Compass Chambers

Latest News

02/02/2012 - Compass Chambers Charity 2012

Compass Chambers have decided to nominate a charity each year for all our fund-raising activities.  We are delighted to announce that our charity for 2012 is Children’s Hospice Association Scotland (CHAS). 

CHAS is a charity that provides the only hospice services in Scotland for children and young people with life-shortening conditions. CHAS offers care in two children’s hospices, Rachel House in Kinross and Robin House in Balloch. The hospices support the whole family by offering short planned breaks, emergency support, end of life care and a range of bereavement services. 

CHAS also provides a home care service, called CHAS at Home, staffed from both hospices and with dedicated teams in the North of Scotland. The service offers care to families in their own homes when they need it most. 

CHAS supports over 250 families, as well as a significant number of families who receive bereavement support. The services are funded mainly through the generosity of the many supporters who help raise over £7 million needed each year to provide these vital hospice services. 

Practice Manager Gavin Herd said “CHAS is a fantastic charity that does incredible work we are delighted to be raising money for such a worthy cause.”  

For more information please visit http://www.chas.org.uk/

 

26/01/2012 - : Scottish Sea Farms Ltd v HMA: Appeal against Sentence allowed

On 31 May 2011 Scottish Sea Farms Ltd pled guilty by way of Section 76 indictment at Oban Sheriff Court to an offence under Section 2 of the Health and Safety Act 1974 in relation to the death of two of its employees whilst working in a confined space on a barge operated by Scottish Sea Farms on Loch Creran.  The Sheriff imposed a sentence of £900,000.00, discounted to £600,000.00 to take account of the plea of guilty.  At the Appeal Court today, the appeal against sentence was allowed and the fine reduced to £333,335.00 on the grounds that the Sheriff had insufficient regard to the presence of mitigating factors and absence of aggravating factors of the type recognised by the Sentencing Guidelines Council and the Appeal Court in HMA v Munro.

 Scottish Sea Farms Ltd was represented in the Appeal proceedings by Peter Gray QC of Compass Chambers. (Mr Gray did not appear at the court below).

http://www.scotcourts.gov.uk/opinions/2012HCJAC11.html

25/01/2012 - Forth Rail Bridge FAI Determination

Sheriff Ian Dunbar today issued his determination in the Fatal Accident Inquiry into the death of Robert MacDonald.

Mr MacDonald, a blaster/sprayer on the Forth Bridge during the recent 10-year refurbishment programme, fell to his death from an unauthorised walkway some 300 feet above sea level. The Inquiry heard that Mr MacDonald and two colleagues had contravened a basic site rule to use only authorised walkways and had instead climbed over a barrier onto a part of the bridge which had at the time not yet been worked on.

The sheriff held, inter alia, that: “[T]hey [the duty holders] had to have rigorous systems which were well known to employees and they had to take all reasonably practicable steps to ensure they were enforced. To me, the evidence indicates that [Balfour Beatty] and [ThyssenKrup Palmers] did just that.” The sheriff accepted the evidence of the Office of Rail Regulation Inspector who “[i]n general… found health and safety on the Forth Bridge [to be] excellent.” The sheriff accepted the submission made on behalf of ThyssenKrup Palmers (and other duty holders) and held, in terms of section 6(1)(d) of the Act that “there was no defect in any system of working which contributed to the accident resulting in the death.”

Peter Gray QC and Barry Smith of Compass Chambers represent contractor ThyssenKrup Palmers. 

20/01/2012 - McInnes v. (1) Norwich Union Insurance; (2) AXA Insurance [2012] CSOH 6A

On 24th March 2007, the pursuer was injured in a RTA on the A9. She was a passenger in a car travelling southwards when a camper van crossed the central line and collided head-on. The evidence at proof before Lord Docherty was that a white van, driven by the second defenders’ insured, was travelling northwards and carrying out multiple overtaking manouevres. The white van overtook the camper van driven by the first defenders’ insured before cutting in front of a line of traffic, in turn causing the vehicles to brake. The second defender’s insured braked and steered slightly to the right when his wheels locked and carried him into the path of oncoming traffic.

 

The pursuer’s claim was settled and the defenders went to proof on apportionment. Lord Doherty considered the causative potency and blameworthiness of the two drivers’ actions. It was conceded by the first defenders that their insured had been driving too close to the vehicle in front. The second defenders contended that the first defenders’ insured was the effective cause of the accident. Lord Doherty found the first defenders’ insured to be a credible and reliable witness; the second defenders’ insured sought to minimise his culpability.

 

Lord Doherty found that both drivers were in breach of their duty as road users. The second defenders’ insured had “decided to take a chance” and his driving was hazardous. The first defenders’ insured ought to have been more alert to the development of the hazardous situation created by the overtaking manouevre; his decision to steer into the oncoming traffic was an error of judgment taken in a crisis, rather than a reckless decision to court danger. The fault of the second defenders’ insured was greater, but the first defenders’ insured’s actions were more closely connected with the collision. In assessing the comparative causative potency and blameworthiness, Lord Doherty apportioned liability on the basis of 50% to each defender.

 

The first defenders were represented by Ian Mackay QC and Craig Murray; the second defenders were represented by Iain Armstrong QC and Steve Love, all of Compass Chambers.

02/12/2011 - McGlinchey v General Motors UK Ltd

The pursuer claimed damages for injuries sustained by the pursuer when her car rolled back onto her, crushing her leg against a bollard.  The pursuer claimed that the accident was caused by a failure in the handbrake of her car and accordingly the defenders were in breach of their obligations to her under the Consumer Protection Act 1987 and the common law.  On 29th November 2011 Lord Brailsford issued an ex tempore decision following proof absolving the defenders.  He held, under reference to Rhesa Shipping Co. v Edmonds and another [1985] 1 WLR 918, that the explanation proffered by the pursuer’s expert was not satisfactory to explain the cause of this accident.  Furthermore, he held that if there was a defect in the handbrake, it had occurred post supply and was a result of wear and tear and so could not be a defect in terms of section 3 of the Consumer Protection Act or at common law.

The defenders were represented by Robert Milligan QC and Calum Wilson of Compass Chambers.

23/11/2011 - Samuel O’Neil v DHL Services Limited [2011] CSOH 83

The pursuer sought damages from the defenders for injuries he suffered as a result of an accident in the course of his employment with them as a driver/drayman.  Having unloaded empty kegs of beer from a trailer at the defenders’ depot, the pursuer jumped from the trailer onto a pad used for absorbing the weight of full beer kegs during deliveries.  It was snowing and the ground at the depot was icy.  As the pursuer landed on the pad, it slid away from underneath him, causing him to strike his back against the ground.  The critical issues in the case were whether there was a common and accepted practice of jumping from the sides and the rear of trailers; the nature and extent of the pursuer’s knowledge about the dangers of jumping; and the training he had received on those matters.  Lord Pentland held that the defenders provided adequate training to the pursuer; that there was no established practice of jumping down, which the defenders had failed to root out or to which they turned a blind eye; and that the trailer was properly maintained.  The pursuer was entirely the author of his own misfortune; he chose to take a risk for which he alone was to blame.  The successful defenders were represented by Jillian Martin-Brown of Compass Chambers.  The full judgement can be found at http://www.scotcourts.gov.uk/opinions/2011CSOH183.html

22/11/2011 - Compass Chambers Annual Conference

Compass Chambers held a very successful annual conference on 18th November at the Balmoral Hotel, Edinburgh.  175 delegates enjoyed informative and relevant presentations delivered by Compass members in the core areas of Reparation, Regulatory and Professional Negligence.  Professor William McBryde was the keynote speaker and was well received by delegates.   The feedback from the event has been excellent with attendees advising that the content of the seminars was very good. Comments from delegates included “top class” “excellent course with high quality presentations” and “quality CPD”.   Following the conference Compass Chambers held a drinks reception which allowed delegates the opportunity to meet with Compass members in a more relaxed environment. 

14/11/2011 - Compass Chambers Essay Competition - Winner Announced

Compass Chambers appreciate the importance of maintaining links with the Scots Law Faculties and with future members of the Legal profession and accordingly held our Inaugural Annual Essay competition for Legal Practice Diploma Students this year.  

The students were set the task of writing an Essay of no more than 2000 words and had to tackle the issue “An employer is always liable for the acts and omissions of his employees. Discuss”. 

Entries were received from Students at Edinburgh University and Glasgow University as well as Strathclyde University which provided this year’s winner Emma Boffey.  

Emma was the clear choice of the judging panel and was praised for her practical approach to the issue and her readable style. The panel also felt that the essay was well researched, accurate and to the point. 

Emma will be presented with her prize, a cheque for £1,000, at the Compass Chambers Annual Conference at the Balmoral Hotel which takes place on Friday 18th November. The prize will be presented by Peter Gray QC, the director of Compass Chambers and Prof William McBryde, guest speaker at the conference.

10/11/2011 - Talisman Energy Wins Improvement Notice Appeal

In February 2011 the Health and Safety Executive served an Improvement Notice on Talisman Energy regarding alleged breaches of the Offshore Installations and Wells (Design and Construction) Regulations 1996 in relation to accommodation on the Tartan installation.  Talisman appealed against the Notice on the grounds that its accommodation complied in all respects with the Regulations.  The appeal was heard by the Employment Tribunal at Aberdeen in November 2011.  After three days of evidence the HSE withdrew its opposition to the appeal and the Tribunal ordered that the Notice be cancelled.

http://www.pressandjournal.co.uk/Article.aspx/2513006

Talisman Energy UK Limited was represented by Peter Gray QC of Compass Chambers.

09/11/2011 - Strange v Wincanton Logistics Ltd: manual handling appeal

At advising on 26 October 2001, the Opinion of the court in the case of Strange v Wincanton Logistics Ltd was delivered by Lord Brodie.

The pursuer had raised an action (in the Sheriff Court at Livingston) against his former employer, the defenders. It was said that he injured his back whilst moving an empty pallet (one of a number) in the defenders’ warehouse. The defenders admitted that the task was a manual handling operation involving a risk of injury in terms of the Manual Handling Operations Regulations 1992. At proof, the sheriff found in the defenders’ favour, holding that it was not reasonably practicable for the defenders to have eliminated manual handling and that they had reduced the risks to the lowest level reasonably practicable. The pursuer appealed, arguing, inter alia, that there had been insufficient evidence to allow the sheriff to perform the Edwards v NCB balancing exercise. The Opinion of the court includes an interesting discussion of the application of the reasonable practicability test in the context of the Manual Handling Regulations [para.s 24 – 28], and in light of the dicta of Lord Mance in the recent Supreme Court case of Baker v Quantum Clothing Group [2011] 1 WLR 1003. In particular, the court considered it significant that the task being undertaken by the pursuer had been carried out routinely by the pursuer and others, over many years, and was seemingly universal practice in the warehousing industry. Referring to Baker, the court held that the fact that an employer had followed general practice in the industry was a significant factor to be weighed in the balance in determining reasonable practicability [para. 25]. The court refused the appeal. 

http://www.scotcourts.gov.uk/opinions/2011CSIH65a.html

Graeme Middleton of Compass Chambers represented the Appellant & Pursuer. Barry Smith of Compass Chambers represented the Respondent & Defender. 

07/11/2011 - Ogden Tables

The seventh edition of the Ogden tables has now been published. Practitioners should note that in calculation of damages for the future, they are considered to be the default method of calculation. They can be accessed here: http://www.gad.gov.uk/Documents/Other%20Services/Ogden%20Tables/Ogden_Tables_7th_edition.pdf

Within the tables, a number of important changes are noted.

First, there are significant increases in the valuations for whole life values. This is a direct consequence of higher than previously predicted life expectancy in the population.

Second, there are significant increases in pension loss multipliers.

Third, the tables advise on discount rates ranging from minus 2% to plus 3%. There is also mention of the case of Helmut v Tradex, a decision of the Court of Appeal in Guernsey. That case, in which both Jonathan Sumption QC and Mike Jones QC sat, concluded that the current Lord Chancellor’s and indeed Lord Advocate’s rate of 2.5% was no longer realistic. (The Channel Islands enjoy the luxury of not being bound to that rate). It can be assumed that, by reason of the reference to that case and by the provision of negative discount rates, it is anticipated that the rates will fall once the Government finally reconsiders the position. For those who find it hard to work out why there should be a negative rate, it is now the position that event the safest investment (GILTS) do not keep pace with inflation. To have a return, it requires a larger lump sum than a simple X years multiplied by the multiplicand. Whether a negative “discount” is truly a discount is debatable.

Can there be an argument that a court should ignore the Lord Advocate’s statement in the Statutory Instrument applicable?

It has not yet been argued, but there would appear to be room to do so under section 1(2) of the Damages Act. Although this has been tried before and failed some time back, it may be that the failure of the Lord Chancellor’s Department to amend it, is reason to ignore it under the Act. The difference it makes to future claims is huge (see the figures in Helmut) and that is so especially in catastrophic cases.

Defenders will no doubt wish to argue on the basis of McGhee v Diageo, and Brand v Transocean, that lump sums should be awarded rather than Ogden calculations. Brand is scheduled to be heard in the Division before the end of the year.

31/10/2011 - Murdo MacLeod QC Joins Compass Chambers

Compass Chambers are delighted to welcome Murdo MacLeod QC who has joined today. Murdo is a valuable addition to the Regulatory Crime team but also has a wealth of experience in Fatal Accident and Public Inquiries having been Counsel to the Billy Wright Inquiry in Ireland from 2005-2010.

Murdo is dual qualified having become a member of the Bar of England and Wales in 2011 and he is currently with T G Chambers.  

Peter Gray QC, director of Compass Chambers commented, “We are delighted that Murdo has chosen to join Compass. With his experience he will be a tremendous asset to the Regulatory Crime team and to Compass as a whole. We welcome him and wish him all the best in his career with Compass Chambers”.

Gavin Herd, Practice Manager of Compass said, “It is fantastic news that Murdo has joined. Our Regulatory Crime team is the strongest at the Scottish Bar, and this will be enhanced with Murdo’s arrival".

For further information about Murdo MacLeod QC, please click here

27/10/2011 - Success for Compass Chambers in Chambers UK 2012 Rankings

Compass members have received a total of 16 rankings in the latest edition of the Chambers Directory which was published yesterday.

11 members are ranked across the areas of Personal Injury, Clinical Negligence and Health & Safety Crime. In addition Compass have achieved a Band 1 ranking as a set for both Personal Injury and Clinical Negligence. In the field of Health & Safety Crime, Chambers UK only rank individuals and not sets. 

Practice Manager Gavin Herd said “We are delighted to have 16 rankings this year, having only received 4 last year. We are especially pleased to be ranked as a set for both Personal Injury and Clinical Negligence.” 

The full list of categories, members and comments from the editorial are as follows –  

Personal Injury 

D I Mackay QC

Susan O’Brien QC

Iain Armstrong QC

Andrew Smith QC

Robert Milligan QC

Malcolm McGregor

Astrid Smart

Amber Galbraith 

Health & Safety 

Peter Gray QC

Jamie Gilchrist QC

Barry Smith  

Clinical Negligence 

Susan O’Brien QC

Iain Armstrong QC

Andrew Smith QC

Malcolm McGregor

Astrid Smart  

In addition, there was mention for the clerking team with interviewees rating the clerks’ “availability, efficiency and helpfulness”. A full list of rankings can be found on the Chambers website here.

26/10/2011 - Compass Chambers Annual Conference – Now Fully booked

The Compass Chambers Annual Conference on 18th November at the Balmoral Hotel is now fully booked.  If you have not yet advised that you wish to attend please still get in touch as we are keeping a waitlist and will replace delegates as and when places become available. 

17/10/2011 - New Edition of Ogden Tables

12/10/2011 - Compass Chambers Annual Conference 2011

Compass Chambers is delighted to invite you to attend its 4th Annual Conference.

The conference will take place on Friday 18th November at the Balmoral Hotel, Edinburgh, from 1pm – 5:30pm and is free to attend. The conference is open to all solicitors, in-house lawyers, trainees and paralegals. Under the Law Society of Scotland’s guidelines, delegates will be accredited with 3 hours of CPD time.  

This year the program will include a review of recent developments in the fields of reparation, regulatory prosecutions and professional negligence. A range of seminars will be led by Compass Chambers’ experts in each field. 

As in previous years, delegates are given the opportunity to select 3 seminar topics from a choice of 6 and these will be heard in breakout sessions throughout the afternoon. The topics and speakers are as follows –  

Update on Causation – Ian Mackay QC and David McNaughtan 

Damages in Fatal Claims – Robert Milligan QC and Gavin Thornley 

Settling Claims using Periodic Payment Orders – Kay Springham and Jillian Martin-Brown 

Materiality of Risk, Foreseeability of Risk: A Review of the Reasonable Practicability Defence in Health and Safety Prosecutions in light of recent judgements – Peter Gray QC       

Procedural Developments and Sentencing Trends in Health & Safety – Jamie Gilchrist QC and Barry Smith 

Professional Negligence – Geoff Clarke QC and Louis Moll

The event will continue with a drinks reception from 5:30pm, to which all attendees of the Conference are invited.  

BOOK NOW TO AVOID DISAPPOINTMENT 

If you would like to reserve a place at the Conference, please contact Kiera Johnston at kiera.johnston@compasschambers.com providing your name, firm and the 3 seminars you would like to attend on the day. Please note that places will be allocated on a first come, first served basis.  

We look forward to welcoming you to the Compass Chambers Annual Conference 2011.

06/10/2011 - Forth Rail Bridge FAI gets underway

At Dunfermline Sheriff Court on 26 September 2011, the Fatal Accident Inquiry into the death of Robert MacDonald commenced with the evidence of his co-workers. The Inquiry heard that on the night in question, Mr MacDonald and two colleagues had taken a short cut on an unauthorised walkway.

The Inquiry, before Sheriff Dunbar, will resume on 13 December.

http://news.stv.tv/scotland/east-central/272353-worker-who-died-after-falling-from-the-forth-rail-bridge-should-never-have-been-on-walkway/

 Peter Gray QC and Barry Smith of Compass Chambers represent contractor ThyssenKrup Palmers.

03/10/2011 - The Scottish Football Association appoints Gary Allan QC to its Judicial Panel.

Following a complete revision of the disciplinary procedures governing the sport from the highest professional to the lowest amateur level, the Scottish Football Association has appointed a Judicial Panel to adjudicate in disciplinary matters arising both on and off the field of play, amongst players and other parties involved in the game.The Association has appointed Gary Allan QC as an Appeal Chair member of its new Judicial Panel. His principal remit is to preside over appeals from decisions of disciplinary tribunals, including those under the new fast track system following on field incidents, but he will also sit at first instance in matters of complexity.

