David McNaughtan
GENERAL INFORMATION:
Practised as a Barrister and Solicitor in the High Court in Fiji (1994-1996)
Ll.B (Hons)(Aberdeen) (1989)
Dip.LP(Glasgow) (1990)
PRACTICE:
David is experienced in a wide range of civil litigation. Prior to coming to the Bar, he was a solicitor for 5 years. He also spent 2 years in Fiji as a Senior Legal Officer with the Director of Public Prosecutions there. His principal fields of practice include:-
- Personal Injury
- Professional and Clinical Negligence
- Property Litigation
David specialises in reparation cases and has represented pursuers and defenders (insurers and local authorities) in a wide variety of actions in both the Court of Session and Sheriff Courts. In his personal injury practice, he deals with cases involving all aspects of personal injury law, including employers' liability, occupiers' liability, road traffic accidents, industrial disease, and product liability.
David has experience of high value cases acting as junior counsel. He has been involved in quantification and settlement of a number of high value claims, where the settlement figure has been in excess of £1million.
In the professional negligence field, David has acted in cases involving allegations of negligence by solicitors. He also has experience of clinical negligence cases, including birth trauma, allegations of negligence involving GPs, and drug trials where problems have arisen.
In addition he has been involved in other civil litigations, such as property damage, and actions to prove the tenor of wills.
SELECTED CASES:
Reparation
- Bell v North Ayrshire Council [2007] CSOH] 12 - personal injury action - relevancy of pleadings under Occupiers' Liability (Scotland) Act 1960.
- Wallace Brown v Glasgow City Council [2007] CSOH 33 - accident at work in a country park - cases pled under common law, Workplace (Health, Safety and Welfare) Regulations 1992, Manual Handling Operations Regulations 1992, and the Occupiers Liability (Scotland) Act 1960 - question raised as to whether the pursuer's workplace was part of an agricultural undertaking.
PUBLICATIONS AND SEMINARS:
Road Traffic Accidents and the Consumer Credit Act 1974, 2000 Scottish Law Gazette 162
When is a Liability not a Liability? 2003 SLT (News) 113
PROFESSIONAL MEMBERSHIPS:
- Barrister and solicitor of the High Court of Fiji