Claire Mitchell

Year of Call 2003        

Claire Mitchell called at the Bar in 2003, having been a solicitor in private practice since 1996.

She has been instructed in many first instance trials over the past 10 years and has a particular interest in health and safety cases. She has built up a strong Appeal Court practice, with an emphasis on constitutional, human rights and sentencing questions. She has attended the Privy Council and Supreme Court on a number of occasions in relation to cases of general public importance to the law of Scotland.

She provides seminar training for such bodies as the Glasgow. Paisley, Airdrie Dundee and Caithness Bar Associations, Judicial Studies Board and Glasgow and Edinburgh University. She also provides specialist `in house`training on particular topics, such as ECHR defences to prosecutions and compatibility issues arising in Health and Safety Prosections. 

She undertakes private first instance trials and appeals. Claire also has experience of Fatal Accident Inquiries and Corporate Criminal Trials and Appeals.

At the 2013 Law Awards of Scotland she received a "Special Recognition Award"  for her contibution to legal thinking over the past decade. More information can be found here.

 

STIRLING SHERIFF COURT 29 September 2017

Successful defence of an international company that was prosecuted under the Water Environment (Controlled Activities) (Scotland) Regulations 2011. It was required at trial  that the company prove ;

  • that the accident could not reasonably have been foreseen,

  •  that all practicable steps were taken to prevent deterioration of the water environment,

  • that all practicable steps were taken as soon as it was reasonably practicable to restore the water environment to its condition prior to the contravention, and

  • that particulars of the contravention were furnished to SEPA as soon as practicable after it occurs.

After 5 days of evidence led by both Crown and Defence, the Sheriff held that the defence had been proved and acquitted the Company of the charge.

WF v SCOTTISH MINISTERS [2016] CSOH 27

DECLAN HAINEY FATAL ACCIDENT ENQUIRY 2014  

PATERSON BOW AND LOVE [2014] HCJAC 87 
5 Bench Appeal in relation to s38 of the Criminal Justice and Licensing (Scotland) Act 2010

DOCHERTY V HMA [2014] HCJAC 94
Murder Appeal Referral from Scottish Criminal Cases Review Commission

KILPATRICK V HMA [2014] HCJAC 73
Social Media Trial and Appeal

KINLOCH V HMA 2012 UKSC 62
Supreme Court Appeal in relation to the right to privacy 

 

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