Gary said “The Scottish Football Association has worked very hard and very carefully, and it has devised a robust disciplinary code and process which it is confident will address the future and some matters which may have caused concern in the past. In this new chapter, I am honoured and pleased to be able to make this contribution to the work of the Association”.

29/09/2011 - Levels of damages in a mesthotheolima action identified

In the most recent case since Renfrew v Lithgows Ltd in 2008, the Court of Session has identified the appropriate levels of damages in a mesthotheolima action in Wolff v Moulds [2011] CSOH 159. The pursuers of the deceased argued that in light of recent jury awards in cases resulting in death, the widow of a victim should be entitled to an award of £70,000 with the adult children of the family entitled to £50,000 each. The Court determined that the widow should be awarded £50,000 with the children £15,000 and £18,000 respectively. These sums are in largely in line with previous judicial awards in Scotland. For the first time in Scots law, the Court made an award in respect of a claim by a grandchild. The pursuer's solicitor advocates had argued for £30,000 with the Court ultimately awarding £6,500. Malcolm McGregor of Compass Chambers appeared on behalf of the defenders.

23/09/2011 - Compass Members Ranked in Legal 500 2011

12 Members of Compass Chambers have been ranked in the 2011 edition which was published this week.

Our core areas of Reparation and Regulatory feature strongly with 6 members ranked in the category of "Personal Injury, Medical Negligence and Professional Negligence" and 4 ranked in the category of "Health & Safety and Regulatory".

Practice Manager Gavin Herd said "We are delighted to have 12 members ranked this year, it is a significant increase on the 8 who were ranked last year. It is especially pleasing to have such a strong showing in our core areas."

The full list of Categories and Members are as follows -

Personal Injury, Medical Negligence and Professional Negligence 

Health and Safety, and Regulatory 

Intellectual Property & Information Technology 

David Sheldon

Crime

Maggie Scott QC

To see the full listing on the Legal 500, please click here.

 

16/09/2011 - HMA v Alexander Dennis Ltd: coachbuilder fined £50,000

At Falkirk Sheriff Court on 13 September 2011, Alexander Dennis Ltd (“ADL”), pled guilty to a breach of section 2(1) of the Health & Safety at Work etc Act 1974.

The company operates a state of the art coach building plant at Falkirk, from where it exports buses, including those using the latest hybrid technology, to Europe, Australasia, the Far East and North America. ADL has a 39% share of the UK bus market, larger than any other manufacturer.

In September 2009, during the assembly process, an experienced worker was injured when a floor platform he was manoeuvring into place slipped from slings on a fork lift truck and struck him. The company accepted that no risk assessment of the lifting operation had been carried out, no safe system of work had been employed and that their employees had not received sufficient training. The court heard that ADL immediately suspended the operation and carried out a full review of all lifting operations. Sheriff W G Gallagher, sentencing, stated that he took into account the company’s international reputation, its importance locally as a significant employer and that it had no previous convictions,  Following submissions, the Sheriff imposed a discounted fine of £50,000.

 http://www.bbc.co.uk/news/uk-scotland-tayside-central-14912877 

Barry Smith of Compass Chambers represented the accused.

  

13/09/2011 - Legal Personality of the Year: Maggie Scott QC

At the Law Awards of Scotland 2011, Maggie Scott was honoured as Legal Personality of the Year. Before collecting her award, the following citation was read:

08/09/2011 - Compass Chambers Essay Competition

Compass Chambers is delighted to announce our inaugural Annual Essay Competition. We appreciate the importance of maintaining links with the Scots Law Faculties and with future members of the legal profession, so have decided to launch the competition which is open to all Legal Practice Diploma students.

The winning entry will receive a cash prize of £1,000, to be presented by the keynote speaker at the Compass Chambers annual Conference on Friday 18th November 2011 at the Balmoral Hotel in Edinburgh. The conference is a significant event in the annual professional calendar and is attended by large numbers of the legal profession from all over Scotland. 

This year’s topic for discussion is:“An employer is always liable for the acts and omissions of his employees. Discuss.”. 

Looking for a considered and analytical response to the essay problem, entries are invited for submission by 31st October 2011 to Gavin Herd, Practice Manager, Compass Chambers, Parliament House, Edinburgh, EH1 1RF or by email to gavin.herd@compasschambers.com. Essays should be no longer than 2,000 words in double-spaced type script.  

Good luck to all entrants!    

05/09/2011 - John Jenkins -v- HMA

John Jenkins who was convicted of killing a mother of four and jailed for life with a minimum term of 20 years won his appeal against conviction yesterday. The appeal case centered on the fact that a Crown Witness had identified two other men as the killer.

The Appeal Court in Edinburgh ruled that the jury had been incorrect to rely on the witness's identification which resulted in an unreasonable verdict.  This is only the third case of this kind in Scotland. Margaret Scott QC represented John Jenkins. 

26/08/2011 - Wallace v Glasgow City Council [2011] CSIH 57

The pursuer, an employee of the defenders, was injured when she fell off the toilet that she was standing on to open a window.  The defenders were assoilzied in the Outer House.  The pursuer reclaimed and the Inner House held that the defenders had breached their statutory duties under regulation 3 of the Management of Health and Safety at Work Regulations 1999 and regulation 15 of the Workplace (Health, Safety and Welfare) Regulations 1992.  Had they carried out a proper risk assessment, they would have provided a window pole in the cubicle.  The finding of 50% contributory negligence was not disturbed.  The successful pursuer was represented by Robert Milligan QC of Compass Chambers.

The full judgement can be found at http://www.scotcourts.gov.uk/opinions/2011CSIH57.html

25/08/2011 - McCarthy v Highland Council [2011] CSIH 51

The pursuer, a teacher, sued for injuries sustained following a series of assaults by an autistic pupil.  She was successful in Inverness Sheriff Court.  The defenders appealed.  Whilst critical of the way the sheriff set out his judgement, the Inner House held that he had been entitled to come to the conclusion that he did and the appeal was refused.  Robert Milligan QC of Compass Chambers represented the pursuer.  Peter Milligan of Compass Chambers was junior counsel for the pursuer.

  

The full opinion of the court can be found at http://www.scotcourts.gov.uk/opinions/2011CSIH51.html

24/08/2011 - Compass Chambers Annual Conference - Amendment to Date

Compass Chambers announces an amendment to the date for its Annual Conference. This will now take place on Friday 18th November at the Balmoral Hotel in Edinburgh.  The decision to change the date has been taken following the announcement of the memorial service for the Rt Hon the Lord Rodger of Earlsferry to be held in St Giles Cathedral on 25th November. We have moved the conference to avoid a clash of dates as many of our members, and we are sure many delegates, would like to attend the memorial service for Lord Rodger.

We will be announcing full details of speakers and topics soon. If you would like to be included on the mailing list, please contact Grace Moran – grace.moran@compasschambers.com

 

23/08/2011 - Heather Hodgkinson v Renfrewshire Council [2011] CSOH 142

10/08/2011 - Edinburgh Conference - 25th November 2011 - Save the Date

Compass Chambers is delighted to announce our annual Edinburgh Conference will take place on Friday 25th November at the Balmoral Hotel. We are still finalising the lineup of speakers and topics, but can confirm that the conference will run from 1pm – 5:30pm and will once again provide delegates with informative and up to date talks in Compass Chambers core areas of Reparation, Regulatory Crime and Professional Disciplinary Proceedings. Further information about the conference including how to reserve a place will appear here in September. However, to ensure you are on our mailing list to receive details direct, please contact Grace Moran - grace.moran@compasschambers.com

 

01/07/2011 - HMA v Roland Jean Jacques Bayon: A9 double fatality sentence

At Inverness Sheriff Court on 1 July 2011, Roland Bayon was sentenced for causing death by careless driving in contravention of section 2B of the Road Traffic Act 1988.

The accident, which occurred on the A9 near Drumochter, resulted in the death of a motorcyclist and his pillion passenger. Monsieur Bayon had pulled out into the opposing carriageway believing that he was still on a dual carriageway.  Sheriff Susan Raeburn accepted counsel’s submission that the case was not one in which custody was appropriate and imposed a fine of £3,000.

http://www.bbc.co.uk/news/uk-scotland-highlands-islands-13989664

Barry Smith of Compass Chambers represented Roland Bayon.

17/06/2011 - Damages (Scotland) Act 2011

On 15th June 2011, the Cabinet Secretary for Justice, Kenny MacAskill MSP, advised Parliament that a commencement order would be made to bring the Damages (Scotland) Act 2011 into force on 7 July (i.e. 3 months after Royal Assent).  A commencement order has now been signed and will be laid before Parliament this week.

13/06/2011 - Success for Compass Chambers Ayr Conference

Compass Chambers held its inaugural Ayr conference on Thursday 9th June at Ayr Racecourse. Despite a lower than expected turnout, it was a very successful day with delegates being treated to talks on Judge and Jury Awards in Fatal Claims, Fatal Accident Inquiries, Stress at Work and Food Safety Prosecutions.

 FEEDBACK

 "Very smooth and professional"

"Interesting topic with enthusiastic speaker"

"Particularly informative"

"Excellent presentation"

 Feedback from the Conference has been excellent with 92% of delegates rating the talks as good or very good.

31/05/2011 - Pratt v The Scottish Ministers [2011] CSOH 86

The pursuer sought damages from the Scottish Prison Services for psychological injuries sustained following the ingestion of blood from a prisoner at Barlinnie.  The pursuer claimed that the defenders’ failure to provide counselling through their in-house  service, the Barlinnie Care Team (BCT) had caused or materially contributed to his injuries.  Lord Brodie held that the defenders had not breached their duty of care to the pursuer when they knew that the pursuer had immediately availed himself of appropriate NHS treatment instead.  In any event, he held that early referral to the BCT would not have made any difference to the pursuer’s condition.  The case also contains a useful analysis of the role of expert witnesses.  The defenders were represented by Robert Milligan QC and David Sheldon of Compass Chambers

26/05/2011 - Supreme Court Judgement - Nat Fraser

24/05/2011 - Compass Chambers - Inverness Conference

Compass Chambers is delighted to invite you to attend our Inverness Conference.The Conference will take place on Thursday 30th June 2011 at The Kingsmill Hotel, Inverness, from 1pm until 5pm. Under the Law Society of Scotland's Guidelines, delegates may claim 3 hours of CPD time and the conference is FREE to attend.The programme provides a comprehensive review of the latest procedural and policy developments in Compass Chambers' core areas of Reparation, Regulatory Crime and Professional Discipline. The Inverness Conference aims to provide delegates with up-to-date information regarding the important issues concerning these core areas along with the opportunity to discuss some of the most significant and current developments. Members of Compass Chambers who specialise in these areas will lead the seminars.The Programme (please click below to download) will commence at 1:00pm with registration and run through until 5:00pm. A drinks reception and buffet will follow to which all conference attendees are invited.

For more information or to reserve a spot at this Conference, please email grace.moran@compasschambers.com  or call 0131 260 5661.  

Download Accompanying File

24/05/2011 - Health and Safety Prosecution - HMA -v- Maersk

The Maersk Company Limited was indicted for trial at Stonehaven Sheriff Court in respect of charges under Sections 2 and 3 of the Health and Safety at Work Act 1974, and a charge under Regulation 3 of the Management of Health and Safety at Work Regulations 1999 following an offshore incident where two contractors were severely injured following an uncontrolled release of gas from a gas export riser during major repair operations.   The charges were denied, and after ten days’ evidence Maersk was acquitted of all charges.The Maersk Company was represented by Peter Gray QC of Compass Chambers.

13/05/2011 - Compass Chambers Inaugural Ayr Conference 2011

Compass Chambers is delighted to invite you to attend our Ayr Conference.The Conference will take place on Thursday 9th June 2011 at Ayr Race Course in their Roman Warrior Suite from 1pm until 5pm.  Under the Law Society of Scotland's Guidelines, delegates may claim 3 hours of CPD time and the conference is FREE to attend.  The programme provides a comprehensive review of the latest procedural and policy developments in Compass Chambers' core areas of Reparation, Regulatory Crime and Fatal Accident Inquiries.  The Ayr Conference aims to provide delegates with up-to-date information regarding the important issues concerning these core areas along with the opportunity to discuss some of the most significant and current developments.  Members of Compass Chambers who specialise in these areas will lead the seminars. 

The Programme (Please click on the link below to download a copy) will commence at 1:00pm starting with registration and run through until 5:00pm. A drinks reception with canapés will follow to which all conference attendees are invited.

To book your place or for further information on this event, please email kiera.johnston@compasschambers.com or phone 0131 260 5657

Download Accompanying File

09/05/2011 - Motorcycles and Fatal Claims

Lord Woolman recently issued his decision in the case of Allison Bellingham and Ors v James Todd. The action concerned a motorcycle accident which resulted in the death of Clifford Paul Bellingham. Mr Bellingham had been riding his motorbike behind the defender's van. The defender braked heavily, which caused the deceased to take evasive action - whereupon he was struck by an oncoming car and killed instantly. The pursuers alleged that the defender had no sufficient reason for breaking heavily, and had thus acted negligently. Liability was denied. There was a further dispute concerning the extent of contributory negligence due to the deceased following too closely behind the defender's van.
 
Lord Woolman held that the defender had been negligent in undertaking heavy braking without sufficient reason. He held, however, that the pursuer was 80% to blame for the accident.

The case was also the first judicial consideration of the levels of awards under s.1(4) of the Damages (Scotland) Act 1976 since Lord Glennie's decision in Weir v The Robertson Group; and since the recent spate of jury trials on the issue. His Lordship held that awards did need to be raised, which he did to a modest level.

All four counsel appearing were from Compass Chambers - Robert Milligan QC and Richard Pugh for the pursuers; and DI MacKay QC and Steve Love for the defender.
 
The decision can be found at:
http://www.scotcourts.gov.uk/opinions/2011CSOH74.html

 

28/04/2011 - Compass Team completes London Marathon

On 17th April the Compass Team successfully completed their challenge to run the 2011 London Marathon on behalf of NCYPE. Faced with soaring temperatures, Peter Gray, Malcolm McGregor, Steve Love and Amber Galbraith were able to keep their cool and complete the gruelling 26.2 miles – starting at Greenwich, and finishing on Pall Mall. Peter completed it in an excellent 4 hours 15 minutes – only one minute 30 seconds slower than his time last year. Malcolm followed shortly after, in 4 hours 35 minutes. Amber and Steve brought up the rear in 5 hours 14 minutes and 5 hours 28 minutes respectively. The team were running on behalf of NCYPE, which is the UK's major provider of specialist services for children and young people with epilepsy and other neurological conditions. Donations are still very gratefully received, and can be made online at www.justgiving.com/compasschambers  

28/03/2011 - Casus Omissus - the Aberdeen Law Project

Casus Omissus - the Aberdeen Law Project- held it first AGM on 7 March 2011. A student founded, student staffed and student run pro bono provider of legal advice and representation, the project has captured the imagination of the student body, the Law Faculty and the profession in Aberdeen and beyond. It is now being consulted so often by individuals, small businesses and not for profit organisations that it is working to the limits of its present capacity.

The AGM included entertaining and informative advocacy training sessions led by Lady Dorrian and Lord Woolman.
The keynote inaugural Casus Omissus Lecture was delivered by Gary Allan QC of Compass Chambers. He spoke of Scotland's long and proud history of lawyers providing help to the needy and the challenges of advising and representing those interests in a time of constrained legal aid provision.

Gary Allan QC, along with Lady Dorrian, Lord Woolman and David Parrat, Advocate, are members of the Board of Management of the company limited by guarantee, chaired by Professor Margaret Ross, which the founders appointed during 2010. The Board comprises both well established national and local legal figures and academics and representatives of the student volunteers.

Gary said “ Whilst we always complain about our fees and at the moment appear to have much to complain about in regard to legal aid, the fact of the matter is that the needy still do not get the advice and representation under legal aid arrangements which they often require. I believe that lawyers have a moral, ethical and professional obligation to press for the proper provision of legal aid, but thereafter to do what they can pro bono publico to address some of that unmet need“. “

22/03/2011 - Compass Members to run London Marathon

Following Peter Gray's successful assault on the London marathon in 2010 he has decided to do it all again!  and after plying Compass colleagues with plenty of wine at a pre-christmas do, Malcolm McGregor, Amber Galbraith and Steve Love decided to join him.  Their aim is to raise money for youngsters suffering from epilepsy, and so they are running on behalf of the National Centre for Young People with Epilepsy “NCYPE”.

NCYPE is the UK’s major provider of specialist services for children and young people with epilepsy and other neurological conditions, providing both residential and day services for children and young people aged 5 to 25. The NCYPE concentrates on the needs of those most severely affected by epilepsy in the UK with the aim of securing better futures for these children and young people. 

As for the team: Too old?  Too short?  Too fat? Perhaps - but they have taken on this challenge because NCYPE is a truly inspirational  charity. They have set a team target of £15,000.00 to raise for this richly deserving cause and very much hope that you will feel able to sponsor them in their efforts to raise funds on its behalf.If you would like to sponsor the team, you can either send a cheque payable to any one of the team to Compass Chambers, Faculty of Advocates, Parliament Square, Edinburgh EH1 1RF; or you can make a payment online  at www.justgiving.com/compasschambers Thank you.  

18/03/2011 - St Andrews University Debate

18/03/2011 - Shrieval Appointment

Compass are delighted to announce that Alastair Brown has been appointed as a floating sheriff of South Strathclyde, Dumfries and Galloway. Alastair will take up office from 11th April, so will be leaving Compass Chambers, and the Bar, on 8th April.

Peter Gray QC, director of Compass Chambers commented "We would like to congratulate Alastair on his appointment which is thoroughly deserved.  In his brief period at the Bar Alastair developed an excellent practice and reputation, and made a significant contribution to Compass.  We wish him every success for the future."

17/03/2011 - Compass Members Appointed to Preferred Counsel Panel for the Equality & Human Rights Commission

Compass Chambers are pleased to announce that Susan O’Brien QC, Kay Springham and Craig Murray have been appointed by the Equality and Human Rights Commission to their Counsel Preferred Panel. All 3 counsel have experience and an interest in equality and human rights issues, as well as public law generally.

CVs for the 3 can be found on their individual pages.

16/03/2011 - Fatal Accident Inquiry into the Death of Norma Kirk [2011] FAI 15

The inquiry followed on from the death of Norma Kirk following misplacement of a feeding tube. Unfortunately an X-Ray had been misread and it was not appreciated that the tube lay in the lung and pleural space, rather than the stomach. Mrs Kirk was fed for a number of hours before the mistake was realised. She died a few days later.

