Barry John Divers
GENERAL INFORMATION:
1989 - 1994: LLB (Hons) DIP L.P University of Strathclyde Law School
1993: Kennedy Scholar nominee to Harvard
1995: Research Assistant to the Law Society of Scotland
1995 - 1998: Trained and worked with commercial firm of solicitors in Glasgow
1999: Called to Scottish Bar
2003: Appointed Advocate Depute Ad-hoc
2007: Appointed Standing Junior to the Financial Crime Unit, Crown Office
PRACTICE:
Principal Areas of Practice:
- Corporate Financial Prosecutions
- Personal Injury and Fatal Accident Inquiries
- Local Government: Licensing, Housing and Planning
Corporate Financial Prosecutions:
- Barry acts as Standing Junior to the Financial Crime Unit of Crown Office, and in that capacity, represents the Crown in numerous actions arising from the operation of the Proceeds of Crime Acts 1995 and 2002.
- He has been involved in many high profile cases concerning multinational companies, international carousel VAT frauds and the multi-million pound recovery of restrained assets. Recent cases have included H.M.A v Voudouri 2007 SLT 407 which resulted in the highest ever confiscation order pronounced by a Scottish Court pursuant to its powers under the Proceeds of Crime Act 2002.
Personal Injury Litigation and Fatal Accident Inquiries:
Barry has been regularly instructed for both the pursuer and defender in personal injury litigation in both the Sheriff Court and the Court of Session. In particular, Barry appeared as Junior Counsel for the pursuer in Mctear v Imperial Tobacco(2005) 2 SC1 the first litigation of its type in Europe to proceed to proof on the liability of tobacco manufacturers for lung cancer. Barry has also received instructions in relation to a number of Fatal Accident Inquiries, in particular appearing on behalf of medical staff.
Local Government: Licensing, Housing and Planning:
As a result of his background in local government, Barry has acted for, and against local authorities throughout Scotland before various tribunals including the Court of Session, Sheriff Court, Lands Tribunal, licensing boards and planning committees. Recent cases have included advising a major local authority on the issue of overpayment of occupational pensions and the first decided case arising from the operation of the Houses in Multiple Occupation (HMO) legislation. Wilson v Fife Council 2004
OTHER RELEVANT EXPERIENCE:
- 1995 - 2003: Councillor of East Dunbartonshire Council, member of licensing and planning committees
- 1996 - 1999: Convenor of Housing.