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David Thomson QC BACK TO ADVOCATES

David Thomson QC

Year of Call: 2004 Year of Silk: 2017

david.thomson@axiomadvocates.com
07500 813598
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Areas of Expertise

Professional Experience

David Thomson is recommended in the legal directories in respect of all of his principal areas of practice. Notably, he is ranked in the latest (2016) edition of Chambers & Partners as one of the "Stars at the Bar" in Scotland, on the basis of his Band 1 ranking in Company, Real Estate Litigation and Restructuring/Insolvency as well as his ranking as a leading junior in Commercial Dispute Resolution.

An experienced Advocate, he has appeared in several important appeals before the United Kingdom Supreme Court and appears regularly in the Outer and Inner Houses of the Court of Session (including, in particular, the Commercial Court) and the Sheriff Courts. He has also appeared before the Lands Tribunal for Scotland, the Scottish Land Court, the Upper Tribunal and a variety of other courts and tribunals. He has conducted a number of substantial commercial arbitrations.

David practises exclusively in commercial litigation and public law, with particular emphasis on commercial property and leasing, commercial contracts and insolvency litigation.

David regularly acts on behalf of insolvency practitioners and banks, as well as, in cases concerning personal insolvency, The Accountant in Bankruptcy and trustees in sequestration.

David also has a significant practice in commercial property and leasing litigation, and indeed in general commercial litigation, as well as being

experienced in construction claims. He is also frequently instructed to act for insurers in the defence of professional negligence claims, most frequently involving claims against solicitors.

David has been a Standing Junior to the Advocate General for Scotland since 2009, having previously been a Standing Junior to the Scottish Ministers from 2005 to 2009. In his capacity as a Standing Junior to the Advocate General, David principally deals with disqualification proceedings under The Company Directors Disqualification Act 1986 and other company/insolvency matters on behalf of the UK Government. David's standing as a leading practitioner in this field is recognised by the legal directories and reflected in his position as Scottish Editor of the leading work on company director disqualification, Mithani.

  • Case History

    Tonsley (Strathclyde) Limited and another v Scottish Enterprise [2016] CSOH 138
    Commercial leases; dilapidations; contractual construction

    ASA International Limited v Kashmiri Properties [2016] CSIH 70
    (Inner House) Implied servitudes

    Balgray Limited v Hodgson [2016] CSIH 55; 2016 GWD 22-390
    (Inner House) Agricultural holdings; validity of notices

    Dolby Medical Home Respiratory Care Ltd v Mortara Dolby UK Limited [2016] CSOH 74
    Commercial leases; dilapidations; contractual construction; reasonableness of settlement

    Apcoa Parking (UK) Limited v Crosslands Properties Limited [2016] CSOH 63
    Commercial contracts; construction; development agreements; mutuality of contracts

    Zurich Insurance plc v Coralpeak Limited [2016] CSOH 43
    Insurance; materialiy of terms; recklessness

    SDG Tulloch Homes Limited v European Development Company (Hotels) Limited [2016] CSOH 36
    Civil procedure; competency of joint and several conclusions; relevancy; quantification and measure of damages

    Ramsden v Santon (Highlands) Limited 2016 SCLR 89
    Res judicata; missives; reductions; consumer protection

    Marriott v Greenbelt Group Limited LTS/TC/2014/27
    Lands Tribunal for Scotland) Title conditions; validity

    HM Secretary of State for Business Innovation & Skills v Adedapo [2016] CSOH 152
    Company Directors Disqualification Act 1986; mandatory disqualification; trading to the detriment of HMRC; lower bracket disqualification

    Murray Group Holdings Ltd (in liquidation) v HM Revenue & Customs 2015 SLT 765
    (Inner House) Taxation; employee benefit trusts

    3052775 Nova Scotia Limited v Henderson 2015 SLT 691
    Civil procedure; decrees by default; reduction; liquidation

    HM Secretary of State for Business Innovation & Skills v Russell [2015] CSOH 128
    Company Directors Disqualification Act 1986; mandatory disqualification; trading to the detriment of HMRC: middle bracket disqualification

    BNP Paribas Securities Services Trust Company (Jersey) Limited v Mothercare (UK) Limited 2015 Hous LR 42; [2015] CSOH 47
    Commecial leases; dilapidations; remits to person of skill; directions

    HM Secretary of State for Business Innovation & Skills v Drummond [2015] CSOH 45
    Company Directors Disqualification Act 1986; mandatory disqualification; de facto directorship; appropriation of company assets; connected person; upper bracket disqualification

    Frank Houlgate Investment Company Ltd v Biggart Baillie LLP [2014] CSIH 79
    (Inner House) Liabillity of solicitor for fraud of his client

    HM Secretary of State for Business Innovation & Skills v Craig Whyte [2014] CSOH 148
    Company Directors Disqualification Act 1986; disqualification for maximum period of 15 years

