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Areas of expertise

Professional information

  • 1991 – 1998: Standing Junior Counsel to the MOD (Army Department)
  • 1998 – 2000: Standing Junior Counsel (Planning)
  • 2015 – 2021: Deputy Chairman of the Appeals Tribunal of the Institute and Faculty of Actuaries
  • 2005 – present: Member of the Faculty of Advocates Complaints Committee
  • Devilmasters – The Hon Lord Brodie; Gordon Jackson QC
  • 1979 – 1983 University of Dundee: LLB (Hons) 1983 (top student with honours); Dip LP (1984)
Professional experience

Iain’s considerable experience acting in claims against almost every group of professionals has earned him an impressive reputation, particularly in defending such claims. His attention to detail and commitment to the cases in which he is instructed is widely recognised. In over 30 years at the Bar he has acted and advised in a wide range of civil and commercial litigation, and has experience of professional disciplinary work, both as counsel and in hearing and adjudicating complaints.

Notable cases

Clinical liability

  • McCallum v Morrison, 20 June 2023 (Sheriff Appeal Court – unreported); 2022 SCLR 509 (dental practice)
  • Henderson v Benarty Medical Practice [2023] CSIH 1; [2022] CSOH 28 (sepsis)
  • LT v Lothian NHS Board [2019] CSIH 20; [2018] CSOH 29 (cerebral palsy)
  • Glancy v The Southern General Hospital NHS Trust [2013] CSOH (neurosurgery)
  • MC v Borders Health Board [2012] CSIH 49; [2011] CSOH 73 (cerebral palsy)
  • KT v Lothian Health Board [2009] CSOH 132 (cerebral palsy)
  • Dineley v Lothian Health Board [2007] CSOH 154 (cerebral palsy)

Professional liability

  • McMahon v Grant Thornton UK LLP 2020 SLT 908 (chartered accountants)
  • Huntaven Properties Ltd v Hunter Construction (Aberdeen) Ltd [2017] CSOH 57 (engineers)
  • Kirkton Investments Ltd v VMH LLP [2012] PNLR 11 (solicitors)
  • Tods Murray v Arakin 2011 SCLR 37 (solicitors)
  • Karling v Purdue 2004 SLT 1067 (liability of an expert witness)
  • M v Law Society of Scotland 2013 SLT 462 (professional discipline of a solicitor)
  • Phipps v Royal College of Surgeons of Edinburgh [2010] CSOH 19 (professional accreditation of a surgeon)

Other

  • Clark v Chief Constable, Police Scotland and the Lord Advocate: A high profile claim for wrongful arrest and malicious prosecution – settled extra-judicially in late 2020.
  • Gillespie Investments Ltd v T Graham Gillespie [2012] CSIH 41 and 42; [2011] CSOH 108 and 109; [2010] CSOH 113 and 114
  • Clyde Windfarm Public Local Inquiry 21 July 2008
  • McDonald’s Trustee v Aberdeen City Council 2000 SC 185: Repayment of a discount under the tenants’ ‘right-to-buy’ scheme)
  • Bank of Scotland v Brunswick Developments (1987) Ltd 1999 SC (HL) 53: Rectification
  • Costain Building & Civil Engineering ltd v Scottish Rugby Union PLC 1993 SC 650: A Full Bench decision concerning the recall of arrestments
Directories
  • Chambers UK Bar – Recommended as leading silk in Clinical Negligence (Band 1) and Professional Negligence (Band 2)
  • Legal 500 – Recommended as leading silk in Personal Injury and Medical Negligence (Tier 1)
  • Who’s Who Legal – Recommended in Professional Negligence

 

Select publications
  • Expert Witness Immunity – Green’s Reparation Bulletin, Issue 82, June 2008