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Areas of expertise

Professional information

Devil Masters: Lord Rodger of Earlsferry, Lord Drummond Young and Sheriff TAK Drummond QC.

2012-2014: Chairman of Faculty Services Limited
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
1988: D Phil, Oxford University
1979: LLB (Hons) Glasgow University

Professional experience

Gerry has a wide range of experience conducting a mix of commercial litigations and advising and representing public bodies.

Notable cases

Commercial

  • Glasgow City Council v VFS Financial Services [2020] CSOH 92 and [2022] CSIH 1. Prescription in relation to a Competition Law claim for follow-on damages for the operation of a truck cartel
  • BAM TCP Atlantic Square Limited v BT [2021] CSIH 44. Whether Deed of Conditions created a right of common ownership or a right of servitude over an access ramp
  • Heart of Midlothian FC v SPFL [2020] CSOH 68. Enforcement of an arbitration clause in relation to a commercial dispute
  • Arqiva v Kingsbeck [2019] SAC (Civ) 28. Rights of a telecommunications operator to a lease of land under the Telecommunications Code

Construction

  • Van Oord v Dragados [2021] CSIH 50, 2021 SLT 1317. NEC Contract. Impact of main contractor’s breach of contract on ability to reduce price due to sub-contractor
  • GT Equitix v Board of Management of Inverness College [2019] CSOH 46. Enforcement of adjudication award
  • SSE Generation Limited v Hochtief Solutions AG [2016] CSOH 177 and [2018] CSIH 26
  • NEC Contract. Liability for collapse of hydro-electric tunnel

Public Law

  • Grier v Chief Constable [2022] CSOH 2. Liability of Police and Prosecution Authorities for malicious prosecution
  • ABC v Principal Reporter [2020] UKSC 26. Rights of a sibling to participate in a hearing before the children’s hearing.
  • Maugham Petitioner [2019] CSOH 80. Interim interdict relating to the Northern Ireland Brexit Protocol
  • Whitehouse v Chief Constable [2019] CSIH 52. Liability of the Lord Advocate for a malicious prosecution
  • Scotch Whisky Association v Lord Advocate EU:C:2015:845 and 2017 UKSC 76. Judicial review of legislation introducing minimum pricing for alcohol

Professional Liability

  • Liu v Liu’s Trustee [2018] SAC (Civ) 2. Action for damages for alleged professional negligence of an insolvency practitioner in the conduct of a personal sequestration
  • Hawthorne v Anderson [2014] CSOH 65. Action of damages against a solicitor for alleged professional negligence in failing to reserve adequate access rights to a potential development site.