Profile

D Ian Mackay

Year of Call: 1980 | Year of Silk: 1993

D Ian Mackay QC

GENERAL INFORMATION:

Ll.B (Aberdeen)

PRACTICE:

Ian has a wide experience in many areas of civil litigation. His principal fields of practice include:-

  • Personal Injury
  • Medical Negligence
  • Insurance Litigation

Ian trained at Simpson and Marwick, Edinburgh and specialises in property damage, professional negligence (including medical negligence) and personal injury work in which he is instructed on behalf of both Pursuers and Defenders through Insurers, Loss Adjusters, Local Authorities and Trade Unions. He has appeared in the House of Lords in seven cases. He regularly appears in the Court of Session and Sheriff Court.

He has particular expertise in catastrophic injury claims, including head and spinal injury cases, claims in respect of industrial diseases, psychiatric injury and fatal claims.

SELECTED RECENT CASES INVOLVING NOVEL OR COMPLEX POINTS:

  • Angela Rorrison v West Lothian College and anor - 2000 SCLR 245 - for Defenders - first stress at work case in Court of Session -action dismissed.
  • Jane Reid and others v BP Oil Grangemouth Refinery Ltd 2001 GWD - 16-589 - for Pursuers - first Scottish case in which Jury trial allowed when Ogden Tables to be used for calculation of future loss.
  • Taylor v Glasgow City Council 2002 SC 364 - for pursuer - first Inner House interpretation of the Manual Handling Regulations - Defenders reclaiming motion refused.
  • John Green v Argyll and Bute Council 2003 SCLR 245 - for Defenders - first Proof in Scotland in which pursuer claimed damages for stress caused by overwork -Defenders assoilzied
  • Harrison v West of Scotland Kart Club and ors. 2004 SC 615 - for Defenders - first Inner House case in which it was argued that a member cannot sue a club of which he is a member for negligence - reclaiming motion against dismissal of claim against club refused.
  • Mrs Carol Cochrane v John Gaughan 2004 SCLR 245 - for Defender - first case in Scotland in which it was argued that water on a floor was not "likely to cause a person to slip" - defender assoilzied.
  • Gillanders v Arthur Bell (Scotch Tweed) Limited 2005 Rep LR 81 - for Defenders - Interpretation of Regulation 5 of the Workplace (Health Safety & Welfare) Regulations 1992 - Defenders assoilzied.
  • Nicola McKinlay v Score (Europe) Ltd (Lady Clark and Jury 12/10/07) - for pursuer - first use by Scottish Jury of 6th Ed. of Ogden tables to calculate future loss -tender exceeded by 90%.
  • William Lees v North Lanarkshire Council (Lord Bracadale 16/01/08) - for Pursuer - liability for defect in footpath - denied by Defenders - liability established.
  • Mark Easdon v A Clarke & Co. Ltd. (Lord Uist 15/02/08) - for Pursuer - Motor cyclist who sustained catastrophic injuries - liability denied - contributory negligence alleged - liability established - no contributory negligence.
  • Kenneth Harrison v West of Scotland Kart Club & Others (Number 2) (Lord Menzies 21/02/08) - for 1st Defender - attempt by Pursuer to introduce further defenders after limitation period had expired - refused.

PROFESSIONAL MEMBERSHIPS:

  • Chairman of the Faculty of Advocates Personal Injury Law Group 2001 to date

RECENT LECTURES, PAPERS and SEMINARS:

  • "Liability for Workplace Stress" (2007)
  • "Psychiatric injury arising from road traffic accidents" (2005)
  • Member of Advisory Group to Scottish Law Commission for their Report on Damages for Psychiatric Injury (Scot Law Comm. No196)
  • Lecturer on damages Faculty of Advocates 'Devils' course

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