Profile

Andrew Smith QC

Year of Call:1988 | Year of Silk: 2002

Andrew Smith QC

GENERAL INFORMATION:

Barrister (Gray's Inn) (2006 - date)
Ad Hoc Advocate Depute (1995 - date)
Ll.B (Hons) (Dundee) (1985)
Dip.LP (Dundee) (1986)
Diploma in Advanced Legal Studies (Edinburgh) (1987)
Languages: Basic French

PRACTICE:

Andrew has considerable experience in a wide range of civil and criminal litigation. In addition to his varied civil caseload, he regularly represents and advises the General Teaching Council for whom he has been appointed an Assessor. He has also prosecuted before the General Medical Council. His principal fields of practice include:-

  • Personal Injury and Insurance Litigation
  • Professional and Medical Negligence
  • Commercial and Contract Litigation
  • Regulatory Crime, including Health and Safety Prosecutions

Personal Injury litigation is approximately half of Andrew's workload. He has appeared on behalf of pursuers and defenders in many of the leading cases in this field in the Court of Session and House of Lords. He has particular experience in the conduct of civil jury trials for both defenders and pursuers.

In addition, Andrew regularly consults with Insurers on policy issues. He is aware of the difficulties and demands of the insurance industry.

He has significant experience in the criminal field, particularly in relation to proceedings for confiscation of the proceeds of crime. In 2002, Andrew was appointed as an "Appointed Person" in terms of the Proceeds of Crime Act 2002. In addition he has prosecuted many serious crimes, such as murder and rape in the High Court of Justiciary. He has appeared in the Privy Council in devolution issues.

Andrew has appeared in Sheriff Courts (at first instance and on Appeal to Sheriffs Principal) and the Court of Session in Commercial matters such as building contract cases; planning enquiries; company law matters; copyright cases; defamation cases; employment tribunals; partnership disputes; judicial review proceedings, in respect of a number of different matters that are too numerous to mention; Criminal Injuries Compensation hearings; and many other professional appearances that are diverse in nature.

More recently he successfully represented the pursuer in the case of McKie v The Scottish Ministers and others, concerning an allegation of fabrication of fingerprint evidence against a police officer. He was instructed to appear with the pursuer at the Parliamentary Inquiry into the matter. Andrew represented the Local Authority in a recent case (Snowie v Stirling Council) relating to the "right to roam" legislation. Judgment is awaited. He is also retained by the Isle of Man Coroner in respect of an inquest into the sinking of the Solway Harvester. The Inner House has granted authority to take evidence in Scotland from a principal witness in the case.

Andrew is qualified as a Barrister and is a member of Crown Office Chambers in London. He occasionally practices in England, and has a thorough working knowledge of English practice and procedures in reparation. He has conducted trials in civil matters in that jurisdiction.

SELECTED CASES:

Reparation

  • Wisely v John Fulton Plumbers - House of Lords Appeal concerning the application of interest to wage loss when benefits were received (heard in conjunction with Wadey v Surrey CC)
  • Simmons v British Steel - House of Lords appeal relating to matters concerning causation, remoteness of loss and principles of appeal.
  • McKie v Scottish Ministers - alleged fabrication of fingerprint evidence against a police officer.
  • Hughes v Grampian Country Food: (Inner House) - limiting the effect of the Manual Handling Regulations, and considering whether video evidence can be used on appeal.

Regulatory crime and other crime

  • Donnelly v HMA - confiscation of the proceeds of crime.
  • HMA v Crummock Ltd - defence of health and safety prosecution; human rights issues.
  • Sinclair v HMA - allegations of breach of article 6 of the European Convention on Human Rights. A Privy Council Appeal, in which for the first time a conviction was quashed.

Other cases

  • The Accountant in Bankruptcy v the Keepers of the Registers and Chung - correction of the Register of Titles.
  • Drummond and Co v The Scottish Legal Aid Board (a House of Lords Appeal) - interpretation of the Advice and Assistance Regulations.
  • Mitchell v Glasgow City Council - Andrew appeared (with Roddy Dunlop) for Glasgow City Council in this case, which concerned the liability of a local authority for the criminal acts of one of their tenants, who killed a co tenant. The case raised important issues of Human Rights and common law.

PUBLICATIONS AND SEMINARS:

Andrew was invited to lecture to the International Association of Investigators to discuss his involvement in the case of McKie v The Scottish Ministers at their conference in the USA in 2006. He regularly provides training to professional colleagues on damages, civil jury trials, and the science of fingerprinting.

PROFESSIONAL MEMBERSHIPS:

  • Member of the Faculty of Advocates' Personal Injury Law Group
  • Member of the Professional Negligence Bar Association
  • Member of the Faculty of Advocates Council (2006 - date)
  • Member of Gray's Inn, London (2006 - date)

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