Robert G Milligan
GENERAL INFORMATION:
B.A. (Jurisprudence) (Oxford) (1989)
Ll.B (Edinburgh) (1991)
Dip. L.P. (1992)
PRACTICE:
Robert trained with Simpson and Marwick in Edinburgh and since coming to the Bar acts for pursuers and defenders equally and is instructed regularly by most leading firms in Scotland. His specialist areas of practice include:
- Reparation, particularly Personal Injuries
- Professional and Medical Negligence
- Fatal Accident Inquiries
- Criminal Injuries Compensation Claims
Robert has a particular interest in occupational stress claims and catastrophic injuries. He speaks and writes regularly on personal injury related matters, particularly in relation to damages. He is also involved in the Faculty of Advocates' training course for the Devils. Robert appears regularly in the Sheriff courts as well as the Court of Session.
SELECTED CASES:
Reparation
- Stark v Ford (No.2) 1996 SLT 1329 (Reclaiming motion following proof or jury trial debate).
- Keppie v Marshall Food Group 1997 SLT 305 (Summary decree)
- Cowan v Toffollo Jackson 1998 SLT 1000 - timebar
- Foskett v McClymont 1998 SC 96 - Animals (Scotland) Act 1987
- Alexandra Hotel v Scottish Hydro 1998 SLT 668 - Electricity Supply Regulations
- McKnight v Clydeside Buses Ltd 1999 SLT 1167 - Duties of local authorities
- Callaghan v Southern General Hospital NHS Trust 2000 SLT 1058 - Manual handling
- Sandison v Begg 2001 SC 821 - human rights and jury trials
- Ellison v Inspirations East 2003 SLT (N) 291 in the Outer House; unreported in the Inner House 12th December 2003 - Package Tour & Package Holiday Regulations
- Gillies v Lynch 2002 SLT 1420 and 2005 Rep LR 9 - loss of society and psychiatric injury
- Hawkes v Wynn 2002 SLT 1227 - back injury
- Taylor v City of Glasgow Council 2002 SC 364 - manual handling
- Green v Argyll & Bute Council Lord Bonomy 28th February 2002 - 4 week occupational stress proof
- Mackie v AB 2000 and another 2004 SC 334 - timebar in fatal claim
- McFarlane v Scottish Borders Council 2005 SLT 359 - Workplace Regulations
- Campbell v East Renfrewshire Council 2004 Rep LR 89 - Workplace Regulations
- Watt v Bridges 2004 Rep LR (P) 96 - loss of chance
- Petrie and ors v Milk Marketing Board 2005 SCLR 841 - expenses
- Vetco Gray v Slessor 2006 SC 398 - jury trials and third parties
- Graham v Richard Lawson Autologistics [2006] CSOH 89 - duty to mitigate loss
- King v Neilson [2006] CSOH - duty of care and children
- Taylor v Sands [2006] CSOH 186 - interim damages and residential accommodation
Commercial
- Harrison v West of Scotland Kart Club 2001 SC 367 (OH); 2004 SC 615 (IH) - liability of unincorporated association to its members
PUBLICATIONS:
- Editor of the Delict Section of the Scottish Human Rights Practice Looseleaf
- Approaching Future Wage Loss 1995 SLT (News) 173
- Multipliers for Future Wage Loss 1998 SLT (News) 291
- Admissibility of Video Evidence Civil Practice Bulletin Issue 58
- Damages Update Greens Reparation Bulletin (March 2000 - January 2001)
- Scotland: a Better Place to Die [2005] Journal of Personal Injury Law 260
Robert is a regular contributor to Greens Reparation Bulletin on personal injury issues such as fatal claims, catastrophic claims and jury awards, services claims, the Discount Rate, damages for breaches of the European Convention on Human Rights, appealing against CRU Certificates, provisional damages, civil juries and the European Convention on Human Rights, interim damages, Statements of Valuation of Claim, Occupational Stress Claims and Employment Tribunals, Mitigation of Loss and the Penniless Pursuer, Future Care Costs, Pleural Plaques, Residential Accommodation costs, PHI Payments, applications for Compensation for Miscarriages of Justice, and the Compensation Act 2006.
LECTURES AND SEMINARS:
Robert has spoken at numerous seminars and conferences, including:
- Schuman Seminar on Personal Injury, 2000
- CLT Personal Injury Conference - 2000, 2001, 2003 and 2006
- Faculty of Advocates Conference on Human Rights, September 2000
- Scottish Young Lawyers Association Civil Law Day Conference, October 2000
- Ledingham Chalmers Reparation Conference, November 2000
- Industrial Disease Conference, October 2003
- APIL Personal Injury Update Conference September 2004
- Australian Bar Association Conference, Dublin, July 2005
- LSA Seminar on Quantification of Damages, August 2005
- Law Society of Scotland Personal Injury Conference, September 2005
- APIL Advanced Asbestos Course in London, February 2006
- Asbestos and the Law Conference in Liverpool, June 2006
PROFESSIONAL MEMBERSHIPS:
- Member of the Personal Injuries User Group, chaired by Lady Paton
- Member of the Faculty of Advocates Fees and Legal Aid Committee (January 2002 to date)
- Member of the Faculty of Advocates Direct Access Committee
- Former Secretary and current member of the Advocates Personal Injury Law Group
- Member of the Advisory Group to the Scottish Law Commission in relation to Prescription and Limitation in Personal Injury Actions