Carla Fraser

Year of Call 2020

Carla’s practice focusses on reparation, public and administrative law, health and safety, and professional discipline and regulation

Reparation

She regularly acts on behalf of public bodies, insurers and pursuers in all kinds of complex, high value reparation actions relating to public and employer liability, property damage, industrial disease, fatal accidents, sexual abuse, road traffic and medical negligence.

Health and Safety and Inquiries

She has a keen interest in Inquiries and is currently instructed to represent Core Participants in the Sheku Bayoh Public Inquiry. She has experience in conducting high profile FAIs and health and safety prosecutions. She gained experience of criminal law having served as a Procurator Fiscal Depute and defended clients in criminal trials.

Professional Regulation

Carla has an interest in professional regulation and has represented individuals in professional misconduct proceedings, most recently before the Police Appeals Tribunal. She was previously a member of the Scottish Solicitors Discipline Tribunal and a Legal Adviser to the Scottish Social Services Council.

Public and Administrative Law

She has experience of judicial review and statutory appeals.
She has particular expertise in matters relating to policing including:
Sexual Harm Prevention Orders, Firearms Licensing, Public Protection, Police Officer Misconduct, the Police Appeals Tribunal, civil actions (wrongful arrest and assault), deaths in custody, Judicial Review and Data Protection.

Appointments

2021 – Appointed as a Standing Junior to the Advocate General in 2021.
2023– Tutor in Evidence, delict and criminal Law at the University of Edinburgh.
2024 - Appointed as Legal Member of the Scottish Social Security Tribunal.
2024 – Appointed to the Equalities and Human Rights Commission panel of Scottish Counsel

Representative Cases

The Sheku Bayoh Inquiry (ongoing)
Junior counsel for certain core participants in this public inquiry.

KB v West Lothian Council (2021)
Junior counsel for the pursuer in this ongoing personal injuries case (one week proof completed and decision awaited).

JT v West Lothian Council (2021)
Junior counsel for the defender in this ongoing personal injuries case (three week proof completed and decision awaited).

HMA v Chief Constable, Police Service of Scotland (2021)
Instructed as junior counsel for the Chief Constable in this health & safety prosecution.

Vanags v Travel Republic Ltd (2020)
Counsel for the defender in this personal injuries action involving a debate regarding the application of the package holiday regulations.

Thomas O’Leary for Judicial Review - [2020] CSOH 81
Instructed for the second respondents who were convened by amendment on an expedited timetable. The petitioner alleged breaches of statutory duty and of articles 5 and 14 ECHR. Successfully argued that the petitioner’s case against the second respondents was irrelevant.

Chief Constable v AR, Alloa Sheriff Court (2017)
As Solicitor Advocate, represented the Chief Constable at debate in this application for a Risk of Sexual Harm Order. Successfully resisted an argument that the application breached the respondent’s rights under article 6(2) of the ECHR as the case was based on events for which the accused had been prosecuted and acquitted.

Contact Us

  • Compass Chambers
    Parliament House
    Edinburgh
    EH1 1RF