Astrid E Smart
GENERAL INFORMATION:
MA (Hons) in Psychology(Edinburgh) (1989)
Ll.B (Edinburgh) (1993)
Dip.LP (1994)
PRACTICE:
Astrid trained as a solicitor with Simpson and Marwick in Edinburgh, and practised there after qualifying. Her principal fields of practice include:-
- Personal Injury
- Clinical and Medical Negligence
- Insurance Litigation
Astrid has an extensive civil practice, specialising in clinical negligence, including medical, dental, nursing and midwifery claims, accidents at work, occupational stress, industrial disease and catastrophic injury claims. She has a special interest in local authority public liability and occupiers' liability. She has been involved in several leading cases in relation to the interpretation of the European regulations in relation to employers' liability. She acts on behalf of both pursuers and defenders. Astrid is recommended by the Legal 500 in the field of personal injury and medical negligence claims.
SELECTED CASES:
Reparation
- James Love v North Lanarkshire Council Lord MacEwan, 23 January 2007 - interpretation of Workplace regulations in an accident at work
- Gilmour v East Renfrewshire Council 2004 Rep LR 40 - interpretation of Workplace regulations, in context of a widely reported case about a teacher falling while in school
- Butler v Grampian University Hospitals NHS Trust 2002 SLT 985 - interpretation of Workplace regulations in a case of a nursing assistant who injured her back lifting
- McLaughlin v East and Midlothian NHS Trust 2001 SLT 387- res ipsa loquitor and Workplace regulations, in an unexplained accident
- Miller v Perth and Kinross Council 2002 Rep LR 22 - claim in terms of Workplace regulations, for a fall on school grounds
- Campbell v East Renfrewshire Council 2004 RepLR 89 - interpretation of Workplace regulations in context of a fall outdoors
- Taplin v Fife Council 2003 SLT 653 - occupational stress claim by a teacher.
- Franklin v Brown, Chief Constable of Grampian Police 2001 Rep LR (N) 79 - Chief Constable's liability to an officer, when injury sustained during safety training
- Robertson and Others v Inspirations East Lord Macphail, 14 February 2007 proof in relation to liability for a coach crash involving Scottish holidaymakers in Turkey
- Syme v Scottish Borders Council 2003 SLT 601 - local authority liability for winter maintenance. No statutory duty to grit roads in Scotland; content of common law duty discussed.
- Baird v Cowie [2006] CSOH 168 - allowance of Issues in a personal injury action, where the damages were valued in excess of £1 millon
- Brown v Chief Constable Of Strathclyde Police And Another 2003 Rep LR 112 - liability in terms of Workplace regulations, in interim damages context
- Kennedy v Forrest-Jones 2001 SLT 630 - refusal of Issues; Jury's use of Ogden Tables
- McLaughlin v Shaw 2000 SLT 794 - relevance of Disability Discrimination legislation in approach to quantification of damages
Professional negligence
- Campbell T/A Campbell Associates v Ferguson, Macsween & Stewart And Others Lord Clarke, 24 April 2003 - solicitor's negligence action; failure to waive suspensive conditions in missives.
Insurance Litigation
- Bass Brewers Ltd v Independent Insurance Co Ltd 2002 SC 67 - interpretation of conditions precedent to liability in contract for insurance
Human Rights
- Mckie And Others v Macrae And Others 2006 SLT 43 - application of Human Rights act to procedural matters; dismissal of action for want of prosecution
PROFESSIONAL MEMBERSHIPS:
- Clerk to the Faculty of Advocates Scholarship Committee
- Advocates Personal Injury Law Group
- Advocates Professional Negligence Law Group