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facsimile: 0131 225 3642
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Adam McKinlay BACK TO ADVOCATES

Adam McKinlay

Year of Call: 2018

adam.mckinlay@axiomadvocates.com
07753 267455
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Areas of Expertise

Professional Experience

Adam called to the Bar in 2018 as the Lord Reid Scholar 2017-18.

Adam’s areas of practice are commercial and public law. He has a particular expertise in professional negligence actions. He also regularly acts for clients in construction, property and contractual disputes and has significant experience of obtaining interim orders.

Adam is a Standing Junior to the UK Government. He represents the UK Government in judicial review cases, including cases concerning human rights and EU law.

Adam appears regularly in the Court of Session (including the Commercial Court) and the Sheriff Court. He also represents clients in adjudications, arbitrations and mediations.

Prior to calling to the Bar, Adam practiced as an Associate in Brodies LLP’s Dispute Resolution department, where he worked for seven years.  He was a Solicitor Advocate prior to calling to the Bar and appeared in the UK Supreme Court in that capacity. He teaches Civil Court Practice at the University of Edinburgh.

  • Case History

    Professional Liability

    • Aird v Lamb (Greenock Sheriff Court, February 2020) – claim against solicitor arising from failure to report on existence of access rights (proof before answer) 
    • Iain Ford v The Firm of W & AS Bruce [2020] SCKIR 9 – debate on prescription arising from alleged failure by solicitor to advise on inclusion of survivorship destination in title  
    • McKay v Sesame Limited (Aberdeen Sheriff Court, November 2019) – debate on whether claim for alleged negligent financial advice had prescribed
    • Gordon’s Trustees v Campbell Riddell Breeze Paterson LLP 2017 SLT 1287 (as solicitor-advocate in Inner House and Supreme Court) – application of s11(3) of the Prescription and Limitation (Scotland) Act 1973 to a claim for economic loss

    Construction & Engineering  

    • Transform Schools (North Lanarkshire) Ltd v Balfour Beatty Construction Ltd [2020] CSOH 19 – enforcement of adjudicator’s award in circumstances where adjudicator had relied upon “without prejudice” correspondence in arriving at his decision  
    • Ryrie & Salazar v J&E Shepherd (Edinburgh Sheriff Court, April 2019) – claim against surveyors arising from alleged inaccuracy in Home Report (proof before answer)
    • MP Burke Transport Limited v Charles Scott & Partners [2017] CSOH 67 (as solicitor-advocate) – Commercial Court proof regarding scope of duties owed by structural engineer.

    Commercial Contract

    • Air Telecom UK Limited v ECG Building Maintenance Limited [2019] SAC (Civ) 40 – interpretation of contract for communication services

    Public Law, Judicial Review & Human Rights

    • The Salmon Net Fishing Association of Scotland & Others [2020] CSOH 11 – whether prohibition on retaining salmon caught in coastal waters breached Article 1 Protocol 1 rights of those holding heritable titles to fish for salmon by way of net
    • Cannon v Scottish Legal Complaints Commission [2020] CSOH 23 – whether the SLCC had the power to refer complaints to itself
    • DY v SSHD [2020] CSOH 60 – immigration judicial review
    • AA v SSHD [2020] CSIH 29 – immigration judicial review 
    • Carlos Mendoza v SSHD [2019] CSOH 107 – immigration judicial review

    Other

    • Whitehouse v Chief Constable of Scotland & Anr 2020 SC 133 – reclaiming motion on the issue of whether the Lord Advocate enjoys immunity from civil suit at common law
    • Whitehouse v Lord Advocate [2019] CSOH 38 – whether the Lord Advocate was entitled to assert legal advice privilege in the context of commission and diligence procedure
  • Courts & Tribunals

    Supreme Court
    Court of Session (Inner and Outer House, including Commercial Court)
    Sheriff Courts
     

  • Appointments & Memberships

    2015 to 2019: Tutor, Civil Court Practice, Diploma in Legal Practice, University of Edinburgh
    2009 to 2014: Tutor, Contract Law (Honours), University of Edinburgh
    2009 to 2012: Tutor, Contract and Unjustified Enrichment (Ordinary), Delict (Ordinary) and Commercial Law (Ordinary), University of Edinburgh

Professional Career to date

Devil Masters: Chris Paterson, Dan Byrne, Sarah Livingstone

2017-2018: Devil, Faculty of Advocates
2015-2017: Solicitor Advocate & Associate, Brodies LLP
2012-2015: Senior Solicitor, Brodies LLP
2010-2012: Solicitor, Brodies LLP
2008-2010: Trainee, Brodies LLP

Education & Professional Qualifications

Lord Reid Scholarship, Faculty of Advocates (2017-2018)
Chartered Insurance Institute, Diploma in Insurance (2014)
Diploma in Legal Practice, University of Edinburgh (2008)
LLB (Hons) (First Class), University of Edinburgh (2007)

Academic Prizes:
Lord President Cooper Memorial Prize  (2007) – Honours Student of Outstanding Distinction
John Hastie Scholarship (2007) – best performance in Ordinary courses by an LLB graduate
Miller Prize (2005) – class prize for Commercial Law
Tods Murray Scholarship (2005) – combined prize for Commercial and Property Law
James Craig Howie Memorial Prize (2005) – combined prize for private law subjects
McGrigors Prize (2005) – combined prize for Commercial Law, Property and Taxation
Margaret Balfour Keith Prize (2004) – class prize for Public Law
Thow Scholarship (2004) – class prize for Obligations

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