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Areas of expertise

Professional information

  • 2018 to date: Standing Junior, Office of Advocate General
  • 2018: Called to the bar (Devilmasters: Chris Paterson KC, Dan Byrne KC, Sarah Livingstone)
  • 2017: Lord Reid Scholar
  • 2014: Chartered Insurance Institute, Diploma in Insurance
  • 2008 – 2017: Brodies LLP
  • 2007: University of Edinburgh: LLB (Hons) (First Class)
  • 2007: Lord President Cooper Memorial Prize (for Honours student of outstanding distinction)
Professional experience

Adam has particular expertise in professional negligence and construction disputes. His other main areas of practice are commercial and public law. He is regularly involved in alternative dispute resolution, including mediation, adjudication and arbitration. He has significant experience of obtaining urgent interim orders. Adam represents the UK Government in judicial review cases, including cases concerning human rights and immigration. Prior to calling to the Bar, Adam practiced in Brodies LLP’s Dispute Resolution department for seven years. He qualified as a Solicitor Advocate in July 2015. As a solicitor, Adam gained extensive experience of acting in professional negligence claims on behalf of solicitors, surveyors, accountants, IFAs, brokers, architects and construction professionals. Completing the CII Diploma in Insurance in 2014 enhanced Adam’s insurance industry knowledge.

Notable cases

Professional Liability

  • Ronnie O’Neill Freight Solutions Ltd v MacRoberts LLP 2023 SLT 1196. Proof in Court of Session (commercial court) in claim against solicitors regarding advice given on the settlement of a previous litigation.
  • Aird v Lamb (Greenock Sheriff Court, February 2020). Proof in claim against solicitor arising from failure to report on existence of access rights.
  • Iain Ford v W & AS Bruce [2020] SCKIR 9. Debate on prescription arising from alleged failure by solicitor to advise on inclusion of survivorship destination in title to jointly owned property.
  • 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). Application of s11(3) of the Prescription and Limitation (Scotland) Act 1973 to a claim for economic loss against solicitors.

Construction

  • Legal & General Assurance (Pensions Management) Ltd v Stewart Milne Group Ltd & Others [2023] CSOH 81 & [2023] CSOH 82. Debate regarding the application of section 6(4) of the Prescription and Limitation (Scotland) Act 1973 to a claim based upon alleged breach of collateral warranties
  • Tilbury Douglas Construction Ltd v Ove Arup & Partners Scotland Ltd [2023] CSOH 53.Preliminary proof on whether claim relating to design of remedial works at the Haymarket railway tunnels had prescribed. Focus on sections 6(4) and 11(3) of the Prescription and Limitation (Scotland) Act 1973.
  • Barhale v SP Transmission Plc 2021 SLT 852. Enforcement of adjudicator’s award arising from construction of an electricity sub-station.
  • 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). Proof regarding scope of duties owed by structural engineer.

Commercial

  • Scotland Gas Networks Plc v QBE UK Limited & Others [2024] CSOH 15. Debate regarding the implications of a decree by default against an insured party for a claim under the Third Parties (Rights against Insurers) Act 2010.
  • Watson v Fletcher [2023] CSOH 87 & [2023] CSOH 88. Debate in related actions for breach of fiduciary duty by company director and dishonest assistance.
  • Dalton Group Ltd v City of Edinburgh Council [2023] CSOH 4. Debate on the proper approach to assessment of damages in action for breach of contract for delivery of scrap metal.
  • Briggs of Burton Plc v Doosan Babcock [2020] CSOH 100. Action for rectification of lease which departed from previously agreed heads of terms
  • Air Telecom UK Limited v ECG Building Maintenance Limited [2019] SAC (Civ) 40. Interpretation of contract for communication services.

Public and Administrative

  • X, Petitioner 2022 SLT 157. Reduction of a decision by a fitness for office tribunal that a sheriff’s conduct did not justify his removal from office, where decision made in ignorance of the availability of other evidence.
  • 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.
  • Cannon v Scottish Legal Complaints Commission [2020] CSOH 23. Whether the SLCC had the power to refer complaints to itself.

Immigration

  • A v B [2022] CSOH 38. Proof in which parents sought specific issue order for return of child to Qatar from Scotland.
  • Mirembe (Uganda) v SSHD [2022] CSOH 37. Judicial review regarding application of Free Movement Directive to third country national with a permanent right of residence in the UK.
  • Hassan (Iraq) v SSHD [2022] CSIH 19. Whether FTT had erred in its assessment of new evidence under reference to the Devaseelan principles.
  • Bakushev v SSHD 2022 SLT 1108. Interim orders hearing regarding entitlement of asylum seeker to continue to work whilst a judicial review was pending.
  • BA (Nigeria) v SSHD [2021] CSIH 42. Whether Lord Ordinary had been entitled to refuse permission for judicial review to proceed.
  • Carlos Mendoza v SSHD [2019] CSOH 107. Immigration judicial review
  • DY v SSHD [2020] CSOH 60. Immigration judicial review
  • AA v SSHD [2020] CSIH 29. Immigration judicial review

Other

  • X v Y [2023] CSOH 17. Debate on the relevancy of an action for damages by a legal practitioner alleging incidents of assault and harassment by a sheriff.
  • Skene v Braveheart Hotels Ltd [2021 4 WLUK 218. Proof as to whether the erection of gates across an access road amounted to an unreasonable obstruction to a servitude right of vehicular and pedestrian access with the grounds of a castle in Fife.
  • Whitehouse (David) v Chief Constable of the Police Service of Scotland [2021] CSOH 33. Application for permission under “Iomega Minute” to use and disclose documents lodged in court action for the purpose of making reports to police and various public authorities.
  • Whitehouse v Chief Constable of the Police Service of Scotland & Anr 2020 SC 133. Acted for pursuer in damages claim for malicious prosecution. Inner House held that Lord Advocate does not enjoy 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.

Directories

Chambers UK Bar – ranked for Construction (Band 2), Commercial Dispute Resolution (Band 3) and Professional Negligence (up and coming)

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