The Inquiry looked into the circumstances of the death, in particular the protocols in place and the issue of training. Sheriff McSherry made formal findings in terms of subsections (a) and (b). He made no findings under subsections (c) or (d). Under subsection (e) he noted certain further facts regarding changes already made, but did not accept they directly contributed to Mrs Kirk's death. He also accepted that protocols require to be looked at in an operational context, and should not be rushed unnecessarily - particularly if changes in practice have already occurred.

The full determination can be viewed at:
http://www.scotcourts.gov.uk/opinions/2011FAI15.html

Richard Pugh, of Compass Chambers, represented Fife Health Board at the Inquiry. 

 

21/02/2011 - Alastair Brown to travel to Washington DC as an Expert Evaluator for GRECO Group

Advocate Alastair Brown is set to travel to Washington DC as part of a group of expert evaluators for the Council of Europe Group of States against Corruption (GRECO). Dr Brown is undertaking the trip at the behest of the GRECO Secretariat in an evaluation of the extent to which the USA complies with the treaty obligations it has accepted in relation to combating corruption. Dr Brown explained: “My part of this round of evaluation will focus on the compatibility of US law with the offences which States have agreed to establish in the Criminal Law Convention on Corruption.  “We will receive materials on relevant US law and then travel to Washington DC on May 1. Whilst there, we will hold meetings with senior lawyers and government officials at which we will probe the extent of compliance.  “We will travel back to our home countries on May 4 and then prepare a report, with recommendations, which will be discussed with us later in the year by the plenary meeting of GRECO in Strasbourg.  “Once recommendations are adopted by the plenary, the State to which they are addressed has a treaty obligation to implement them.” In his role as an expert evaluator Dr Brown has previously taken part in evaluations of the Czech Republic, Former Yugoslav Republic of Macedonia, Latvia, Azerbaijan and Italy. GRECO was established in 1999 by the Council of Europe to monitor States’ compliance with the organisation’s anti-corruption standards. It comprises 48 European States and the USA. GRECO monitors all its members on an equal basis, through a dynamic process of mutual evaluation and peer pressure The objective is to improve its members’ capacity to fight corruption by monitoring their compliance with Council of Europe anti-corruption standards.  It helps to identify deficiencies in national anti-corruption policies, prompting the necessary legislative, institutional and practical reforms. GRECO also provides a platform for the sharing of best practice in the prevention and detection of corruption. The GRECO mechanism ensures the scrupulous observance of the principle of equality of rights and obligations among its members. All members participate in, and submit themselves without restriction to, the mutual evaluation and compliance procedures. Alastair Brown called to the Bar last year after a legal career dedicated to the public prosecution system in Scotland and to academic legal writing.He was latterly an Advocate Depute.He is the author of a number of leading legal works on human rights law and the Proceeds of Crime and his revised third edition of Criminal Evidence and Procedure has just been published.

07/02/2011 - Compass Chambers Annual Aberdeen Conference

Compass Chambers is delighted to invite you to attend our Annual Aberdeen Conference.The Conference will take place on Thursday 17th March 2011 at The Marcliffe at Pitfodels Hotel, Aberdeen, from 1pm until 5pm. Under the Law Society of Scotland's Guidelines, delegates may claim 3 hours of CPD time and the conference is FREE to attend.The programme provides a comprehensive review of the latest procedural and policy developments in Compass Chambers' core areas of Reparation, Regulatory Crime and Professional Discipline. The Aberdeen Conference aims to provide delegates with up-to-date information regarding the important issues concerning these core areas along with the opportunity to discuss some of the most significant and current developments. Members of Compass Chambers who specialise in these areas will lead the seminars.The Programme (please click on link below to download) will commence at 1:00pm with registration and run through until 5:00pm. A drinks reception and buffet will follow to which all conference attendees are invited.

For more information or to reserve a spot at this Conference, please email grace.moran@compasschambers.com  or call 0131 260 5661.  

Download Accompanying File

03/02/2011 - Dennis Thomson v Dennis Thomson Builders Ltd

Jury trial before Lord Stewart, 1st and 2nd February 2011. 
The pursuer’s son was killed in accident at work in March 2007.  He was 26 at the time of his death.  The pursuer claimed for “loss of society” in terms of section 1(4) of the Damages (Scotland) Act 1976.  The jury awarded £90,000 (£50,000 to the past and £40,000 to the future).  The pursuer was represented by Robert Milligan QC of Compass Chambers.  The defenders were represented by Geoff Clarke QC and Steve Love, both of Compass Chambers.”

31/01/2011 - New Addition to Compass Team

Compass Chambers is delighted to welcome its latest addition James Hastie, Advocate. James joins Compass on 31st January and will become a member of the Reparation team. James is an experienced and skilled advocate who has built up a substantial and well-respected practice since calling in 2004. His unassuming practical nature means that he has the ability to put a case in perspective from the outset. He is extremely knowledgeable, efficient, good value and excellent with clients. 

Peter Gray QC, director of Compass Chambers commented, “We are delighted that James is joining us and we are confident that he will be a great asset to Compass. He has excellent experience in the reparation field, which is of course one of our Core Areas. We welcome him on board and wish him all the best in his career with Compass Chambers”. 

Gavin Herd, Practice Manager of Compass commented, “James joining us is fantastic news and he gives us another option in what is the strongest reparation team at the Scottish Bar”.

For further information about James Hastie, please click here.

31/01/2011 - Compass Chambers - Reparation Bulletin - January 2011

Welcome to the January 2011 edition of the Compass Chambers Reparation Bulletin. This months edition examines the case of Christopher Brown -v- North Lanarkshire Council (2010) CSOH 156 as well as various other relavant cases.  For further details about the Compass Chambers Reparation Team, please visit our Reparation page. If you wish to receive this and future bulletins please contact Grace Moran on grace.moran@compasschambers.com.

31/01/2011 - Compass Chambers - Regulatory Bulletin - January 2011

Welcome to the first edition of the Compass Chambers Regulatory Defence Bulletin of 2011. The Bulletin, published bi-monthly, will keep you up to date with all developments relating to regulatory crime, in particular health and safety, environmental and corporate financial issues. The Bulletin this month includes a discussion of the Bribery Act 2010, due to come into force in April.

For further details about the Compass Chambers Regulatory Team, please visit our Regulatory page. If you wish to receive this and future bulletins please contact Grace Moran on grace.moran@compasschambers.com.

26/01/2011 - David Brown v Scottish Water Limited, Dunfermline Sheriff Court

The pursuer was injured in a road traffic accident on 18th July 2005. He was knocked from his bicycle, and sustained injuries to his neck, right shoulder, hip, knee and cuts and bruises. Liability was admitted, and the proof before Sheriff McSherry was restricted to quantum.

Before the accident the pursuer had been a particularly fit and active individual, engaging regularly in cycling, jogging and walking. He was in the course of training to cycle for charity from Land's End to John O'Groats, and cycled 45 miles every day. His main difficulty after the accident was in relation to his neck, which gave him constant pain. Both orthopaedic experts agreed his condition was permanent The main issue between parties was whether the neck problems were caused by the accident, or whether he had merely suffered an acceleration of a pre-existing condition by around 5 years. The Sheriff preferred the evidence of the expert for the pursuer, Mr Marks, and found that the pursuer’s neck condition was due to the accident.  He awarded solatium of £22,000, with the total award being £28,005.

Further, the Sheriff certified the case as suitable for junior counsel – as it was not a ‘simple’ whiplash case, and involved consideration as to the effect of the accident on asymptomatic and symptomatic joints which resulted in a a substantial difference of quantum.

The pursuer was represented by Amber Galbraith of Compass Chambers

25/01/2011 - Peter Gray QC to give Bribery Act Briefing

On Monday 31 January 2011 Peter Gray QC will be the keynote speaker at a Bribery Act Briefing entitled “The Bribery Act: are you ready?” to be hosted by Tods Murray LLP.  For all details of the event, please click here.

19/01/2011 - University of Glasgow School of Law - Personal Injury Update

The University of Glasgow School of Law has announced it will be holding a Personal Injury Update on 24th and 25th February 2011. 6 members of Compass Chambers will be speaking at the event which is to be chaired by Ronnie Conway from Bonnar & Co Solicitors. Delegates will be entitled to 15 hours CPD and the cost of attending is £350.

 For full information about the event, please click here for the event flyer.

19/01/2011 - Gary Allan QC Returning to Private Practice

Compass Chambers are very pleased to announce that following the completion of his engagement for more than three years as Crown Counsel, Gary Allan QC is returning to private practice at the bar. He will be available to accept instructions from 1 February 2011.Apart from his general duties as a Senior Advocate Depute in some of the most complex and difficult cases and appeals, from the start of his engagement Gary’s expertise was recognised and he was appointed Crown Counsel with special responsibility for health and safety matters. He is looking forward to returning to the defence bar in health and safety and other regulatory crime, as well as general crime, at both first instance and appeal. He also looks forward to redeveloping his practice in Fatal Accident Inquiries and in professional discipline work.Gary said yesterday “I regard my service as one of the Senior Advocate Depute team as a hugely enriching experience and as something of a collegiate master class in legal analysis, case preparation and advocacy practice. That said, I am now looking forward enormously to the familiar yet refreshing challenges of the defence bar”Compass Chambers Practice Manager Gavin Herd commented “Gary has seen and done it all in almost thirty years in practice as a solicitor, advocate,  Queen’s Counsel and Senior Advocate Depute. His legal, advocacy, negotiating and client skills are recognised as being of the highest order and we are delighted he is back as a full practising member of Compass Chambers.Compass Chambers has reparation, regulatory crime and professional discipline as its three core areas of practice, and Gary’s return strengthens further our position as the foremost chambers in these specialist areas.”

11/01/2011 - RealGrassRootsFootball Petition before the Scottish Parliament

Compass Chambers’ Malcolm McGregor has been assisting the community body, RealGrassRootsFootball, in connection with their petition currently before a Public Petitions Committee at the Scottish Parliament. One of the principal aims of the petition is to investigate the legal status and appropriateness of professional SFA clubs entering into contracts with children under 16 years. The other questions the appropriateness of ‘compensation’ payments between SFA member clubs for the transfer of young players under the age of 16 years. On one view, these payments run contrary to FIFA Regulations. The Committee is due to convene again on 11th January 2011 at which time the chief executives of SFA, SPL, Celtic and Rangers are due to give evidence.

More information on the petition can be found at www.realgrassroots.co.uk

 

10/01/2011 - Compass Appoints New Practice Manager

Compass Chambers is delighted to announce the appointment of its new Practice Manager, Gavin Herd, who joins Compass from the Westwater Stable where he held the position of Deputy Clerk for a number of years.   Commenting on the appointment Peter Gray QC, Director of Compass said, “This is a really exciting appointment and we consider ourselves very fortunate to have secured the services of Gavin who, during his period at Westwater, was  widely recognised as being one of the outstanding deputy clerks in Faculty.  Gavin has tremendous experience, and shares the Compass ethos of wishing to provide “added value” at all times to meet the needs of litigation solicitors.  I have absolutely no doubt that Gavin will play a key role in the further development of Compass, and in the maintenance of its position as one of the leading Chambers in Scotland in its core areas of expertise: namely reparation, regulatory crime and professional disciplinary proceedings”. Gavin Herd takes up his position as Practice Manager on 10 January 2011.     

21/12/2010 - HMA -v- Hochtief Construction AG - Health & Safety at Work Act s.3

Global construction giant Hochtief Construction AG has been fined £266,000 (discounted from £400,000 for a guilty plea) at Inverness Sheriff Court, following a fatal accident at the £145,000,000 Glendoe Hydro-Electric scheme construction project in September 2008.  An agency worker died when he leant through a broken cab window aperture of a telehandler lifting vehicle and was crushed by its descending boom.  The telehandler had not been properly maintained and was in extremely poor condition.  In particular, the accident could not have happened had the cab window not been missing.  In addition the company had allowed the vehicle to be accessed & used by non-authorised drivers including the deceased, in breach of its own procedures.  This accident prompted the issuing of an HSE Safety Notice (in March 2010), alerting users of telehandlers to the dangers of not replacing broken window glass.Jamie Gilchrist QC of Compass Chambers represented Hochtief Construction AG

14/12/2010 - Criminal Evidence & Procedure

The revised third edition of Criminal Evidence and Procedure by advocate Alastair Brown is about to be published. The framework of the book is provided by the Criminal Procedure (Scotland) Act 1995 and it offers a comprehensive and practical guide to the conduct of criminal cases from initial investigation through to sentencing and appeals. Avizandum Publishing describe the book as providing a “succinct but comprehensive introduction” to the essentials of the subject for those approaching it for the first time  and a handy ready reference for the practising lawyer. When Dr Brown became a member of the Faculty of Advocates earlier this year Lady Smith said his “enormous and valuable contribution to academic legal writing” was well known. The judge also praised his dedicated service to the system of public prosecution in Scotland both in the Sheriff Court and the High Court of Justiciary. Before he came to the Bar Alastair Brown spent most of his career in the Crown Office and Procurator Fiscal Service and was latterly Procurator Fiscal in Dunfermline. He qualified as a solicitor advocate in Scotland in 2003 and prosecuted in the High Court between 2004 and 2009. He is currently a Fellow of the Scottish Centre for International Law at the University of Edinburgh and a UK Government nominated expert evaluator for the Council of Europe Group of States Against Corruption. Apart from his work on Criminal Evidence and Procedure Dr Brown has been a prominent commentator on Scots criminal law for a number of years. He is General Editor of the Criminal Law Bulletin and Assistant Editor of Scottish Criminal Case Reports. He has also published on the Human Rights Act 1998 the Proceeds of Crime Act 2002 and written a number of articles on issues such as Insider Dealing, Extradition and Corroboration. Dr Brown, who holds a doctorate in International Criminal Law, is a member of Compass Chambers and the Faculty of Advocates Criminal Bar Association. ●Criminal Evidence and Procedure: An Introduction is published by Avizandum at £45 and will be available from December 20.

19/11/2010 - Compass Chambers – Reparation Bulletin – November 2010

Welcome to the November 2010 edition of the Compass Chambers Reparation Bulletin. This months edition examines the Work at Height Regulations as well as dealing with Contributory Negligence for Slip/Trip and Jury Awards for Loss of Society.  For further details about the Compass Chambers Reparation Team, please visit our Reparation page. If you wish to receive this and future bulletins please contact Grace Moran on grace.moran@compasschambers.com.

19/11/2010 - HM Advocate v Claire Angus

At Edinburgh Sheriff Court on 19th November 2010, Mrs. Claire Angus was found not guilty of a charge of causing two deaths by driving without due care and attention. On 18th February 2009, Mrs. Angus was driving her car on the A68 road towards Newton St. Boswells.  Her car drifted onto the opposing carriageway and collided head-on with a car travelling in the opposite direction.  The driver of the other car and her passenger sustained fatal injuries.  A special defence of non-insane automatism was entered.  Evidence demonstrated that Mrs. Angus was unconscious at the wheel of her car at the time it crossed onto the opposing carriageway.  She had taken prescribed medication, namely Diclofenac, earlier that day.  That medication had been taken in good faith and in accordance with instructions from GP, pharmacist and packaging.  Undisputed medical evidence in the case confirmed that memory loss, confusion, an inability to make informed decisions and loss of consciousness were some of the known, albeit rare, side effects of Diclofenac.  The side effects were likely to have been enhanced by the effects of other prescribed medication being taken by the accused at the material time.  The Sheriff (Holligan) held that on the undisputed evidence in the case the special defence had been made out and that the Crown had, in those circumstances, to demonstrate that the Accused’s earlier conduct effectively precluded her from availing herself of that special defence.  There was, in that regard, an insufficiency of evidence in the case and, following a common law submission, the Sheriff directed the jury to acquit.   Steve Love of Compass Chambers represented the Accused.

19/11/2010 - Compass Chambers – Regulatory Bulletin – November 2010

Welcome to the November 2010 edition of the Compass Chambers Regulatory Bulletin. This months edition includes a review of Lord Young’s long-awaited report, published in October.  For further details about the Compass Chambers Regulatory Team, please visit our Regulatory page. If you wish to receive this and future bulletins please contact Grace Moran on grace.moran@compasschambers.com.

19/11/2010 - Compass Chambers – Professional Disciplinary Bulletin – November 2010

Welcome to the November 2010 edition of the Compass Chambers Professional Disciplinary Bulletin. This months edition examines the recent case in snooker of World Professional Billiards and Snooker Association v John Higgins and Pat Mooney and also details other interesting cases.  For further details about the Compass Chambers Professional Disciplinary Team, please visit our Professional Disciplinary page. If you wish to receive this and future bulletins please contact Grace Moran on grace.moran@compasschambers.com.

15/10/2010 - Compass Chambers Annual Conference 2010

Compass Chambers would like to invite you to attend its Annual Conference for 2010. 

The conference will take place on Friday 26th November at The Balmoral Hotel, Edinburgh, from 1pm until 5.30pm and is free to atttend.  Under the Law Society of Scotland's Guidelines, delegates will be accredited with 3 hours of CPD time.

This year, our programme will include a review of developments in the fields of reparation, regulatory prosecutions and professional disciplinary proceedings.  The law affecting these areas is changing at pace and the Conference will provide a forum for practitioners to identify and discuss ongoing developments.  A range of seminars will be led by Compass Chambers' experts in each field.

The programme will start at 1.30pm with a keynote address by Lord McEwan, followed by a number of elective breakout sessions offering delegates the opportunity to select 3 seminar topics from a choice of 6.

The event will continue with a drinks reception from 5.30pm, to which all attendees of the Conference are invited.

We are also happy to welcome your trainees and paralegals along to the conference.

For further information or to book your place at this event please contact Michelle Williamson on 0131 260 5657 or michelle.williamson@compasschambers.com.

We look forward to welcoming you to the Compass Chambers Annual Conference 2010.

12/10/2010 - Gary Allan QC to chair major Proceeds of Crime event

Butterworths /LexisNexis, the law publishers and trainers have invited Gary Allan QC, one of the senior members of the Compass Chambers Financial and Regulatory Crime team to chair its major conference in Edinburgh on 9 December 2010 on Proceeds of Crime and the Bribery Act. The conference will hear from many distinguished and expert contributors including those from the SCDEA, the police, the Crown Office and Procurator Fiscal Service, commercial law firms and the practising bar.

The conference will provide advocates and legal, accountancy and other financial practitioners with an informed and up to the minute picture of the state of the law and practice, in Scotland and beyond, in the extremely complex world of Proceeds of Crime, from a criminal confiscation and restraint position and a civil recovery perspective. The panel of expert speakers will explain the particular issues of HMRC involvement and anti-money laundering initiatives which may impact on the activities of individuals and corporate bodies.

The conference will also hear contributions on the impact of the Bribery Act on the activities of businesses of all sizes.

This promises to be a superb conference with speakers of the highest calibre making contributions. It will be of value to any practitioner from any discipline who requires to advise clients on financial matters.

