year of call:1985
Devil masters: Lord Rodger of Earlsferry, Lord Drummond Young and Sheriff TAK Drummond Q.C.

Areas of Practice
Administrative Law
Human Rights
Commercial
Planning
Construction Law
Tax (litigation but not planning)
Professional negligence

Professional Experience
Gerry Moynihan was Standing Junior Counsel for the Scottish Office in relation to planning matters from 1990 to 1995. He was appointed QC in 1997 and was an Advocate Depute from 1995 to 1998.

Gerry is involved in a wide range of litigation, predominantly civil litigation but also including Human Rights in the context of criminal prosecutions. He served as Counsel to the inquiry into the prosecutions following the death of Surjit Singh Chhokar. He has recently been appointed as Counsel to the Fingerprint Inquiry, an in quiry set up by the Scottish Government under the Inquiries Act 2005.

Courts/Tribunal Experience
House of Lords, Privy Council, Court of Session (Inner and Outer Houses).

Selected Cases

Administrative Law

Helow v Advocate General [2008] UKHL 52, 2008 SLT 967 - judicial bias

Lord Advocate Petitioner [2007] CSOH 135 - right to recover expenses in relation to a Fatal Accident Inquiry

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
Somerville v Scottish Ministers [2007] UKHL 44, 2008 SC (HL) 45 - House of Lords case about liability of Scottish Ministers in respect of a 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.

Potter Petitioner [2007] CSIH 67, 2007 SLT 1019 - Prisoner's rights under Article 8 in relation to telephone calls.

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
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.
 
Appointments & Memberships
Standing Junior Counsel to Scottish Office (Planning): 1990 - 1995
Advocate Depute: 1995-1998

Axiom Advocates Advocates Library
Parliament House, Edinburgh, EH1 1RF

Telephone: 0131 226 2881 Facsimile: 0131 225 3642
DX ED 549302 Edinburgh 36 LP3 Edinburgh 10

www.axiomadvocates.com

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0131 260 5651 or lesley.flynn@axiomadvocates.com

Catriona Weir - Deputy Clerk: 0131 260 5653
Scott Gray– Deputy Clerk: 0131 260 5692
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