Barry Smith
GENERAL INFORMATION
LL.B. (1st Class Hons), Dip. L.P. (University of Strathclyde)
LL.M. (Harvard Law School), John F Kennedy Memorial Scholar
Faculty of Advocates, Lord Reid Scholar
Reporter, Session Cases
PRACTICE
Principal Areas of Practice:
Regulatory Crime:
Barry advises and appears in the High Court of Justiciary and Sheriff Courts in cases involving: financial crime; computer crime; and environmental offences. He regularly advises and represents those charged with offences arising from fatal road traffic accidents. He has considerable expertise and experience in the defence of charges under the Health and Safety at Work etc Act 1974 and related Regulations. Representative cases include:
- HMA v Mitie Engineering Services (Edinburgh) Ltd (HSWA s.2 / s.37)
- HMA v L H Access Technology Ltd (HSWA s.3)
- PF Fort William v Nevis Range Development Co Ltd & Kevin Byrne (HSWA s.3 / s.7)
- PF Kilmarnock v Eurofriction Ltd (HSWA s.2)
- PF Dunfermline v Oran Ltd (HSWA s.2)
- HMA v McDowall (HSWA s.3)
- HMA v Bell (RTA s.2B)
- HMA v Pratt & Discovery Homes (Scotland) Ltd (HSWA s.2 / s.37)
- In Re Ben McCreath (Fatal Accident Inquiry)
- HMA v Munro (RTA s.1)
- HMA v Kuehne + Nagel Ltd (HSWA s.2)
Personal Injury:
Barry has experience in all aspects of personal injury work in the Court of Session. He regularly advises insurers, corporate and local authority clients in personal injury cases arising from industrial accidents, product liability, road traffic accidents and occupiers' liability.
He has also acted for private and corporate clients in claims covering diverse areas of law including product liability, commercial property, contract, construction, game and fishing, and partnership. He regularly represents a number of Scottish Police Forces and Local Authorities.
Fatal Accident Inquiries:
Barry is experienced in the conduct of Fatal Accident Inquiries.
ACADEMIC & TEACHING
He is an Associate of Warwick Legal Training at the University of Warwick. He has been particularly involved in the development, management and delivery of legal courses for HSE Scotland.
He is also an experienced Tutor in Civil Advocacy, Legal Practice and Criminal Law & Court Practice at the University of Edinburgh.
He maintains academic links with Harvard Law School and is a regular contributor to legal journals and periodicals.
PROFESSIONAL MEMBERSHIPS
- Health & Safety Lawyers Association