More information can be obtained at http://www.conferencesandtraining.com/proceeds-crime-scotland and bookings made by email to registrations@lexisnexis.co.uk . 

05/10/2010 - James Robertson v BAE Systems Marine Limited, Court of Session 5th October 2010

The pursuer was a shipwright who was injured at work on 16th January 2007. He was working on a new naval destroyer at the Defender’s Govan shipyard, when he slipped on an manhole cover on deck which had not been properly replaced and secured. The pursuer’s case was that he suffered a fractured skull, soft tissue injuries to his neck and post-concussion syndrome.

The proof was heard before Lord Bannatyne over three days from 28th September, and the issues in dispute were contributory negligence and quantum. A verbal judgment was given on 5th October.

Lord Bannatyne found that there had been no contributory negligence – the pursuer had been working in the area for some time before the accident, with the cover being properly in place, and it was not reasonable for him to have expected the cover to have been moved. Given the hazardous nature of a ship in the process of construction, it was not reasonable to expect workers to pay the same degree of attention to the floor that pedestrians may do in the street.

As to quantum, the judge accepted the evidence of the pursuer’s expert witnesses, Dr Durward and Dr Gillam, and found that the pursuer would continue to suffer symptoms of post-concussion syndrome for the rest of his life. The most significant factor was considered to be his ongoing low mood, which lead to social isolation. Lord Bannatyne valued solatium at £13,500. The total award was £15,231.

Mr Robertson was represented by Amber Galbraith of Compass Chambers.

29/09/2010 - Stena interdicts Greenpeace

At the Court of Session on Friday afternoon (24 September), Stena Drilling Ltd & others successfully obtained an interdict against Greenpeace to effectively bring to an end Greenpeace blockade of the MV Stena Carron, a drill ship off Shetland. The activists had earlier scaled the anchor chain before attaching themselves to it and later attaching and occupying a Greenpeace survival pod. The vessel later sailed for the Lagavulin Field in the North Sea. Greenpeace activists halted the vessel again en-route when small boats and swimmers were spotted in the sea. Greenpeace have now ended this further action.

 

http://www.bbc.co.uk/news/uk-scotland-north-east-orkney-shetland-11407265

 

http://www.shetlandtimes.co.uk/2010/09/24/greenpeace-forced-to-end-anti-drilling-protest-by-court-order

 

Barry Smith of Compass Chambers was junior counsel for the Petitioners, led by Lord Davidson of Glen Clova Q.C.

29/09/2010 - Fatal Accident Inquiry into the death of Francis Goodwin 2010 FAI 42

Mr Goodwin died in a road traffic accident in July 2005. He had been driving his Post Office van along Victoria Park Drive South in Glasgow in the early hours of the morning. On approach to the junction with Westland Drive he was overtaking a tanker in the inside lane. As he reached the junction an ambulance emerged from Westland Drive. A collision occurred. It was agreed that the ambulance had gone through a red light, which required to be treated as a "give way" for members of the emergency services responding to emergencies. The family of the deceased raised concerns both about the training of ambulance personnel and the use of audible warning signals (which were not in use at the time of the accident). Sheriff Swanson made a formal determination in terms of subsections (a) and (b) of the Act only.
She did not make any findings under subsections (c) to (e), as had been sought by the family of the deceased.

The decision can be viewed at:
http://www.scotcourts.gov.uk/opinions/2010FAI42.html

Richard Pugh, of Compass Chambers, appeared for the Scottish Ambulance Service and for the ambulance driver.

28/09/2010 - UK Environmental Law Conference 2010

The UKELA (Scotland) Conference will take place in Edinburgh on Thursday 7th October 2010.  The event aims to promote discussion, understanding and awareness of environmental law whilst proposing new ways in which the law can work toward a better environment. 

The list of leading speakers is made up of those involved in the practice, study and formulation of environmental law across the UK and EU.  

Peter Gray, QC of Compass Chambers will present the opening session entitled “Sentencing Principles in Environmental Crime – Recent Developments” which looks at the position in both Scotland and England, and identifies the factors to which the Courts in Scotland will have particular regard in the future when assessing the appropriate level of penalty for breaches of environmental legislation.  

For further information regarding registration for this event, please click here.

28/09/2010 - Compass Chambers - Reparation Bulletin - September 2010

Welcome to the September 2010 edition of the Compass Chambers Reparation Bulletin.  

This months edition examines the Third Party (Rights Against Insurers) Act 2010 as well as looking at the Rome II Regulation and the impact this will have on Accidents Abroad.

 For further details about the Compass Chambers Reparation Team, please visit our Reparation page. If you wish to receive this and future bulletins please contact Grace Moran on grace.moran@compasschambers.com.

27/09/2010 - Compass Chambers - Professional Disciplinary Bulletin - September Edition

Welcome to the third edition of the Compass Chambers Professional Disciplinary Proceedings Bulletin. Whilst ‘Bloodgate’ has been dominating the press the Government’s fiscal tightening continues apace. One of the first casualties looks likely to be the OHPA (Office of the Health Care Professions Adjudicator). In an interview with its Director of Policy we examine the impact of its demise and what the GMC might be able to learn from it. We also look more generally at recent developments. If you wish further information on any of the topics or cases detailed, then please contact our senior clerk, Irene Mackenzie.

If you wish to receive this and other future bulletins please contact Grace Moran on grace.moran@compasschambers.com.

24/09/2010 - Compass Chambers Regulatory Defence Bulletin - September edition

Welcome to the September edition of the Compass Chambers Regulatory Defence Bulletin. Following the summer break, the Bulletin returns this month with a review of developments in sentencing in environmental crime. The Bulletin, published bi-monthly, will keep you up to date with all developments relating to regulatory crime, in particular health and safety, environmental and corporate financial issues.

To subscribe to this, or another one of our bulletins, please contact grace.moran@compasschambers.com

For further details on the Compass Regulatory team, please click here.

21/09/2010 - New addition to Compass team

Compass Chambers is delighted to welcome its latest addition Louis Moll, Advocate. Louis will become a member of the Compass regulatory crime and professional disciplinary teams.

Louis is an experienced and skilled advocate who has built up a substantial and well-respected  practice in both Scotland and England. Whilst in practice in England Louis had a significant regulatory crime practice, conducting cases on behalf of both Revenue and Customs and the Financial Services Authority.  In addition, he regularly represented individuals and companies prosecuted by those agencies as well as by the Health and Safety Executive, the Serious Fraud Office and the Environment Agency. 

On his return to Scotland Louis quickly established a highly-regarded practice and reputation.  He has regularly appeared before the High Court of Justiciary (both first instance and appellate) as well as before the Court of Session and the Solicitors’ Disciplinary Tribunal. He has regularly advised on Proceeds of Crime, Judicial Review and recently was involved in the early stages of the Rosepark Nursing Home Inquiry.

Peter Gray QC, director of Compass Chambers commented, “ Louis has decided to narrow the focus of his practice and to specialise in the fields of professional disciplinary and regulatory crime which are, of course, two of our core areas of expertise. He has an excellent reputation and, I am sure, will become an important asset to Compass in the service which it provides in each of these specialist fields”.

For further information on Louis Moll, please click here. Please click on the corresponding pages for the Compass Regulatory and Professional Disciplinary teams.

20/09/2010 - Raymond Munro v William Sturrock t/a Scotmaps [2010] CSOH 116

This case concerned an accident in 2004. The accident occurred during the "Little the Jewellers" Speyside Stages Rally. The rally was part of the Scottish Rally Championship and the pursuer was the reigning Scottish Rally Champion. Prior to competing in the rally the pursuer, and other competitors, were able to purchase route notes, and an accompanying DVD. The notes were fir use during the rally, and the DVD in the preparatory stages.
The route notes and DVD were created and sold by the defender. Stage 6 of the rally took place through Clashindarroch Forrest. As the pursuer was proceeding through the stage he crashed. He raised an action claiming that the route notes were negligently prepared, in that they incorrectly described the angle of a bend such that the pursuer attempted to drive through it too quickly. Proof was heard on liability only. The defender's position was that the bend was correctly described and that, in any event, any incorrect assessment (being subjective) would have to be proved to the standard required in terms of Hunter v Hanley. In finding for the defenders, Lord Uist held that corner had been correctly described. He did not therefore feel that he required to address the issue of the appropriate standard of care.

The full decision can be viewed at
http://www.scotcourts.gov.uk/opinions/2010CSOH116.html

Richard Pugh, of Compass Chambers, was junior counsel for the defender.

16/09/2010 - Melanie Logan v William Logan and GHI Insurance Services UK Limited

The pursuer claimed damages for injuries sustained in a road traffic accident on 15th August 2007. Liability was admitted, and so the issues at proof focused solely on quantum. Evidence was lead before Lady Stacey in July 2010.

The pursuer suffered a whiplash injury, which resulted in ongoing back pain and she also developed an adjustment disorder which remained untreated. Having retired early from her job as a social worker, the pursuer started her own business as a tattoo artist in July 2006 – at the age of 55. As a result of her ongoing back problems, her evidence was that she could only now work 3 days a week – compared to 6 days before the accident. Unfortunately, when she had the accident the pursuer was in the process of establishing her business and developing her reputation, and this made the accurate assessment of her future earnings loss problematic. Although she had no prior experience as a tattoo artist, the evidence was that she was highly regarded within the tattoo world, and had a loyal following of customers. Clients would have to wait a number of weeks for an appointment.  The defenders sought to argue that no allowance should be made at all for future wage loss. They contended there was insufficient evidence that would allow the Court to assess her loss, and that a forensic accountant would be required. This proposition was not accepted by the Lord Ordinary, and the pursuer’s approach was preferred. In the circumstances it was accepted that a broad brush approach could be taken. The defenders argued for damages in the region of £13406 and £16717. Lady Stacey awarded £65,858.

The pursuer was represented by Amber Galbraith of Compass Chambers.

http://www.scotcourts.gov.uk/opinions/2010CSOH123.html

14/09/2010 - 14/9/10 HMA v Sean Medeiros – Causing death by careless driving

A Sheriff has imposed a community service order on a man whose careless driving caused the death of a pensioner at a bus stop in Glenrothes.  Sean Medeiros lost control of his council van when his hand became trapped in the steering wheel after he instinctively tried to grab a set of keys that had slid from the dashboard.  He failed to stop his van as it left the road and collided with a bus shelter, killing a 66 year old woman.

The Sheriff agreed that it was appropriate to have regard to the guidelines issued by the English Sentencing Guidelines Council, and accepted a defence submission that the accused’s relatively low level of culpability made a prison sentence inappropriate.  He ordered Mr Medeiros to complete 180 hours of community service & disqualified him from driving for the mandatory minimum period of 1 year.

Sean Medeiros was represented by Jamie Gilchrist QC of Compass Chambers.

10/09/2010 - Annual APIL conference

Compass' Geoff Clarke QC gave a keynote speech to the Association of Personal Injury Lawyers at their annual conference. He spoke about important recent Scottish cases and, with a little help from our clerk Irene, presented a presentation complete with videos as well as still photos from actual cases. Later Compass' Robin Clelland gave a thought provoking slant in his quantum update speech. Also at the event the Chief Executive of APIL spoke of challenges facing the profession and of how APIL were attempting to put the profession's point of view at talks at the highest level.

09/09/2010 - Damages (Scotland) Bill

On Tuesday 14th September Robert Milligan QC will be giving evidence to the Justice Committee in relation to the Damages (Scotland) Bill on behalf of the Faculty of Advocates. Anyone wishing to suggest any comments or proposals should email Robert directly; robert.milligan@compasschambers.com

31/08/2010 - LM v Mental Health Tribunal for Scotland and another – Shf Pr Taylor

A patient, LM, appealed the decision of a Mental Health Tribunal refusing her application to revoke a Short Term Detention Certificate which had been granted by the approved medical practitioner. The Appeal related to the interpretation of section 44 of the Mental Health (Scotland) Act 2003, including arguments about the impact of article 5 (right to liberty) of the European Convention on Human Rights. The Sheriff Principal rejected the appellant’s arguments, and found that her remedy for unlawful detention lay under section 291 of the 2003 Act.The decision is accessible at www.scotcourts.gov.uk/opinions/B779

Kay Springham acted for the Mental Health Officer in the Appeal.

03/08/2010 - Kaj Andersen v Mohammed Hameed and Esure Services Ltd [2010] CSOH 99

This case concerned a 16 year old boy who took his parents car whilst they were on holiday. He was, of course, unlicensed and uninsured. Following collecting various friends, including the pursuer, he crashed. The pursuer suffered injuries for which he raised an action of damages against the defender. Esure Services Ltd were road traffic insurers in terms of the Road Traffic Act 1988, and were Party Minuters in the process. Quantum was agreed and proof took place on liability only.

The issues before the Court were ex turpi causa and s.151 of the Road Traffic Act 1988. The common criminal activity founded upon  was that the pursuer was aware that he was under age, and was driving the car without the permission of the owners. A successful defence on that basis would mean that the defender owed no duty of care to the pursuer. Success would release both the defender and, as a result, the party minuters. The party minuters had an additional “knowledge” defence under s.151 of the 1988 Act, which could have resulted in them having no obligation to satisfy any decree against the defender.

Following proof, Lord Tyre held that the pursuer was aware of the salient matters and that, accordingly the defender should be assoilzied.

Richard Pugh, of Compass Chambers represented the Defender; while David Sheldon, also of Compass Chambers, represented the Party Minuters.  

http://www.scotcourts.gov.uk/opinions/2010CSOH99.html

03/08/2010 - Compass Chambers Professional Disciplinary Proceedings Bulletin

Welcome to the second edition of the Compass Chambers Professional Disciplinary Proceedings Bulletin. There have been a number of unsuccessful challenges to the decisions of disciplinary panels recently, highlighting the difficulties in demonstrating that a decision making process was flawed. If you wish further information on any of the topics or cases detailed, or if you would like to receive this and any future bulletins, then please do not hesitate to contact Grace Moran - grace.moran@compasschambers.com 

For further details about the Compass Chambers Professional and Disciplinary Team, please click here

 

12/07/2010 - Compass Chambers Reparation Bulletin - July Edition

Welcome to the July edition of the Compass Chambers Reparation Bulletin.

There have been some interesting developments this month, both in relation to the common law and statutory provisions governing the law of reparation. Thus, it would seem that Lister v Hesley Hall [2002] 1 AC 215 may not be the last word on vicarious liability, statutes may not always mean what they – clearly – say they mean, the court’s power to dismiss an action for inordinate delay continues to be refined and developed, and a judge’s - exceptional - power to withdraw a case from a civil jury has been restated

For further details about the Compass Chambers Reparation Team, please visit our Reparation page.

If you wish to receive this and future bulletins please contact Grace Moran on grace.moran@compasschambers.com.

08/07/2010 - Caledonian Challenge

Over the weekend of 12/13 June, members of Compass Chambers proved that their talents extended beyond the courtroom when completing the Caledonian Challenge (54 miles of the West Highland Way) in under 19 1/2 hours.

Despite rather less preparation than would normally be expected from Compass, a team comprising of Peter Gray, Robert Milligan, Richard Pugh and Craig Murray finished 28th of the 179 teams competing to complete the course in under 24 hours.  The highlight of the walk was undeniably striding past the team from Digby Brown that had started 3 hours earlier, although by the end even Craig’s normally immaculate bouffant was looking as limp and exhausted as the walkers.  

In the process, the team raised over £2,000 in sponsorship for the Scottish Community Foundation.  Many thanks to those who supported the team through their donations.

07/07/2010 - Ben Nevis

The Caledonian Challenge followed a Compass Chambers assault on the snowy peak of Ben Nevis at the end of May.  Although that particular weekend proved to be more of a challenge to the liver than the feet, it also helped raise money for the Haiti disaster.  Again, many thanks to those who sponsored the climbers.”

29/06/2010 - HMA v Alister Clark: Causing death by dangerous driving – dangerous state of vehicle

This was one of the comparatively rare prosecutions under s.1 of the Road Traffic Act where a driver is prosecuted because it ought to have been obvious to a competent and careful driver that driving a vehicle (which in this case was a tractor & trailer combination) in its current state would be dangerous.   

The accused was towing a trailer behind his tractor when the trailer uncoupled and rolled into the path of an oncoming vehicle, killing its driver.  The accusation against the accused was that the 5th wheel coupling used to connect the trailer to his tractor was in such poor condition that it would not operate correctly and secure the trailer in place.  The accused was alleged to have failed to take other steps to secure the trailer, with the result that it detached during his journey and caused the fatal crash.  He was also accused of attempting to pervert the course of justice by inserting a bolt after the accident to make it look as if the 5th wheel coupling had been properly secured at the time of the crash.

 

Defence investigations established that, in fact, the condition of the 5th wheel coupling was not the cause of the accident.  Instead, it was shown that the trailer had “miscoupled” when first connected to the 5th wheel.  The accused was still culpable, because he failed to properly inspect the coupling.  Had he done so, he ought to have detected the fact that the trailer was not properly coupled.

 

Alister Clark was sentenced to 2 years imprisonment.  He was represented by Jamie Gilchrist QC of Compass Chambers.

 

23/06/2010 - 11/6/2010 - PF (Banff) v Frank Ralph

At Banff Sheriff Court on 11th June 2010, Frank Ralph was found not guilty of a charge of causing the death of a motorcyclist by driving without due care and attention.

 

On 9 April 2009, Mr. Ralph was driving a car and trailer into Portsoy.  The road was subject to a 30mph speed limit.  He indicated and turned right across an oncoming lane to enter a petrol station.  As he did so a motorcycle travelling at high speed in the oncoming lane struck him.  As a result of the collision, the motorcyclist sustained fatal injuries.  The Sheriff held that the motorcycle had been travelling at a grossly excessive speed and that, in all the circumstances of the case, Mr. Ralph had met the standard of driving required of the competent and careful driver.

 

Steve Love of Compass Chambers represented the accused.

04/06/2010 - Jillian Martin-Brown joins Compass

Compass Chambers is delighted to welcome Jillian Martin-Brown on board after she called to the Bar earlier today.

Jillian trained as a solicitor with Shepherd+ Wedderburn in Edinburgh and practised there for three years after qualifying, before moving to Dundas & Wilson for a further three years.  She has practised in a wide variety of areas, including: Fatal Accident Inquiries, Professional Discipline & Regulation, Clinical Negligence, Personal Injury, Insurance Litigation and Health & Safety. 

For further information on Jillian’s profile, please click here.  

 

01/06/2010 - 'Psychiatry Live' Conference

Malcolm McGregor of Compass Chambers is to attend and provide a seminar and discussion at the 'Psychiatry Live' conference which has been organised by AstraZeneca Pharmaceuticals. The conference will take place in Glasgow between 10-11th June.