    Henderson, Liquidator of Letham Grange Development Company Limited v Foxworth Investments Limited and another[2014] 1 WLR 2600; [2014] UKSC 41 (United Kingdom Supreme Court) Insolvency; gratuitous alienations; civil practice; principles upon which appellate courts act in reviewing findings in fact

    Grove Investments Ltd v Cape Builing Products Limited[2014] CSIH 43
    (Inner House) Commercial leasing; dilapidations; cross-checking of loss by reference to diminution in value

    Kippax Limited v Glasgow Harbour Development Ltd[2014] CSOH 29
    Contract for development of land; contractual construction

    Cramaso LLP v Reidhaven's Trs2014 SLT 521; [2014] UKSC 9
    (United Kingdom Supreme Court) Negligent misrepresentation; continuing representations

    Wheeldon's Exr v Spence's Exr[2014] CSOH 69
    Civil procedure; reduction; wills; the "rule against offside goals"

    Burgerking Ltd v Castlebrook Holdings Ltd[2014] CSOH 36
    Commercial leasing; sub-letting; whether consent unreasonably withheld in the case of a newly incorporated company

    Child Maintenance and Enforcement Commission Child Support Agency v Roy[2013] CSIH 105
    (Inner House) Child support; liability orders; committal proceedings; enforcement

    Child Maintenance and Enforcement Commission Child Support Agency v Wilson2014 SLT 46
    (Inner House) Child support; liability orders; committal proceedings; enforcement

    Forest Bio Products Ltd v Forever Fuels Ltd[2013] CSIH 103
    (Inner House) Contractual construction; sale of business

    Moness Country Club v First National Trustee Co Ltd[2013] CSOH 188
    Time share management; trustees; appointment and removal

    Ross v Morley[2013] CSOH 175
    Civil procedure; pleadings; prescription; constructive trusts

    J & A Construction (Scotland) Ltd v Windex Ltd[2013] CSOH 170
    Construction; enforcement of adjudicator's award; balancing of accounts in bankruptcy

    Frank Houlgate Investment Co Ltd v Biggart Baillie LLP2013 SLT 993; [2013] PNLR 25; 2010 SLT 527
    Liability of solicitor for fraud of his client; and (at debate) rofessional negligence, scope of duty of care; breach of warranty of authority

    Prow v Argyll & Bute Council[2013] CSIH 23; [2012] CSOH 77
    Rent review; notices; "reasonable recipient test"; personal bar; contractual construction.

    Kiani Petitioner[2013] CSOH 121
    Company Directors Disqualification Act; petition for judicial review of Secretary of State's decision to seek disqualification order

    HM Secretary of State for Business Innovation & Skills v Reza[2013] CSOH 86
    Company Directors Disqualification Act 1986; mandatory disqualification; abrogation of duties; lower bracket disqualification

    HM Secretary of State for Business Innovation & Skills v Bloch[2013] CSOH 57
    Company Directors Disqualification Act 1986; mandatory disqualification; asset stripping; middle bracket disqualification

    Kipling v Dunbar Bank plc[2012] CSOH 40; 2012 GWD 12-223
    Applicable test for the grant and recall of interim orders; banking; personal guarantees.

    MacDonald v Pollock2012 SLT 462
    (Inner House) Sale of goods; implied term as to satisfactory quality; sale "in the course of a business"; examination of goods; rejection.

    Aberdeen City Council v Stewart Milne Group Ltd[2011] UKSC 56; 2012 SLT 205
    (United Kingdom Supreme Court) Contractual construction; overage payment provisions

    Parkes v MacGregor and another[2011] CSIH 69; 2011 GWD 38-776
    (Inner House) Bankruptcy; reduction of sequestration

    Khaliq v Londis(Holdings) Limited 2010 SC 432
    (Inner House) "Melville Monument liability"

    Frank Houlgate Investment Co Ltd v Biggart Baillie LLP2010 SLT 527
    Professional negligence; scope of duty of care; breach of warranty of authority

    Primary Health Care Centres (Broadford) Ltd v Humphrey & Ors[2010] CSOH 129
    Res judicata; rights of relief among co-obligants

    Secretary of State for Business Innovation & Skills v Smith 2010 SLT (Sh Ct) 26
    Directors' disqualification; section 16 notice requirements; title to sue following departmental reorganisation; expenses

    Bird v Bank of Scotland[2010] CSOH 162; 2010 GWD 1-34
    Fraud; liability of principal for fraud of agent; solicitor/client relationship

    PMP Plus Ltd v The Keeper of the Registers of Scotland2009 SLT (Lands Tr) 2
    (Lands Tribunal for Scotland) Registration of Title; exclusion of indemnity; common parts

    Tonner v Reiach & Hall2008 SC 1
    (Inner House) dismissal on grounds of delay; inherent power of the Court

