Geoff J Clarke
GENERAL INFORMATION:
Ll.B (Hons) (Edinburgh) (1998)
Accredited Mediator (2006)
PRACTICE:
Geoff is experienced in a wide range of civil litigation and came to the Bar as a respected solicitor. His principal fields of practice include:-
- Personal Injury
- Professional and Medical Negligence
- Insurance Litigation
- Commercial and Contract Litigation
- Rating and Valuation
Geoff has been involved in a very wide range of advisory and advocacy work in all areas of personal injury litigation, on behalf of both Pursuers (from whom he regularly accepts instructions on a speculative fee basis) and Defenders. He has particular experience of claims for and against local authorities, claims of the utmost severity and claims arising from work with asbestos and other work related diseases. He has appeared in appeals in the Division, in a wide number of cases in the Court of Session and regularly in the Sheriff Court. He has particular expertise in complex assessments of damages and is experienced in the construction of indemnity clauses. His practice encompasses all types of appearance work as well as the negotiation and settlement of cases.
He undertakes both advisory and litigation work in a range of professional negligence disputes for both Pursuers and Defenders. This includes architects, surveyors, solicitors and medical negligence claims. A recent case involved failure of nursing supervision leading to premature death. He was also involved in an inquiry following the fatal failure of a staple line in a lung.
Geoff has advised a range of clients, including both policyholders and insurers, on all aspects of insurance policy cover including for example misrepresentation and non-disclosure, liability for fire damage, joint insurance and exclusion clauses.
He has broad experience of a range of commercial and contract litigation, with particular emphasis on sensible commercial advice and on trial advocacy. Cases range from straightforward claims for unpaid invoices to complex contractual disputes requiring construction of commercial documents within the contractual matrix. He has appeared in copyright cases and in actions seeking interdict arising out of employment, environmental concerns and commercial leases. Other matters have involved for example the control of internet domain names and implement of contracts to transfer heritable property. He has a particular interest in cases in which highly technical expert evidence is necessary.
Geoff is interested in the area of regulatory enforcement. He has appeared in a number of Fatal Accident Inquiries including appearing in a long running Fatal Accident Inquiry following a plane crash at Glasgow Airport.
He has also represented clients before numerous Local Valuation Committees and regularly appears before the Lands Valuation Appeal Court.
SELECTED CASES:
Personal Injury
- Beck v United Closures and Plastics 2001 SLT 1299 - the first case in Scotland to consider the application of the Workplace (Health, Safety & Welfare) Regulations 1992 and the Provision & Use of Work Equipment Regulations 1992.
- William Mcfarlane v Corus Construction and Industrial 2006 SLT 375 - a Proof before Answer dealing with the application of the Provision & Use of Work Equipment Regulations and the Manual Handling Regulations.
- William George Woodland v The Advocate General for Scotland and others 24 March 2004 - a case concerning the application of the Holtby principle of causation to Scots Law.
- Robert Alexander Thain v Fishers Services (Aberfeldy) Limited 2 October 2001 - a debate concerning the relevance of a claim for loss under a private pension scheme in a claim for personal injury.
- Welsh v Grigg & Sons & SGB, 1 June 2006 - 10 day Proof into the cause of the catastrophic failure of scaffolding; dispute between employer and scaffolder.
Commercial
- Mary Mcgregor and others v Scottish Water 25 January 2007 - ongoing dispute involving a test case following the flooding of the Pollock area of Glasgow in 1994.
- Bruce Martyn Mainland v Mainland Salmon Limited 2004 SLT 85; dispute concerning a share acquisition agreement; construction of the phrase "net unrecoverable taxes."
- Nickolas David French v Kerr Mcgee Oil (UK) Plc & others - construction of competing indemnities in companies responsible for recruiting and supplying offshore workers.
- Waydale Limited v DHL Holdings (UK) Limited 1999 SLT 631, 2001 SLT 207 & 224 - the application of the doctrine of res judicata to decrees of dismissal; the complex construction of cautionary obligations in the assignation of interests under a commercial lease and the application of the contra proferentem rule.
Rating and Valuation
- FHM Holdings Limited v The Assessor for Grampian Valuation Joint Board 2005 SC 1 - acting for the Hon Lord Morrison; a case concerning whether Fishing Huts on the River Deveron were rateable.
- Select Service Partner Limited v The Assessor For Glasgow 19 September 2003 - the rateability and value of concessions in railway stations in Glasgow.
Human Rights
- John Macinnes v Antonia Lloyd Owen 24 November 2004 - debate concerning the compatibility of civil jury trials with Art 6 of the European Convention on Human Rights.
PROFESSIONAL MEMBERSHIPS:
- Member of the Advocates Personal Injury Law Group
- Member of the Mediation and Dispute Resolution Group
- Life Member of the Royal Medical Society of Edinburgh
- Certificated Employment Lawyer (1992)