28/05/2010 - Debate - Exploring the Rule of Law and National Identity.

Maggie Scott, QC of Compass Chambers is to speak at the debate which the John Smith Memorial Trust and the Faculty of Advocates are holding on the 6th June. The debate will explore issues surrounding the Rule of Law and national identity.

26/05/2010 - Compass Chambers Regulatory Defence Bulletin - May edition

Welcome to the May edition of the Compass Chambers Regulatory Defence Bulletin. The Bulletin, published bi-monthly, will keep you up to date with developments relating to regulatory crime, in particular health and safety, environmental and corporate financial issues.

This month we focus on an increasingly contentious & difficult issue in health and safety prosecutions ~ namely the amount of financial information which ought to be provided to a court which is assessing a corporate offender’s ability to pay a financial penalty. We highlight recent developments which will have significant impact on the preparation and presentation of mitigation on behalf of convicted organisations.

To subcribe to these bulletins, please contact grace.moran@compasschambers.com

For further details about the Compass Chambers Regulatory Defence Team, please click here

18/05/2010 - Steve Love completes Hearts & Heroes Challenge for second year running

For the second time in as many years, Steve Love from Compass Chambers was part of a successful team who completed the Hearts and Heroes Challenge over the weekend.  

Steve, as a member of Team Horsetiger, finished the 29 mile challenge, which covered a section of the Southern Highland Way in the Scottish Borders, from St Mary's Loch to Melrose, in 9 hours, 58mins and 56 seconds – improving on their time of 10 hours last year.

The team raised in excess of £4,000 for Poppy Scotland and Hearts and Balls which raise vital funds for Armed Forces Veterans and injured rugby players.

17/05/2010 - Ben McCreath Fatal Accident Inquiry: Determination Issued

Sheriff Stephen has issued her determination in the Inquiry into the circumstances of the death of Ben McCreath. On 14 February 2006, at the Princes Exchange Office Building in Edinburgh, Ben, aged 21 months, fell through a gap in a glass balustrade to the foyer 4.75 metres below.

At Edinburgh Sheriff Court throughout several weeks in January and February 2010, the Inquiry heard evidence which focussed on: (i) the management of the building, particularly the duty to carry out risk assessments of the common areas under the Management of Health & Safety at Work Regulations 1999; and (ii) the building regulations then in force (with which the building had complied). At the time of the accident, buildings in certain categories, including office buildings, did not require to comply with the “100mm rule,” which otherwise restricts gaps to a maximum of 100mm. Had the gaps in the balustrade been restricted to 100mm, ergonomic evidence heard by the Inquiry established the accident would not have occurred. Sheriff Stephen has recommended that the 100mm rule should be applied to all buildings. 

To read the determination in full, please click here.

Peter Gray QC of Compass Chambers represented Connaught Compliance Services Ltd 

Barry Smith of Compass Chambers represented the City of Edinburgh Council.

17/05/2010 - Successful defence re Royal College of Surgeons

Malcolm McGregor acted as junior counsel for the Royal College of Surgeons of Edinburgh in successfully defending a claim for damages by former surgeon, Robert Phipps who alleged he lost his employment as a consultant at Bradford (and ultimately his career as a surgeon) as a consequence of the RCSE’s proposed withdrawal of his accreditation as a specialist surgeon

14/05/2010 - Peter Gray, QC completes London Marathon!

A few weekends ago, while most of us were enjoying a lazy Sunday sleep in, Compass Chambers Director, Peter Gray, QC was pounding the streets of London, competing in the Virgin London Marathon.

Peter managed to complete the race in one piece (!) and notched up a very respectable time of 4 hours and 13 minutes.

Peter and his daughter Ishbel managed to raise in excess of £10,000 for the NCYPE epilepsy charity and would like to extend their thanks to all for the tremendous support received, both financial and otherwise.

10/05/2010 - Proceeds of Crime Seminar

Barry Divers from Compass Chambers will present a seminar for the Royal Faculty of Procurators this Thursday 13th May entitled Proceeds of Crime. 

The seminar, to be held from 5.30pm in the Royal Faculty Hall, will cover everything you need to know about the current law, practice and procedure of criminal confiscation in Scotland. The freezing and confiscation of criminal assets by the Crown has become an important feature of the criminal justice system in recent years. This seminar will offer essential end-to-end guidance on dealing with such cases, from the granting of restraint orders, through the preparation and conduct of confiscation proofs, to the enforcement of confiscation orders.  

Barry regularly appears for the Crown in all aspects of confiscation work and he was a member of the committee chaired by Lady Dorrian, which recently reviewed confiscation procedure in the High Court. For more information on Barry’s practice, please click here.  

To attend this event, please complete the online booking form.

05/05/2010 - Compass Chambers Reparation Bulletin: May edition

Welcome to the fourth edition of the Compass Chambers Reparation Bulletin. The Bulletin, published bi-monthly, will keep you up to date with all developments relating to reparation, including recent cases, legislative changes, including details of proposed Bills, and any policy updates in what is a fast changing legal landscape.

In this edition the focus is on recent case law in the field of asbestos related litigation, claims under the Protection from Harassment Act 1997 and slips and trips at home. For further details about the Compass Reparation Team, please click here or to subscribe to these bulletins please email grace.moran@compasschambers.com .

30/04/2010 - Compass take on Caledonian Challenge

Saturday the 12th June will see five Compass members set out on foot from Fort William on “The Walk of their Lives” as they attempt to complete the 54 mile Caledonian Challenge in under 24 hours.

The ambitious expedition will take Compass members Robert Milligan, Richard Pugh, Craig Murray, Peter Gray and deputy clerk Michelle Williamson through some of Scotland’s most “famous, remote, rugged and stunningly beautiful landscapes”. Starting at Gairlochy, the team will walk the famous Great Glen Way and West Highland Way footpaths via Checkpoints at Fort William, Kinlochleven, Glencoe Ski Centre and Inveroran, before finishing the Challenge (hopefully together and in one piece!) at Auchtertyre.

The team have started intensive training after a 24 mile “jaunt” gave them wobbly legs and a wake up call as to what will actually be in store for them once they cross that starting line. Further walks are planned, including a night walk to enable them to get used to stumbling about in the dark.

By competing in the Challenge, the Compass Team have pledged to raise at least £2,000 for the Scottish Community Foundation, an organisation which supports projects seeking to build strong, successful communities in Scotland. To help Compass raise support and awareness for this cause - please visit the Compass Chambers team page to offer your support in whatever form you can.

27/04/2010 - HMA v Hamilton Farmers (East Lothian): firm fined £20,000 over fatal accident

At Haddington Sheriff Court on 26 April 2010, the firm of Hamilton Farmers (East Lothian), pled guilty to a breach of section 2(1) of the Health & Safety at Work etc Act 1974.

 

On 3 June 2008, during the construction of walls for a cattle enclosure, a farm worker was fatally injured when a concrete wall panel he was manoeuvring into place toppled on top of him. The partnership accepted that the job had been inadequately planned, no risk assessment had been carried out, the system of work employed was unsafe and unsuitable lifting equipment had been used. Following submissions, the Sheriff imposed a discounted fine of £20,000.

 

Barry Smith of Compass Chambers represented the accused.

 

09/04/2010 - Compass Annual Aberdeen Conference Almost Full!

The Compass Chambers Annual Aberdeen Conference is just under one month away and due to extremely high demand, we find ourselves advertising the last few remaining spots .

The Conference this year will take place on Thursday 6th May 2010 at the Marcliffe at Pitfodels, Aberdeen starting with registration at 1pm. 

The conference will concentrate on recent procedural and policy developments in Compass Chambers' core areas of Reparation and Regulatory Crime. Members of Compass who specialise in these areas will lead the seminars.

Following the conference at 5pm there will be a buffet and drinks reception to which all delegates are invited. 

The conference is FREE to attend and delegates can claim up to 3 hours CPD.  

For more information or to book a place at the conference please contact grace.moran@compasschambers.com

26/03/2010 - Alastair Brown joins Compass Chambers

Compass Chambers is delighted to extend a warm welcome to Alastair Brown, Advocate who called to the Bar this afternoon.  

Alastair is an experienced Criminal Law practitioner, who was (as a solicitor advocate) an Advocate depute for nearly 6 years. Before that, he was a senior and long-serving member of the Procurator Fiscal Service, where his work included, particular responsibilities in relation to financial crimes, regulatory prosecutions and human rights law. As editor of Greens’ Criminal Law Bulletin, assistant editor of Scottish Criminal Case Reports, a contributor to loose-leaf publications and the author of several books, he is a prominent commentator on Scots criminal law. He holds a doctorate in international criminal law and, on the nomination of the UK Government, he serves as an expert evaluator for the Group of States against Corruption, evaluating, and reporting with recommendations on, the anti-corruption law and practice of countries as diverse as Azerbaijan and Italy. 

Please click here for further information relating to Alastair and his practice.

22/03/2010 - Compass Chambers Regulatory Defence Bulletin: March edition

Welcome to the March edition of the Compass Chambers Regulatory Defence Bulletin. After a break from publication in January, the Bulletin returns this month with a round-up of developments in health and safety. The Bulletin, published bi-monthly, will keep you up to date with all developments relating to regulatory crime, in particular health and safety, environmental and corporate financial issues.

If you wish to receive this and other future bulletins please contact Grace Moran on grace.moran@compasschambers.com

12/03/2010 - Peter Gray QC to run London Marathon

On 25 April 2010 Peter Gray of Compass Chambers is going to run the London Marathon in a bid to raise funds on behalf of NCYPE, a charity which provides for the needs of youngsters suffering from severe forms of epilepsy.  To read Peter’s story go to  www.justgiving.com/peterlgray . If you wish to make a donation, you can do so online or by sending a cheque to Peter at the Chambers’ address.

04/03/2010 - Compass Chambers Ben Nevis Fundraiser

Roll by, thou dense and damp pea-soupy shroud!
Do we thus reach the highest point in vain?
Roll by! we say, and leave behind no cloud

Our view to mar, […] 

Grand old Ben* 

Ben Nevis is the highest peak in the British Isles. On Saturday 29th May, Compass Chambers intend to summit Ben Nevis in order to raise support for the DEC’s (Disasters Emergency Committee) ongoing relief work on Haiti.

After the recent earthquake struck Haiti, DEC helped to rush in relief teams from around the UK to help the local people cope with the catastrophic aftermath of the quake. Haiti is the poorest country in the Western Hemisphere where 85% of people were already living in poverty before the quake.  Given the desperate needs that the Haitians faced on a day to day basis, the earthquake had a destructive and devastating effect on this small island nation.

Given that one of our Q.Cs regularly spends time in this part of the world, Compass members and clerks aim to climb Ben Nevis in May to raise money and support for the Haitian relief effort – but we need your help. If you feel able to help us support the DEC's efforts in Haiti, please click here to be redirected to our fundraising page where you can make an online donation. Any donation will be very warmly and gratefully appreciated.

*Excerpts from a poem reputed to have been written in the visitor’s book of the Ben Nevis Hotel, late 19th Century

01/03/2010 - Compass Chambers Annual Aberdeen Conference 2010

COMPASS CHAMBERS is delighted to invite you to our Annual Aberdeen Conference                                 

The Conference will take place on Thursday 6th May 2010 at The Marcliffe at Pitfodels Hotel, Aberdeen, from 1pm until 5pm.  Under the Law Society of Scotland's Guidelines, delegates may claim 3 hours of CPD time and the conference is FREE to attend.  

The programme provides a review of recent case law and looks at some of the latest procedural and policy developments in Compass Chambers' core areas of Reparation and Regulatory Crime.  The law affecting both of these areas is changing at pace and the Aberdeen Conference aims to provide an exciting opportunity for practitioners to identify and discuss some of the most significant and current developments.  Members of Compass Chambers who specialise in these areas will lead the seminars. 

The Programme (please click below link to download) will commence at 1:00pm with registration and run through until 5:00pm. A drinks reception and buffet will follow to which all conference attendees are invited.

For more information or to reserve a spot at this Conference, please email grace.moran@compasschambers.com  or call 0131 260 5661.

Download Accompanying File

22/02/2010 - Compass Chambers Reparation Bulletin: February edition

Welcome to the third edition of the Compass Chambers Reparation Bulletin. The Bulletin, published bi-monthly, will keep you up to date with all developments relating to reparation, including recent cases, legislative changes, including details of proposed Bills, and any policy updates in what is a fast changing legal landscape. In this edition the focus is on recent case law. For further details about the Compass Reparation Team, please visit http://www.compasschambers.com/reparation.asp 

If you wish to receive this and other future bulletins please contact Grace Moran on grace.moran@compasschambers.com

19/02/2010 - Personal Injuries Action: Brookes v First Aberdeen Limited [2010] CSOH 16

The case concerned a bus driver in Aberdeen overtaking a line of parked cars.  The pursuer was driving his scooter in the opposite direction.  At some stage he lost control of his scooter and fell off.  He raised his action on the basis that it was the bus driver’s driving which had caused him to lose control of the scooter.  Lord Uist rejected that argument and held that the bus driver was carrying out a perfectly acceptable overtaking manoeuvre.  He held that the bus driver was not in any way negligent. 

The case is also interesting for the discussion on quantum and causation.  The pursuer fell and suffered a cruciate ligament injury to his left knee.  He needed to undergo surgery on the left knee around 9 months after the accident.  However, he claimed that when he awoke from the surgery he had developed Complex Regional Pain Disorder in his foot.  Lord Uist accepted the defenders’ submission that it had not been proved that anterior cruciate ligament surgery could cause pain in the foot and that, even if it could do so, it had not been proved that it did so in this case.

David McNaughtan of Compass Chambers appeared as junior counsel for the defenders.

19/02/2010 - Seminar - "Acting for Doctors and Dentists"

Malcolm McGregor of Compass Chambers is giving a seminar for Central Law Training in relation to medical negligence and professional disciplinary proceedings entitled “Acting for Doctors and Dentists” on Monday, 22nd Feb at 2pm at Barcelo Carlton Hotel, Edinburgh.

To book a place, please follow the link  http://www.clt-scotland.co.uk/coursedisplay/3031361

Malcolm McGregor of Compass is regularly instructed by medical defence unions to act on behalf of clinicians who have been sued for alleged acts of negligence. In addition, he has appeared in one of the first appeals of a decision of the General Medical Council to the Court of Session (Mallon v GMC) and most recently appeared in behalf of the Royal College of Surgeons of Edinburgh defending a claim for damages by a former oncologist breast surgeon, Robert Phipps.

16/02/2010 - HMA v E Nicholson & Sons (Metals) Limited: Demolition company fined over fatal accident

At Glasgow Sheriff Court on 16 February 2010, E. Nicholson & Sons (Metals) Limited pled guilty to a breach of section 3(1) of the Health & Safety at Work etc Act 1974.   The company had been contracted to demolish public house premises in Glasgow.  It had been agreed that the premises would be demolished by hand down to first floor level and, thereafter, by mechanical means.  At the conclusion of the hand demolition phase, a scaffolding sub-contractor was engaged to remove scaffolding from the front elevation of the premises.  In the course of removal of the scaffolding, a 13.5 metre section of sign weighing 650kg fell from the building onto three scaffolders.  One scaffolder sustained injuries from which he died, another was severely injured to his permanent impairment and the third was injured.   The company accepted that it had failed throughout the course of the planning and execution of the works to carry out and review a suitable and sufficient assessment of the risks posed by removal of brickwork around the substantial sign fixed to the front elevation of the premises.  The demolition works had compromised the attachment of the sign to the premises.  Following submissions, the Sheriff imposed a fine of £60,000 (discounted to £45,000) on the company.  Steve Love of Compass Chambers represented the Company.

16/02/2010 - MacKinnon v The Chief Constable of Strathclyde:

In this case the Chief Constable revoked the firearms licence of Mr MacKinnon on various grounds, the cumulative effect of which were said to be that Mr MacKinnon was unfitted to hold a firearms licence (this being the test under the Firearms Act 1968). Mr MacKinnon appealed against the decision to the Sheriff at Campbeltown. Following proof the Chief Constable’s decision to revoke the licences was overturned. The Chief Constable then appealed to the Sheriff Principal. Refusing the Chief Constable’s appeal, Sheriff Principal Kerr QC, held that the Sheriff had applied the correct test; that the assessment of witnesses was a task for her to undertake; and that the inferences she had drawn from the witnesses were matters for her judgement.

Richard Pugh, of Compass Chambers, appeared for Mr MacKinnon in the appeal before the Sheriff Principal.

15/01/2010 - Civil Jury Trial - Reid v Ogilvie & Forrest

Civil jury trial – in a recent, rare civil jury trial, the jury were asked to decide who, if anyone, was responsible for a road traffic accident in which an innocent passenger (and her unborn child) were injured. The defender had brought his car to a sudden stop, causing the third party’s HGV to collide with him. The car then sped up a slipway, while the defender was allegedly unconscious, eventually colliding with the pursuer’s car. The jury found both the defender and the third party to blame, split 40:60. Damages had been agreed in advance at a sum well in excess of the figure which would have been awarded by a judge. Compass chambers members, Ian Mackay QC and Kay Springham were involved, as counsel for the third party and as junior counsel for the pursuer respectively.

17/12/2009 - Compass Chambers welcomes two new Members

Compass Chambers is delighted to welcome two new members; Steve Laing, Advocate and Derek Reekie, Advocate.

Steve, who was called to the Bar in 2002, has extensive experience in a wide range of civil litigation. His principal fields of practice include Reparation (particularly Personal Injury actions), and Professional and Medical Negligence. He acts on behalf of both Pursuers and Defenders, appearing in the Court of Session (Inner House appeals and Outer House cases) and the Sheriff Court. Within his Personal Injury practice, Steve is instructed in a broad range of cases, including employers’ liability, occupiers’ liability, road traffic accidents, occupational stress, industrial diseases and fatal accident cases. He is experienced in the quantification and settlement of catastrophic claims. For more information on Steve Laing, please follow this link.

Derek, who was called to the Bar in 2005, also has extensive experience in civil litigation and has a busy practice acting for both pursuers and defenders in the Court of Session and Sheriff Courts. He has experience of handling high value claims both on his own and as a Junior to Senior Counsel. Derek has also been instructed in a range of other areas including property disputes, professional and medical negligence, Employment and Employment Appeal Tribunals, and for an individual accused in a Health and Safety prosecution. Derek came to the Bar with over 20 years experience as a solicitor in private practice . As a solicitor he gained extensive experience in a wide range of areas of civil litigation including personal injury, professional and medical negligence, commercial, matrimonial, insolvency, judicial review and all aspects of appeal work. For more information on Derek's profile, please follow this link.

Compass is looking forward to working with our two new arrivals and would like to extend a warm welcome to them both.