    Tawne Overseas Holdings Ltd v The Firm of Newmiln Farm and others[2008] CSOH 12; 2008 G.W.D. 6-116
    Commercial leases; irritancy; penalty clauses

    Burnett v Grampian Fire & Rescue2007 SLT 61
    Fire service; existence and scope duty to take reasonable care

    Foster v Keeper of the Registers of Scotland2006 SLT 513
    Judicial review; land registration

    X v British Broadcasting Corporation2005 SLT 796
    Human rights; emerging rights of privacy under The Human Rights Act 1998; interim orders

    Crocket v Tantallon Golf Club2005 SLT 663
    Judicial review; unincorporated associations

  • Courts & Tribunals

    David has appeared before the following Courts and Tribunals: United Kingdom Supreme Court; Court of Session (Outer and Inner House); High Court of Justiciary; Sheriff Courts; Lands Tribunal for Scotland; Scottish Land Court; Upper Tribunal; courts of the Church of Scotland and various arbitrations and mediations.

  • Appointments & Memberships

    Standing Junior Counsel to Advocate General for Scotland: 2009 to date
    Standing Junior Counsel to the Scottish Ministers: 2005 to 2009
    Legal Member, Scottish Football Association Judicial Panel: 2014 to date
    Scottish Editor, Mithani on Directors' Disqualification: 2014 to date
    Joint Lead Tutor, Advanced Civil Law, The University of Glasgow: 2010 to 2013
    Tutor, Civil Advocacy & Pleading, Glasgow Graduate School of Law: 2005 to 2009
    Secretary, The Scottish Bench & Bar Golfing Society: 2006 to 2012

  • Directories

    David is recommended in the directories in respect of all of his principal areas of practice. The Legal 500 (2014), notes that he provides "expert advice" in relation to company and insolvency matters and, in respect of property litigation, he is recommended as "a natural litigator". In Chambers & Partners (2013), he is recommended for both Commercial Dispute Resolution and Restructuring/Insolvency and credited as having an "encyclopaedic" knowledge of the law and a "solid analytical mind". The Legal 500 (2012), meanwhile, recommends him for Company/Insolvency work and Property/Construction. In respect of insolvency and company matters, The Legal 500 recently described David as a "standout junior at the Scottish Bar" (2011) and also as possessing a "knowledge of corporate insolvency, possibly unparalleled at the junior Bar." (2010).

     

    Chambers & Partners (2016): "Star at the Bar"

    Chambers & Partners (2016): Company (Band 1)

    Chambers & Partners (2016): Real Estate Litigation (Band 1)

    Chambers & Partners (2016): Restructuring/Insolvency (Band 1)

    Chambers & Partners (2016): Real Estate Litigation (Band 1)

    Chambers & Partners (2016): Commercial Dispute Resolution (Band 2)

    Chambers & Partners (2015): "Star at the Bar"

    Chambers & Partners (2015): Company (Band 1)

    Chambers & Partners (2015): Real Estate Litigation (Band 1)

    Chambers & Partners (2015): Restructuring/Insolvency (Band 1)

    Chambers & Partners (2015): Commercial Dispute Resolution (Band 3)

    Chambers & Partners (2014): Commercial Dispute Resolution

    Chambers & Partners (2014): Restructuring/Insolvency

    Chambers & Partners (2013): Commercial Dispute Resolution

    Chambers & Partners (2013): Restructuring/Insolvency

     

    The Legal 500 (2015): Commercial Litigation

    The Legal 500 (2015): Company and Insolvency

    The Legal 500 (2015): Property, Construction and Agriculture

    The Legal 500 (2014): Commercial Litigation

    The Legal 500 (2014): Company and Insolvency

    The Legal 500 (2014): Property, Construction and Agriculture

    The Legal 500 (2013): Company and Insolvency

    The Legal 500 (2012): Property/Construction

    The Legal 500 (2012): Company and Insolvency

    The Legal 500 (2011): Company and Insolvency

    The Legal 500 (2010): Company and Insolvency

    The Legal 500 (2009): Company and Insolvency

    The Legal 500 (2008): Property, Construction and Agriculture

    The Legal 500 (2007): Insolvency

Professional Career to date

Devilmasters: C. R. K. Sandison QC; A. M. Clark QC; J. Reilly

June 2004 to date: Practising Member of the Faculty of Advocates
October 2003 - June 2004: Devil
September 1997 - September 2003: Litigation solicitor with various commercial law firms, including McGrigors and, latterly, DLA Piper.
September 1995 - September 1997: Trainee Solicitor, Steedman Ramage WS, Solicitors, Edinburgh

Education & Professional Qualifications

1998: College of Law
Qualified Lawyers Transfer Test; admitted as a solicitor in England & Wales
1990-1995: University of Glasgow
1995 - Diploma in Legal Practice
1994 - LL.B. (Hons) (Public Law)
1978 – 1990: Jordanhill College School, Glasgow

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