07/12/2009 - Compass Chambers Reparation Bulletin: December edition

Welcome to the second edition of the Compass Chambers Reparation Bulletin. The Bulletin, published bi-monthly, will keep you up to date with all developments relating to reparation, including recent cases, legislative changes, including details of proposed Bills, and any policy updates in what is a fast changing legal landscape. In this edition the focus is on recent case law on causation in mesothelioma cases; a summary of the new personal injury rules in the Sheriff Courts; an important recent Outer House decision on slipping and tripping hazards under the Workplace Regulations 1992; and a summary of the recently published Civil Justice Review.

If you wish to receive this and other future bulletins please contact Grace Moran on grace.moran@compasschambers.com

30/11/2009 - Compass Chambers Regulatory Defence Bulletin: November edition

Welcome to the November edition of the Compass Chambers Regulatory Defence Bulletin. The Bulletin, published bi-monthly, will keep you up to date with all developments relating to regulatory crime, in particular health and safety, environmental and corporate financial issues. In this edition the focus is on the latest developments in the law relating to the duties under the HSWA.

If you wish to sign up for this and any future Regulatory e-bulletins, please email grace.moran@compasschambers.com

13/11/2009 - Compass Conference Almost Full!

Following an exceptional show of support for the annual Compass Chambers Conference 2009, we find ourselves offering the last remaining spaces for this event to be held Friday 27th November at The Balmoral Hotel in Edinburgh. 

The conference is FREE to attend and delegates may claim 3 hours CPD time. 

A review of legislative and policy developments by Compass experts in the fields of reparation and regulatory prosecutions will be covered and a drinks reception will follow. For more information or to book your spot at the Conference please email irene.mackenzie@compasschambers.com

 

11/11/2009 - Compass Chambers Professional Disciplinary Proceedings Bulletin

Welcome to the 1st edition of the Compass Chambers Professional Disciplinary Proceedings Bulletin. This Bulletin will be published bi-monthly and will keep you informed of developments relating to this diverse sector of law. If you wish to receive this and any future bulletins then please do not hesitate to contact our senior clerk Irene Mackenzie on the following email address; irene.mackenzie@compasschambers.com

For further details about the Compass Chambers Professional and Disciplinary Team, please visit our website at: www.compasschambers.com

10/11/2009 - Sentencing Guidelines Council (SGC) Publishes Draft Guidelines for Sentencing in Fatal Cases

On 27 October 2009, the SGC published its long-awaited response to the Sentencing Advisory Panel paper on sentences in cases under the Corporate Manslaughter and Corporate Homicide Act 2008, and for fatal cases under the Health and Safety at Work etc Act 1974.

Although not binding, the Guidelines, when they become definitive and binding on English Courts in due course, are likely to be persuasive in Scottish Courts. Of greatest note is the SGC’s departure from the Sentencing Advisory Panel recommendation that fines be measured as a percentage of turnover. Rejecting this approach, the SGC say: “A fixed correlation between the fine and either turnover or profit is not appropriate.”

The SGC Guidelines and their likely effect in Scotland will be discussed in more detail in the seminar “Health & Safety Sentences: On the Up?” being delivered by Jamie Gilchrist QC and Gary Allan QC at the forthcoming Compass Chambers Annual Conference.

06/11/2009 - HMA v Underdown: Acquittal in first trial for causing death by careless driving

At Kilmarnock Sheriff Court on 5th November 2009, the first person in Scotland to face trial for causing death by careless driving was acquitted by the jury.  Isle of Arran journalist Nicholas Underdown was driving on the main Brodick to Corrie road on the island in August 2008 when he lost control of his van, as a result of which it crossed onto the opposing carriageway & collided with two cyclists, killing one and seriously injuring the other.  The defence argued that unexpected road conditions caused the accident.

During the trial, the presiding Sheriff upheld a defence submission that the conclusions of a report prepared by Strathclyde Police crash investigation officers usurped the function of the jury and were accordingly inadmissable as evidence. 

Nicholas Underdown was represented by Jamie Gilchrist QC of Compass Chambers.

20/10/2009 - Compass Chambers Annual Conference 2009

Following on from the success of last year's event, Compass Chambers would like to invite you to attend its Annual Conference for 2009. 

The conference will take place on Friday 27th November at The Balmoral Hotel, Edinburgh, from 1pm until 5.30pm and is free to atttend.  Under the Law Society of Scotland's Guidelines, delegates may claim 3 hours of CPD time. 

This year, our programme will include a review of legislative and policy developments in the fields of reparation and regulatory prosecutions.  The law affecting both of these Compass Chambers' core areas is changing at pace and the Conference will present an exciting opportunity for practitioners to identify and discuss the most important recent developments.  A range of seminars will be led by Compass Chambers' experts in each field.

The programme (please see attached file, below) will start at 1.30pm with a keynote address by Lord Rodger of Earlsferry, followed by a number of elective breakout sessions offering delegates the opportunity to select up to 3 seminar topics most relevant to them.

Finally, we are delighted to announce that a number of our colleagues from Crown Office Chambers, London, will also be attending the event.   We will be hosting a drinks reception from 5.30pm to mark our ongoing affiliation, to which all attendees of the Conference are invited.

 

For more information on this event, please email irene.mackenzie@compasschambers.com

Please click on below link for further programme information.

 

Download Accompanying File

12/10/2009 - Operators of Loudon Castle Theme Park acquitted in Health and Safety Prosecution

On 10 October 2009 after a 10 day Sheriff and Jury trial at Kilmarnock Sheriff Court, Parkware Limited, operators of Loudoun Castle Theme park were found not guilty of a contravention of section 2 of the Health and Safety at Work Act 1974. The prosecution followed the death in July 2007 of an employee of the company who had tried to activate a rollercoaster car by pushing it when it stalled at the start of the ride. When the ride commenced he failed to let go of the back of the car and was eventually thrown off sustaining fatal injuries.The case provided a classic example of the reverse burden of proof in such prosecutions as highlighted in the House of Lords case R v Chargot resulting in the company requiring to establish on a balance of probabilities that it had taken sufficient steps to ensure the health safety and welfare of its employees.The other notable feature of the case was that at the end of the trial and in the presence of the jury, the HSE Inspector who was in charge of the case was found guilty of contempt of court as a result of her behaviour in court and her behaviour towards a defence witness.Parkware Limited was represented by Susan Duff of Compass Chambers. 

07/10/2009 - Preliminary Response to Scottish Civil Courts Review

The Civil Justice Review is a large and detailed document containing radical changes to the Scottish Legal System. As practitioners in Scotland’s Courts we wish to engage constructively in the process of change. There are two issues at the outset where we take a different view from the authors of the review. The first is that we believe that the proposals will involve a significant cost burden. The second is that many of the changes will require legislation both in the Scottish and the UK parliaments.   Thereafter we believe that there are some details which require closer consideration.  The first of these is the size of the privative jurisdiction of the sheriff court, particularly in the context of personal injury claims.  Although it is easy to see that the recovery of a debt of £50,000 by one company from another may seem to relatively insignificant to the parties involved, to most individuals £50,000 is a life-changing sum.  Given that this is the limit in England (much lower in Ireland and Northern Ireland), it is difficult to see why a higher limit should prevail in Scotland.  A privative jurisdiction of £30,000 would remove the vast majority of personal injury cases from the Court of Session whilst still allowing important claims e.g. the death of a non-earning spouse to be heard in the appropriate forum. The second and perhaps most obvious point is that the review only envisages two specialist personal injury sheriffs operating the new court in Edinburgh.  We believe this will be insufficient and indeed the idea sits uncomfortably with the justification for moving the work from the Court of Session, namely that it takes up too much judicial time.  It compares unfavourably with the two dedicated commercial judges hearing a fraction of the number of cases in the Court of Session.  Once allowance is made for the periods during which one of the sheriffs is taking holidays or hearing a proof, this would mean that for most of the time only one sheriff would be overseeing some 2,500 cases a year.  This would make the new court an unattractive forum for litigants and would lead to significant delays, which are not a feature of litigation in the current personal injury system.Finally, we are pleased that the review recognises that the success of the present system of personal injury rules is in large part down to those who work within that system. We are concerned therefore that the position of sanction for counsel (and solicitor advocates) in the new Personal Injury Court has not been made clear.  The remit of the Review contained the direction to “report within 2 years, making recommendations for changes with a view to improving access to civil justice in Scotland”.  Meaningful access to civil justice must include an ability to secure high quality legal representation such as is offered by an independent referral bar.  Under the present system people with personal injury claims worth more than £5,000 can choose to litigate in the Court of Session.  This carries with it an automatic entitlement to utilise the services of counsel.  Unless such entitlement exists in the proposed personal injury court, access to civil justice will be reduced rather than improved.  Accordingly automatic sanction for counsel should be an integral feature of the personal injury court.  This would preserve the important right of access to an independent referral bar that litigants have always had in such cases.  Furthermore, it would help maintain the body of specialist counsel in the area of personal injury (and Compass Chambers clearly has an interest as the market leader here) that the Review accepts as being a valuable resource to potential litigants.  It is thus essential that there is automatic sanction for counsel in the new court, particularly where the level of recoverable fees is to be fixed.  This measure would have a negligible effect on Legal Aid resources since most personal injury litigation is funded by insurance companies.   Members of Compass Chambers offer to give freely of their time in order to assist MSPs and the Scottish Government in bringing forward this programme of change. For more information please contact Miss Irene MacKenzie, Head Clerk at irene.mackenzie@compasschambers.com.

01/10/2009 - Compass Chambers Reparation Bulletin: October edition

Welcome to the first edition of the Compass Chambers Reparation Bulletin. The Bulletin, published bi-monthly, will keep you up to date with all developments relating to reparation, including recent cases, legislative changes, including details of proposed Bills, and any policy updates in what is a fast changing legal landscape. In this edition the focus is on recent developments in the law of causation in the context of criminal acts; the proposed legislative changes to fatal claims under the Damages (Scotland) Act 1976; whether pre-litigation admissions of liability can be binding; the extent to which owners of animals are liable for their actions; and an important very recent Outer House decision on the Workplace Regulations 1992.

If you wish to receive this and other future bulletins please contact our Senior Clerk, Irene Mackenzie, on the following email address; irene.mackenzie@compasschambers.com.

29/09/2009 - Compass Chambers Regulatory Defence Bulletin: September edition

Welcome to the September edition of the Compass Chambers Regulatory Defence Bulletin. The Bulletin, published bi-monthly, will keep you up to date with all developments relating to regulatory crime, in particular health and safety, environmental and corporate financial issues. In this edition the focus is on Proceeds of Crime and in particular, the new procedural rules for confiscation proceedings in the High Court of Justiciary introduced in August.

If you wish to receive this and other future bulletins please contact our Senior Clerk, Irene Mackenzie, on the following email address; irene.mackenzie@compasschambers.com

25/09/2009 - Maggie Scott QC joins Compass Chambers

Compass Chambers is delighted to welcome Maggie Scott QC as a member of chambers.  Maggie is recognised as a leading expert on criminal law and European human rights law, and was most recently lead counsel in the Lockerbie appeal.  She has handled many other landmark, complex and high profile appeal cases.  Maggie significantly contributed to the Coulsfield review of disclosure in Scotland, and in the course of the Lockerbie appeal argued against the first public interest immunity claim in Scottish criminal proceedings.  Maggie sits as a part-time Sheriff, and is frequently called upon to write, lecture and consult on criminal law issues and law reform.

 At this stage of her career, Maggie intends to broaden her practice into the fields of regulatory crime, professional disciplinary proceedings, judicial review, challenges to Scottish legislation and executive action, and disclosure and access to information (including public interest immunity claims)

21/09/2009 - Electronic Diaries

Starting the new court term afresh, Compass Chambers has today disposed of all paper diaries in favour of the more efficient electronic diary system.  This system will prove beneficial to members and to agents alike and it will ensure that clerks can give an accurate, on the spot response to any queries regarding availability. Diaries can be relied upon as being up to date and limited remote access can be gained by firms to check availability. A number of firms are already taking advantage of our online diary system; please email info@compasschambers.com for further information on how to register. 

15/09/2009 - HMA v Malcolm Bell: death by careless driving case sentenced

At Dumfries Sheriff Court on 15 September 2009, Malcolm Bell was sentenced for a breach of section 2B of the Road Traffic Act 1988, in one of the first cases of causing death by careless driving to come before the Scottish courts for sentence.

 

The accident, which occurred on the A75 in September 2008, resulted in the death of the two occupants of an on-coming car. Mindful of the maximum penalty of five years’ imprisonment set by Parliament, the sheriff considered a custodial sentence to be appropriate but following submissions, imposed a 200 hour Community Service Order and disqualified the accused from driving for a period of four years.

 

Barry Smith of Compass Chambers represented Mr Bell.

04/09/2009 - Robert Milligan appointed Queen's Counsel

Compass Chambers is delighted to congratulate Robert Milligan on his appointment as Queen’s Counsel.  

Robert, who is frequently instructed by most leading firms in Scotland, acts for both pursuers and defenders equally and appears regularly in the Sheriff Courts and the Court of Session.  His specialist areas of practice include reparation (particularly personal injuries), professional & medical negligence, Fatal Accident Inquiries and Criminal Injuries Compensation claims.  

Compass Chambers offers expertise across a broad spectrum of litigation, with core strengths in reparation, regulatory crime and professional disciplinary proceedings.

Robert’s appointment to Queens Counsel boosts the Compass ranks to ten Q.C’s and twenty Junior Counsel.

25/08/2009 - "Criminal Health & Safety Law: Playing by the New Rules"

Compass Chambers, in conjunction with Crown Office Chambers, is pleased to announce the forthcoming Health & Safety seminar which will take place in Newcastle on Thursday 24th September 2009.   “Criminal Health & Safety Law: Playing by the New Rules” will commence at 2.30pm at St James Park with registration, followed by an introduction by Sir Robert Nelson. Five different aspects of Health and Safety Law will be covered – including “Corporate & Directors’ Criminal Liability: The New Landscape” presented by Peter Gray, QC and Barry Smith, both from Compass Chambers. The seminar is accredited for 3 hours CPD. For further information, please email Michelle Williamson or to book please click here.

19/08/2009 - FAI - Debenhams, Glasgow

Between 6-8 July 2009, a Fatal Accident Inquiry was held into the death at work at Debenhams, Glasgow of one if its former employees, a Marie O’Neill. In his written judgement, Sheriff Craig Scott criticised the system of lighting which the employers had in place when the deceased died, as a result of falling down an internal flight of steps. The case received widespread press coverage. Robin Cleland of Compass Chambers acted for one of the family members of the deceased in the FAI.

10/07/2009 - Compass Welcomes Richard Henderson

Compass Chambers is delighted to welcome newest member Richard Henderson on board – our second new call in as many months.  Richard – who devilled to Compass member, Robert Milligan - called to the bar this afternoon and comes to Compass with three years exposure to Advocacy as a Solicitor Advocate. Prior to this, Richard gained experience through eleven years spent at Harper Macleod – seven of these as a Partner.  

Richard’s main fields of interest include reparation, health and safety and, in particular, occupational disease litigation.

 

 

09/07/2009 - Compass Chambers Regulatory Defence Bulletin: June edition

Welcome to the June edition of the Compass Chambers Regulatory Defence Bulletin. The Bulletin, published bi-monthly, will keep you up to date with all developments relating to regulatory crime, in particular health and safety, environmental and corporate financial issues. In this edition the focus is on proposed reforms to the FAI system, following the publication of Lord Cullen’s report on consultation.

If you wish to receive this and other future bulletins please contact our Senior Clerk, Irene Mackenzie, on the following email address; irene.mackenzie@compasschambers.com

 

15/06/2009 - Compass to Sponsor Scottish Legal News

Compass Chambers help Scottish Legal News to celebrate its first anniversary by becoming sponsors of the fast-growing daily news service. The online newsletter has already attracted nearly 3,800 subscribers from right across the legal spectrum in Scotland.

Peter Gray QC, director of Compass Chambers, said: "We are pleased to support Scottish Legal News which is providing a valued service to Scotland's lawyers. We hope that our sponsorship and support will assist its continued development and growth."

For the latest edition of Scottish Legal News please click here.

12/06/2009 - Leonard Allison v Henry Robb Ltd and others

11/06/2009 - New Director of Chambers

Peter Gray QC has taken over as the new director of Compass Chambers.  He replaces Andrew Smith QC, who has decided to step down after more than 2 years in the role.

 

“The challenge for us all is to ensure that, as members of Compass, we are in a position to offer our clients the best and most efficient service possible,” said Peter.  “To that end, I am already working with our management committee to review and, where necessary, improve the ways in which both counsel and clerks work.  I would be delighted to receive any feedback from instructing solicitors as to how we could better serve the needs of those instructing us.”  

09/06/2009 - HMA v Discovery Homes (Scotland) Ltd & Richard Pratt: Construction company and director fined over fatal accident

At Dundee Sheriff Court on 8 June 2009, Richard Pratt, a Director of Discovery Homes (Scotland) Ltd, pled guilty to a breach of sections 2(1) & 37 the Health & Safety at Work etc Act 1974. The conviction is only the second successful prosecution of a company Director in Scotland.

 

Mr Pratt accepted that the company’s failure to ensure adequate guarding of a smoke extraction shaft was attributable to his neglect and constituted a breach of the company’s duty to ensure the health, safety & welfare of its employees, including the deceased. Following submissions, the Sheriff accepted the accused’s means were limited and imposed discounted fines of £5,000 and £4,000 on the company and Director, respectively.

 

Barry Smith of Compass Chambers represented the Director.

05/06/2009 - New addition to Compass team

Compass Chambers are delighted to announce the arrival of the newest addition to their team; Gavin Thornley called this morning and joins Compass following 16 years experience as a solicitor in Scotland and England.   

After training at Thompsons in Manchester, Gavin moved to Russell Jones & Walker before qualifying as a Scottish Solicitor in 2001. On moving to Scotland, Gavin initially worked with Lawford Kidd before working for Bonnar & Co for six years. During this period, Gavin worked with numerous members of Compass including his Devilmaster - Astrid Smart, Robert Milligan, DI Mackay, QC and Geoff Clarke, QC on numerous cases.  

Gavin hopes to specialise in personal injury and medical negligence.

03/06/2009 - FAI Review: Interim Report

In February Compass provided a response to Lord Cullen’s wide-ranging review of the FAI system in Scotland. All responses have now been considered, and an interim report has been issued. Compass was the only stable from the Faculty of Advocates to respond to the consultation paper. It is hoped that the final report will be published later this year. The interim report can be found at: http://www.scotland.gov.uk/About/fatal-accident-review/  .

To read the response by Compass, please click here.

03/06/2009 - Health & Safety Prosecution - P.F. (Perth) v Thomas Thomson (Blairgowrie) Limited and Thomas Peter Thomson

At Perth Sheriff Court on 26th May 2009, Thomas Thomson (Blairgowrie) Limited pled guilty to a contravention of s.2 of the Health and Safety at Work Act 1974 and Thomas Peter Thomson, a director of the company, pled guilty, in that capacity, to a contravention of regulation 3 of the Management of Health and Safety at Work Regulations 1999.An inadequate risk assessment resulted in a failure to put in place safe zones under, and on either side of, overhead power lines running across a field in which polytunnels were being erected. An employee involved in the erection of the tunnels was fatally injured when a series of metal poles being carried by him came into contact with the power line.Following submissions, Sheriff Fletcher imposed a discounted fine of £9,000 upon the company and a discounted fine of £1800 upon the director. Craig Thomson of Compass Chambers appeared on behalf of the director.

21/05/2009 - HMA v S T McDowall: JCB operator fined £3,500 over fatal accident

At Lanark Sheriff Court on 28 April 2009 Shaun McDowall, the self-employed operator of a JCB excavator, pled guilty to a breach of section 3(2) of the Health & Safety at Work etc Act 1974.

 

A fault in the machine’s hydraulic system resulted in the bucket falling from the arm and striking an architect inspecting the site. Mr MacDowall accepted that his failure to use a safety pin in the hydraulic arm of the JCB constituted a breach of his duty to ensure the health, safety & welfare of those not in his employment, including the deceased. Following submissions, the Sheriff imposed a discounted fine of £3,500.

 

Barry Smith of Compass Chambers represented the accused.

30/04/2009 - Compass Chambers Regulatory Defence Bulletin: April edition

Welcome to the April edition of the Compass Chambers Regulatory Defence Bulletin. The Bulletin, published bi-monthly, will keep you up to date with all developments relating to regulatory crime, in particular health and safety, environmental and corporate financial issues. In this edition the focus is on Directors’ responsibilities & the potential consequences of failing to meet them.

If you wish to receive this and other future bulletins please contact our Senior Clerk, Irene Mackenzie, on the following email address; irene.mackenzie@compasschambers.com

15/04/2009 - Safety, Health & Environmental Forum (Scotland).

The Safety, Health & Environmental Forum (Scotland) is the oldest Safety Group in Scotland and meets monthly to promote good health and safety across the country. Peter Gray QC from Compass Chambers gave a seminar to the forum on Wednesday 15 April entitled “Health and Safety Enforcement; A Changing Landscape”. This talk discussed the prosecution and sentencing of companies, the increasing use of existing powers to prosecute directors and criminal liability of companies and directors in relation to fatal road traffic and construction accidents. This proved an excellent opportunity for directors and other key management staff to hear about the risk of failing to comply and the consequences in event of conviction.

23/02/2009 - John McEwan v Argyll & Arran Acute Hospitals NHS Trust

Court of Session decision in favour of the pursuer in a case alleging clinical negligence during abdominal surgery.  The Court found that a failure properly to confirm the viability of ischaemic tissue during a routine operation led to bacterial translocation causing necrotising fasciitis with near fatal consequences and massive resultant tissue loss.Iain Armstrong QC of Compass Chambers acted for the pursuer.

20/02/2009 - “Lord Cullen Review of FAIs: Compass Chambers Response”

As a large proportion of members of Compass have expertise in appearing in FAIs dealing with issues such as medical negligence, breaches of health and safety in the construction industry, offshore and road accidents and deaths in custody, it was considered important that Compass should provide a response to this wide-ranging Review. To read the Response in full click on link below.

  

Download Accompanying File

18/02/2009 - Glasgow CIty Council win in House of Lords

Glasgow City Council has won its case in a landmark appeal in the House of Lords following the death of a housing association tenant in 2001.

Andrew Smith QC of Compass Chambers successfully represented the council in their appeal, arguing that the action should be dismissed as there is no claim in law.   The case raised important issues regarding the law of negligence involving landlords and in particular Local Authorities.

The appeal was raised by the family of James Dow Mitchell who died following an assault by a neighbour in the Bellahouston area of the city.   It was argued by the Mitchell family that the council owed a duty of care to the deceased during a long-running feud with James Drummond.   In July 2001, Drummond had been given notice for eviction by the council, returned home angry and launched an assault on Mitchell resulting in injury and death.

Ian Mackay QC of Compass Chambers commented;

“The case is of considerable significance to Local Authorities throughout Scotland. It was decided that there could be no liability by a Local Authority, for the criminal actions of a tenant who killed another tenant, if the alleged basis for that liability was simply that Local Authority were the perpetrators’ landlords.”

The case has been commended for raising the importance and role which Scots law plays in shaping UK law relating to negligence.  In her judgment released today (Wednesday) Lady Hale remarked;

 “This is but the latest in a long line of cases from Scotland which have played such an important part in shaping the law of negligence for the whole of the United Kingdom.”

The case follows two previous hearings in the Court of Session.  Lord Bracadale dismissed the action in 2005 but the Inner House at the Court of Session overturned the decision which led to the appeal in the House of Lords.

Today’s judgment follows the hearing in December.

11/02/2009 - “Compass Chambers Regulatory Defence Bulletin: February Edition

Welcome to the February edition of the Compass Chambers Regulatory Defence Bulletin.  The Bulletin, published monthly, will keep you up to date with all developments relating to regulatory crime, in particular, health and safety, environmental and corporate financial issues. 

In this edition the focus is on Health and Safety, and in particular:

the Specialist Health and Safety Division established in January 2009 to oversee the prosecution of all Health and Safety cases in Scotland;

and HMA -v- Munro & Sons Ltd (2009) - a Crown Appeal against sentence from a health and safety prosecution in which the Appeal Court has provided guidance on sentencing factors.

If you wish to receive this and other future bulletins please contact our Senior Clerk, Irene Mackenzie, on the email address below.

 

irene.mackenzie@compasschambers.com

 

04/02/2009 - Rush v Rosenguard (Glasgow Sheriff Court 26 January 2009)

04/02/2009 - “Rodney McLellan v Dundee City Council [2009] CSOH 9

Court of Session proof on liability, contributory negligence and causation.  The pursuer’s right index finger was partially amputated when he was clearing a blockage in his lawnmower whilst at work with the council.  The case was brought against the council on the basis of alleged breaches of the Provision and Use of Work Equipment Regulations 1998.  The court considered regulation 4 (suitability of work equipment) under reference to English v North Lanarkshire Council 1999 SCLR 310 and Robb v Salamis (M&I) Limited 2007 SC(HL) 71.  David McNaughtan of Compass Chambers appeared on behalf of the pursuer. 

See www.scotcourts.gov.uk/opinions/2009CSOH9.html for full report.”

02/02/2009 - New addition to Compass Clerking Team

Compass Chambers is delighted to announce the successful recruitment of an additional Deputy Clerk.  Grace MacRae will be joining the team on Monday 16th Feb. Grace joins Compass from Condies in Perth where she is currently responsible for the residential leasing department. She also previously worked as a Paralegal for Paull & Williamsons in Aberdeen where she was part of the corporate department in the oil and gas unit, responsible for negotiating and administering contracts.

07/01/2009 - Craig Moore -v- The Scottish Daily Record and Sunday Mail Limited

In this case the court had to re-consider the First Division’s decision in the case of Billig v The Law Society of Scotland 2008 SC 150. In Billig the First Division suggested they had the power in the exercise of their inherent jurisdiction, to fine the appellant due to the circumstances surrounding the late abandonment of his appeal. In Moore a bench of five judges held that the court cannot competently fine parties for late abandonment; they thus overruled the decision in Billig.  Richard Pugh of Compass Chambers appeared with Roddy Dunlop for the Scottish Daily Record.  

http://www.scotcourts.gov.uk/opinions/2008CSIH66.html 

18/11/2008 - Peter Gray QC announced as Judge for 2009 Legal Awards

We are delighted to announce that Peter Gray QC has been selected to join the judging panel for The 2009 Legal Awards, sponsored by Scott + Co.  

The awards programme, operated by KDMedia, is chaired by Margo MacDonald, and aims promote and celebrate Scotland’s most accomplished and aspiring legal professionals.

The programme launches at the Scotsman’s Live Legal Debate next week and culminates in a glittering lunch to take place in Edinburgh in March 2009.

Contenters are invited to join guests at the Scotsman’s Live Legal Debate.   The panel of experts includes Ian Smart, Vice President of the Law Society of Scotland, Jane Irvine, Chair of the Scottish Legal Complaints Commission, Martyn Evans, Director of Consumer Focus Scotland (formerly the Scottish Consumer Council) and John Scott, a criminal defence lawyer.

Many of the judges and entrants will be at the event which will be held at The Scotsman Building, 108 Holyrood Road, on Monday 24 November 2008 at 6.30pm with a drinks reception.  The debate starts at 7pm and concludes by 8:30pm.

For more information visit www.thelegalawards.com

To sign up for the launch debate, please email info@thelegalawards.com

17/11/2008 - ICL Public Inquiry into Stockline Explosion

The Public Inquiry conducted under the Inquiries Act 2005 in relation to the Stockline Plastics Factory tragedy of 2004 in which nine people died, was concluded before the Right Honourable Lord Gill on 13 November 2008. Of the four Core Participants in the Inquiry, two were represented by members of Compass Chambers.  Johnston Oils Ltd were represented by Peter Gray QC and Calor by David Sheldon. 

10/11/2008 - PF FORT WILLIAM v NEVIS RANGE DEVELOPMENT CO PLC & KEVIN JOHN BYRNE

At Fort William Sheriff Court yesterday, Nevis Range Development Co Plc and an employee, Kevin Byrne, pled guilty to breaches of sections 3 and 7 of the Health & Safety at Work etc Act 1974. The prosecution resulted from the derailment of one of the Nevis Range gondola cable cars in July 2006. The accident prompted a major incident response from the emergency services and a subsequent investigation by the Health & Safety Executive. This prosecution of an employee is one of only a very few to come before the courts under a section which is rarely enforced. Following submissions, the company was fined £2,000 and Mr Byrne £1,000.

Barry Smith of Compass Chambers represented Kevin Byrne.

13/10/2008 - Compass Chambers Annual Reparation Conference 2008

Next month, Compass Chambers is hosting its first annual Reparation Conference, at the Balmoral Hotel on Thursday 13th November. 

The key note speaker has just been confirmed as Christopher Purchas QC of Crown Office Chambers who will speak on Clinical Negligence.  A number of Compass members will also lead workshop sessions on topics including; third party crime (Mitchell v Glasgow City Council), health and safety at work (Spencer Franks) and the costs of care in Scotland related to Sowden and Crofton cases. 

A second plenary session on the use of 3D modelling in court, given by Peter Milligan will close the conference. 

Guests are invited to stay and enjoy an informal drinks reception which will provide good opportunity to network with some of the leading experts in reparation litigation, a specialist area for Compass.

To book your place at The Compass Chambers Reparation Conference please complete and return the booking form as soon as possible to KDMedia by fax 0131 337 3232 or email kate@kdmedia.co.uk Click here to access the booking form.   

We look forward to welcoming you to the inaugural Compass Chambers Reparation Conference.

07/10/2008 - Compass Chambers announce strategic link with London chambers

Compass Chambers, are delighted to announce a reciprocal partnership with Crown Office Chambers in London.  The new partnership was celebrated last week at a reception at One Aldwych and guests included members of both Chambers and Lord Rodger of Earlsferry who attended a special guest. 

This move is the first time that a Scottish stable has formed a partnership with a set of London barristers and it is believed that the link will improve services to clients and open up a number of business development opportunities in Scotland.    

Andrew Smith QC, senior counsel at Compass Chambers has spearheaded the move following his training at the English bar a number of years ago. “This relationship is about improving our services to clients in cases which need expertise on either or both sides of the border.  We will be able to offer our clients an unparalleled range of expertise and of course have the facilities of a London office when we need it.”  

The two chambers enjoy a similar profile in expertise.  Compass members are recruited for their skills in the four core areas of personal injury, professional negligence, regulatory prosecutions and professional disciplinary proceedings.  For more information on Compass Chambers or Crown Office Chambers, please contact Irene Mackenzie on 0131 260 5648.

22/07/2008 - COMPASS CHAMBERS WELCOME NEW ADVOCATES

Compass Chambers is pleased to announce that two new members of the Faculty of Advocates have been successful in their applications to join the Chambers. Richard Pugh joins from private practice where he specialised in cases relating to medical and professional negligence, and personal injury litigation.  

 

Prior to coming to the Bar, Craig Murray spent five years in private practice covering a wide range of litigation.  In the longer term, Craig intends to specialise in regulatory prosecutions.  Compass offers expertise and experience across a broad spectrum of litigation, with core strengths in personal injury, professional negligence, regulatory prosecutions and professional disciplinary proceedings. 

 

Both Richard and Craig are seen as being valuable additions to Compass and will further enhance its reputation as leaders in the provision of specialist advice and advocacy.

15/07/2008 - Prosecution of Ondeo Industrial Solutions UK Limited

Yvonne Waugh represented Ondeo Industrial Solutions UK Limited in a prosecution brought under environmental legislation following oil slicks in the Firth of Forth in July 2007. Ondeo manage the effluent treatment plant for wastewater from the Grangemouth Oil Refinery.  They faced a fine of up to £50,000 following large oil slicks on the Forth identified as having been released from the Treatment plant.  Having heard submissions the court imposed a fine of £3,000. 

http://news.bbc.co.uk/1/hi/scotland/tayside_and_central/7507680.stm 

http://news.scotsman.com/latestnews/3000-fine-for-9mile-oil.4291285.jp

08/07/2008 - Maureen Flood v University of Glasgow (Lord Woolman). Procedure Roll

In this occupational stress case, the pursuer claimed damages from her former employers, the University of Glasgow, for psychiatric harm which she contended resulted from overwork.  It was argued on behalf of the defenders that the action was irrelevant, in that the pursuer had failed to make sufficient averments to establish the nature of any breach of duty on the part of the defenders and how that duty ought to have been fulfilled. The  pursuer's action was dismissed.   

Astrid Smart of Compass Chambers appeared for the defenders.

14/06/2008 - Compass Chambers take on the Caledonian Challenge 2008

Congratulations to Calum Wilson, Steve Love, Yvonne Waugh & Amber Galbraith took part in this year's Caledonian Challenge and raised over £2500. The team who were supported by Robert Milligan and Malcolm McGregor took part in the 54 mile trek from Fort William to Loch Lomond, with only brief rest and refuelling stops.  The Caledonian Challenge has established itself as Scotland’s foremost endurance fund-raising event since it was founded 10 years ago. 

 

29/05/2008 - Foodie Heaven

Last month Compass Chambers and guests enjoyed a fantastic evening at Edinburgh’s world famous Tower Restaurant to celebrate Compass Chambers’ first birthday.  The sun was shining as guests sipped champagne on the roof top terrace before retreating inside to indulge in a seasonal  six course tasting menu with accompanying wines.  Charles MacLean , local whisky expert and world renowned whisky writer provided an entertaining whisky tasting to complete the celebrations. Look out for the next Compass Chambers Foodie extravaganza!

 

28/05/2008 - Harbro Farm Sales Ltd v Allan Elliott and Mrs J Elliott and Massey Bros. (Feeds) Ltd

Sheriff D J Cusine

Aberdeen Sheriff Court

 

In this product liability proof the Pursuer and Third Party successfully defended a £160,000 counter-claim in respect of allegedly defective game bird feed.

 

The Defenders, who were rearers of pheasants and other game birds, refused to pay the Pursuer’s invoices for pheasant feed supplied in the 2001 season. The Pursuer sued for payment and the Defenders counterclaimed. The Third Party, as manufacturer of some of the feed, was later brought into the action. Evidence, including that of three animal nutrition experts and a veterinary surgeon was led over thirteen days at Aberdeen Sheriff Court throughout 2007. The Sheriff held that the Defenders had “failed to establish that the feed supplied to them by the Pursuers was not of satisfactory quality, or deficient in any way,” preferring the explanation of the experts for the Pursuer and Third Party that the Defenders losses in 2001 were more likely to have been caused by disease.

 

Barry T Smith, Advocate, of Compass Chambers represented the Pursuer and Third Party (Agents McClure Naismith and Simpson & Marwick (Aberdeen))

13/05/2008 - Samantha Baird v Graham Cowie

This was a Jury Trial involving the traumatic above-knee amputation of a young woman. Damages were valued in excess of £1,000,000. The case settled on the morning of the Trial. D.I. MacKay QC and Robert Milligan of Compass Chambers acted for the Defender, Astrid Smart of Compass Chambers was Junior Counsel for the Pursuer.

10/03/2008 - Michael Knaup v Guernsey Ship Management Limited & Another

Peterhead Sheriff Court, 3rd March 2008

Defenders successfully sought dismissal of the action on the basis of the pursuer’s failure to progress same. The action concerned an accident onboard a vessel that occurred on 12th January 1999. The accident was allegedly caused by the state of the vessel. The action was raised on 4th April 2002 (in accordance with an agreed extended triennium). Thereafter the action was sisted and remained so until the defenders enrolled a motion seeking to recall the sist and to dismiss the action. Applying the guidance provided by the Inner House in Tonner v Reiach & Hall 2007 SLT 1183, the Sheriff (Gardner) concluded that there had been inordinate and inexcusable delay. At the motion for dismissal, the court also heard a simultaneous motion on behalf of the pursuer seeking to amend the pleadings to include inter alia a new case of fault against the captain of the vessel. It was submitted on behalf of the defenders and accepted by the Sheriff that a number of witnesses were either untraceable or deceased. The captain of the vessel was traced to Germany but could not recall events due to the passage of time. The vessel itself was in Brazil. The pursuer had spent a significant period of time since the accident in his native Germany. The Sheriff held that the particular facts and circumstances of the case demonstrated clear prejudice to the defenders in the event that the action was allowed to proceed. Malcolm McGregor of Compass Chambers represented the defenders.

30/01/2008 - McGibbon v McAllister [2008] CSOH 4

http://www.scotcourts.gov.uk/opinions/2008CSOH04.htmlLord Brodie held that the definition of “parent” in the Damages (Scotland) Act 1976 (as amended) had to be read in the light of the Human Rights Act.  Accordingly, the “de facto stepfather” of the deceased was held to be a “parent” in terms of paragraph (b) of Schedule 1 to the 1976 Act 1976, notwithstanding that he was not the natural father of the deceased and so did not fall within the normal definition of a parent.  To hold otherwise would be inconsistent with Articles 8 and 14 of the ECHR when read together as it would discriminate against the pursuer on the basis purely of his marital status. Although the specific significance of this case is limited, because the Damages (Scotland) Act has now been amended to include those in the position of Mr. McGibbon, the wider significance of this case is that it is authority for the proposition that conferring title to sue may be fall within the state’s obligations under Article 8. The pursuer was represented by Robert Milligan of Compass Chambers.  The defender was represented by a solicitor advocate. 

29/01/2008 - Utilities not liable for Street trips; Foster v Dundee City Council

Foster v Dundee City Council, Sheriff McCulloch, 22 January 2008.

In this case, the Council was sued for damages after the pursuer was injured when he tripped on a missing toby cover. The Council convened Scottish Water, the owner of the toby cover, as a Third Party. Such actions usually settle on a 50:50 basis, and indeed Scottish Water tendered 50:50 liability. However, the Council rejected the tender, indicating that they took the view that Scottish Water should be entirely responsible. Accordingly, despite the fact that damages were agreed at the low level of £2,500, the case went to proof as a test case. The Sheriff disagreed with the Council’s argument, and rather took the view that there was no liability at all on Scottish Water, who were assoilzied. It remains to be seen whether this will result in the practice which has been widespread thus far, of Utilities and Councils agreeing to share liability in such cases on a 50:50 basis, being reviewed by the many utility companies with ironwork in the streets around Scotland.   

Roddy Dunlop of Compass Chambers was counsel for Scottish Water. The decision can be viewed by clicking on the box below.

Download Accompanying File

23/10/2007 - Pleural plaques not actionable in Scotland

Lord Uist has followed the seminal decision of the House of Lords in the English case of Rothwell (see below: “Pleural Plaques do not sound in damages”), holding that the same result should follow in Scotland. Roddy Dunlop of Compass Chambers was one of the junior counsel for the defenders.

19/10/2007 - HMA v Colin Kane, High Court, Glasgow : Causing death by dangerous driving: undiagnosed obstructive sleep apnoea.

The accused, a commercial lorry driver, was charged with causing death by dangerous driving, having collided with a stationary queue of traffic, resulting in the death of three people.  It was agreed that the most likely immediate cause of the accident was that Mr Kane had fallen asleep at the wheel. Investigation established that, at the time of the accident, Mr Kane was suffering from chronic obstructive sleep apnoea. The condition was undiagnosed at the time of the accident. The principal issue at trial, in respect of which considerable expert evidence was led, was whether Mr Kane was aware, or ought to have been aware that he was suffering from excessive daytime sleepiness at the time of the accident. At the conclusion of the trial, the jury found the case not proven. 

 

Mr Kane was represented by Peter Gray QC of Compass Chambers (instructed by HBM Sayers).

17/10/2007 - Pleural Plaques do not sound in damages

The House of Lords has issued its decision in the long awaited case of Rothwell and others v. Chemical and Insulating Company Limited:  http://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd071017/sshd.pdf. The House has ruled that asymptomatic pleural plaques do not sound in damages, at least when the basis of the claim is negligence or breach of statutory duty. The same applies even if the diagnosis of pleural plaques is accompanied by psychiatric injury.  Intriguingly, however, Lords Hope, Scott and Mance raised a query as to whether damages might be recoverable if a pursuer were to sue in contract rather than in negligence; and Lords Hope and Mance suggested that the earlier decision of the House in Page v Smith might be open to reconsideration. Accordingly, the decision in Rothwell may well be productive of further litigation. 

Roddy Dunlop of Compass Chambers was Scottish consultant for the defendants in the proceedings before the House of Lords

15/10/2007 - Nicola Penman or McKinlay v Score (Europe) Ltd, Jury Trial

Lady Clark of Calton, 15 October 2007

 

The pursuer, a woman aged 27, sustained severe injury when her left hand was trapped in a lathe.  She lost her ring and small finger and part of her hand and developed phantom pain and post-traumatic stress disorder. She was unable to return to her previous work but had been able to undertake lighter IT work.  She claimed damages for the cost of two cosmetic hand prostheses.  The Jury were provided with copies of the relevant actuarial tables (Ogden, 6th edition) to calculate future loss of earnings, in the event that they considered it was appropriate to approach future wage loss on a multiplier/multiplicand basis.  This was the first case where a Jury employed the Tables in calculating future wage loss – in this case, the sum of £167,000.  Solatium awarded was £100,000 and prosthetic costs £103,000.   

 

 DI  Mackay QC and Astrid Smart of Compass Chambers represented the pursuer at the Jury Trial.

 

15/10/2007 - Appointment of Compass Chambers QC to Crown Office

Compass Chambers are very pleased to announce that Gary Allan QC, one of its regulatory crime and professional discipline team, has accepted the invitation of the Lord Advocate to enter Crown Office as a Senior Advocate Depute. He takes up his appointment on 1 November 2007. Of his appointment, Gary commented “I have admired the work done in Crown Office all my professional life. It has always seemed such a hard and often thankless challenge. Although I have been an ad hoc depute for many years, the new challenge of entering Crown Office as a senior advocate depute at such a time of change, and the possibility of making a real contribution  was one I could no longer resist. I am looking forward to working with very able people in all areas of Crown Office work, but I am particularly pleased that there will be an opportunity there for me to pursue my continuing special interest in health and safety and environmental law prosecutions, as well as other regulatory matters”. Whilst during his period in Crown Office Gary will obviously be unable to undertake criminal defence work, he intends to maintain his professional discipline practice.

18/09/2007 - Henderson v Sutherland

(Lord Eassie 18th September 2007) http://www.scotcourts.gov.uk/ opinions/2007CSOH158.html

This was a claim for personal injury following a road accident. The pursuer had been employed as a prison officer, and had been taken hostage some years before. He suffered PTSD as a result, but returned to work. He then had the road accident, but again returned to work. 
He subsequently became unable to fulfill his duties and retired from the Prison Service.

The important legal issue raised was that the pursuer had previously claimed damages for the PTSD against the prison service. They argued that the cause of his termination of employment was the accident and not the hostage taking situation. However, the claim was ultimately settled without a proof. Part of the settlement figure was clearly in respect of wage loss for the past and future.

In the case before Lord Eassie, the defender argued that the settlement figure in the previous case should be taken in to account in some way. However, the pursuer successfully argued that the payment in the previous action was legally irrelevant as it amounted to a payment similar to an ex gratia payment, even though in the context of a litigation.

Senior Counsel for the pursuer was Andrew Smith QC of Compass Chambers.

 

06/09/2007 - Billy McGhie v Diageo PLC

This was an appeal against a decision of the Lord Ordinary, in the exercise of his discretion, to refuse an application to amend and discharge a proof that was imminent. The Inner House was persuaded on appeal that the Lord Ordinary had failed to exercise his discretion properly and allowed the appeal. Reference was made to a number of authorities on the question of amendment, discharge of diets and the exercise of discretion in appeals cases.

http://www.scotcourts.gov.uk/opinions/2007CSIH68.html

Counsel for the Appellant, Andrew Smith QC of Compass Chambers

20/08/2007 - Two New Silks in Compass Chambers

Compass Chambers are delighted that on 20 August 2007 two members of their junior bar were appointed Queen’s Counsel. Jamie Gilchrist QC and Gary Allan QC are both experienced former solicitors and members of Compass Chambers regulatory crime and professional discipline team. Jamie called in 1994 and was an advocate depute from 1999 until 2001. As well as being a hugely experienced court practitioner, his attention to detail, skill and diligence have caused his recruitment to the defence team presently preparing the appeal of the Lockerbie accused referred to the Court by the Scottish Criminal Cases Review Commission. He was appointed a part time sheriff in 2006. Gary called in the same calling group in 1994 and has pursued a successful career at the defence bar where, as well as in general crime, he has in more recent years developed an expertise and special interest in regulatory crime and professional discipline. He has been an advocate depute ad hoc since 2001 and has appeared before the discipline tribunals of a wide range of professional bodies as diverse as farriers and midwives both as prosecutor and defence counsel.

10/07/2007 - Fegan v Highland Council (2007) CSIH 44

In this appeal to the Inner House from a proof in Wick Sheriff Court, the pursuer was represented by Bruce Erroch (and, at the appeal, Alan Dewar QC) and the defenders were represented by Robert Milligan.  The pursuer had fallen from a cliff top in Thurso, suffering catastrophic injuries.  Although the pursuer could not remember how she had fallen, she had been sitting on a bench a few feet from the top of the cliff shortly before the accident.  Her case was that the bench acted as a trap or an allurement to go too close to the unguarded cliff top.  The sheriff held that the pursuer had failed to prove how the accident had happened and in any event that there was no duty on an occupier to guard against natural and obvious dangers, such as cliffs.  The Inner House refused the appeal, on the basis that the sheriff was entitled to make the findings that he did.  Lord Johnston, delivering the opinion of the court, concluded that “The sheriff, who not only heard the evidence but also inspected the locus was entitled, in our view, to conclude that there were no unusual or special dangers at the locus requiring the occupier to take precautions such as the erection of fencing.  In many ways the issue for the sheriff was a jury question in respect of which it has to be shown that the trial judge, i.e. the sheriff, plainly misdirected himself or plainly reached a wrong decision on the facts.  We find it quite impossible to assert that in this case.”

09/07/2007 - Mary Elizabeth McClelland v Dumfries & Galloway Council

Sheriff Ross

Dumfries Sheriff Court

9th July 2007  

 

This is one of the first cases in Scotland to consider the relationship between a claim for occupational stress and the Protection From Harassment Act 1997.  It highlights some important distinctions between the provisions in Scotland and those in England.

 

The pursuer sought damages at common law and under the 1997 Act for the alleged conduct of one of her fellow employees.  The defenders were assoilzied and the sheriff made the following observations in relation to the 1997 Act and the decision of the House of Lords in Majrowski v St. Guy’s and St. Thomas’s NHS Trust [2007] 1 AC 224:

 

“[44]…The scheme of the 1997 Act differs for Scotland and England.  In England harassment is a criminal offence.  In Scotland it is not but the legislation (section 8(5)) allows a person to obtain an order to restrain behaviour which amounts to harassment, either in civil proceedings or in criminal proceedings following a conviction of an offence involving harassment…Of course, Scots law has as a tool to deal with such behaviour the flexible and wide ranging offence of breach of the peace.  Conduct likely to cause alarm or distress can “sustain criminal liability” in terms of that offence.  It is not clear from what Lord Nicholls said [in Majrowski] whether he had in mind by “sustain” the nature of the conduct itself or he proof of that conduct…So in a civil claim brought in terms of section 8(2), it may be best simply to apply the words of section 8(1) but inform any consideration of them with how the courts have approached the issue of causing a person alarm or distress in the context of a charge of breach of the peace”

 

 

Although the decision has not been reported, copies of the judgement can be obtained through Compass Chambers from Irene Mackenzie.

 

The defenders were represented by Robert Milligan of Compass Chambers (instructed by Simpson & Marwick, Edinburgh).

 

06/07/2007 - The Royal Pharmaceutical Society of Great Britain

THE ROYAL PHARMACEUTICAL SOCIETY OF GREAT BRITAIN STATUTORY COMMITTEE CHAIRMAN: LORD FRASER OF CARMYLLIE QC

RE: SHEILA COVENTRY

http://news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/6768873.stm

Mrs Coventry had been registered with The Royal Pharmaceutical Society for approximately 20 years when she was referred to the Statutory Committee of the RPS to face an Inquiry into the circumstances of her conviction at Edinburgh Sheriff Court in respect of an allegation of assault to injury for which she had been sentenced to 120 hours’ community service in December 2005.It was alleged on behalf of the Society that the circumstances of the offence disclosed behaviour which was likely to have brought the profession into disrepute or undermined the public confidence in the profession to a degree which rendered Mrs Coventry unfit to remain on the Register of Pharmaceutical Chemists.

Following an Inquiry before the Statutory Committee on 21 and 22 May 2007 the Statutory Committee concluded that,

“ We have to determine whether the conviction indicates such reprehensible conduct on the part of a pharmacist that her registration should be removed. In the particular circumstances of Mrs Coventry’s case, we draw back from making that direction for her removal….The public interest is, in our opinion, best served by having high quality pharmacists who are skilled, helpful and courteous to the public.  That appears to us to be the more appropriate test of securing public confidence in the profession.  Of course, there are convictions of such gravity that no right-thinking member of the community could retain confidence in a profession which turned a blind eye on such criminal misconduct. We have not done that in the past and we shall not do so in the future”.

The Statutory Committee accepted submissions made on behalf of Mrs Coventry that she was an exceptionally able and caring pharmacist, that the offence of which she had been convicted was, on any view, wholly out of character, and that there was no risk of repetition of the conduct which had led to her conviction. In those circumstances, the Statutory Committee restricted the penalty imposed to a reprimand and made no order that Mrs Coventry be removed from the Register.

Mrs Coventry was represented by Peter Gray QC. 

02/07/2007 - Provision and Use of Work Equipment Regulations to be considered by the House of Lords

The recent decision of the Inner House on the application of PUWER, Spencer-Franks v Kellogg Brown & Root (see http://www.scotcourts.gov.uk/opinions/2007CSIH23.html) has been appealed by the pursuer to the House of Lords. The Second Division ruled, following the English Court of Appeal’s decision in Hammond v Commissioner of Police for the Metropolis ([2004] ICR 1467, that the PUWER regulations do not apply to an item which is being repaired. Leave to appeal had been refused by both the Court of Appeal and the House of Lords in Hammond but, of course, no leave is required for Mr Spencer-Franks as a Scottish litigant. Accordingly, the scope of PUWER is to be considered by the Lords in due course.

Roddy Dunlop of Compass Chambers is counsel for the defenders and respondents.

02/07/2007 - Professional Discipline: Donald Findlay QC cleared of misconduct.

Donald Findlay QC has been cleared of professional misconduct following a hearing before the Faculty of Advocates Discipline Tribunal, chaired by Lord Coulsfield: see http://thescotsman.scotsman.com/index.cfm?id=1034002007. Findlay was the subject of a complaint by two members of the public following a newspaper report narrating jokes that he had told at a sportsman’s dinner. The Tribunal rejected the complaints, holding that "It is clear that the two particular jokes complained of do not amount to conduct which either did or would reasonably be expected to give rise to offence to a significant proportion of the community."Roddy Dunlop of Compass Chambers was junior counsel to Mr Findlay.

14/06/2007 - McNamara & Frost v Levy & McRae [5th June 2007]

The pursuers raised an action of professional negligence against their former solicitors for a sum just under 5.5 million. The action was originally raised in the sheriff court. Throughout the substantive procedure in that forum, the defenders instructed Senior Counsel to appear. The action was subsequently remitted to the Court of Session. At that time no sanction for the employment of counsel had been granted by the sheriff. The action was eventually dismissed. The defenders enrolled a motion for sanction. The late Lord Dawson deemed this unnecessary and made no order. Accounts were prepared and at taxation, the Auditor of Court refused to allow Senior Counsel's charges in respect of the sheriff court procedure as sanction had not been granted. A note of objection was taken on the basis that the rules of court provide that, on remit, an action which emanated from the sheriff court was to "proceed as if it had been an action in the court initiated by a summons." As such, the action was to be treated as if it had always been in the Court of Session. Accordingly, sanction was unnecessary. Lord MacPhail agreed with this interpretation and approach. In the event that that submission had been rejected, a fresh motion for the sanction for Senior Counsel was made. Lord MacPhail accepted that the exceptional circumstances of the case made such a motion (after taxation) competent. Furthermore, these circumstances would have justified his granting such a motion had it been necessary to do so.

12/06/2007 - Judicial review: No early release for “denier”

David Laidlaw v Parole Board for Scotland

A petition for judicial review was brought by a convicted rapist against the Parole Board for Scotland: see http://www.scotcourts.gov.uk/opinions/2007CSOH98.html . The petitioner had consistently denied his guilt. He was refused early release on Parole, and sought Judicial Review, claiming that the reasons given by the Parole Board were insufficient. He contended that the Parole Board had focused only on his denial of guilt. Lord McEwan disagreed, holding that the Board’s reasons were intelligible and adequate. It was entirely appropriate to take into account the denial of guilt, and that was not the only reason for refusing early release. Having regard to questions of risk and the paramount need to protect the public, the decision of the Board was not amenable to challenge.

Roddy Dunlop of Compass Chambers was junior counsel to the Board.

06/06/2007 - Hughes v Grampian [First Division, 18th May 2007]

This recent Inner House case provides an authoritative decision on two main issues.

The first is upon the interpretation of the Manual Handling Regulations. The court made it clear that in considering what a "load" is, a common sense approach had to be taken to it. The load had to be material to be relevant. An operation is not a "load" under the regulations, simply by the fact that something is moved or transported. This important decision means that claims under the regulations are more difficult for pursuers to succeed in.

The second important point about the case is that it permitted the use of video evidence on appeal, but doubted whether this was a proper way of conducting an appeal against a factual judgment.

It is unclear whether an appeal will be marked to the House of Lords by the pursuer's solicitors.

http://www.scotcourts.gov.uk/opinions/2007CSIH32.html

12/10/111 - Compass Chambers Annual Conference 2011

Compass Chambers is delighted to invite you to attend its 4th Annual Conference.

 

The conference will take place on Friday 18th November at the Balmoral Hotel, Edinburgh, from 1pm – 5:30pm and is free to attend.The conference is open to all solicitors, in-house lawyers, trainees and paralegals. Under the Law Society of Scotland’s guidelines, delegates will be accredited with 3 hours of CPD time.

 

This year the program will include a review of recent developments in the fields of reparation, regulatory prosecutions and professional negligence. A range of seminars will be led by Compass Chambers’ experts in each field.

 

As in previous years, delegates are given the opportunity to select 3 seminar topics from a choice of 6 and these will be heard in breakout sessions throughout the afternoon. The topics and speakers are as follows –

 

Update on Causation – Ian Mackay QC and David McNaughtan

 

Damages in Fatal Claims – Robert Milligan QC and Gavin Thornley

 

Settling Claims using Periodic Payment Orders – Kay Springham and Jillian Martin Brown

 

Materiality of Risk, Foreseeability of Risk: A Review of the Reasonable Practicability Defence in Health and Safety Prosecutions in light of recent judgements – Peter Gray QC​

 

Procedural Developments and Sentencing Trends in Health & Safety – Jamie Gilchrist QC and Barry Smith

 

Professional Negligence – Geoff Clarke QC and Louis Moll                                        

 

The event will continue with a drinks reception from 5:30pm, to which all attendees of the Conference are invited.

 

BOOK NOW TO AVOID DISAPPOINTMENT

 

If you would like to reserve a place at the Conference, please contactKiera Johnston at kiera.johnston@compasschambers.com providing your name, firm and the 3 seminars you would like to attend on the day.

 

Please note that places will be allocated on a first come, first served basis.

 

We look forward to welcoming you to the Compass Chambers Annual Conference 2011.