Catherine Smith

Year of Call 2007

Catherine’s principal areas of work are reparation and public law. She specialises in personal injury, clinical negligence and judicial review cases.

In her reparation work, Catherine acts for pursuers and defenders. Other areas in which she has acquired experience whilst an advocate include commercial contracts and criminal trials and appeals. Catherine appears regularly in the Court of Session, including the Inner House.

She has been Standing Junior Counsel to the Advocate General since 2012, and on the Equality and Human Rights Commission Panel of Counsel since 2015. In 2017 she was appointed as an Ad Hoc Advocate Depute.

She is one of two advocate members of the Scottish Civil Justice Council.

Catherine is a founding member and the Deputy Chair of JUSTICE Scotland, the Scottish arm of the London based NGO working on human rights and the rule of law. She is Co-Founder and Chair of the John Smith Centre for Public Service based at the University of Glasgow.

Representative Cases

Simpson v Pret a Manger (Europe) Ltd: Proof heard February 2021, ASPIC

Decision awaited after a Proof conducted via Webex.

Hernandez v Secretary of State for the Home Department [2019] CSIH 21

Appeal to the Inner House. Unusual immigration matter concerning a US Citizen seeking leave to remain in the UK.

A v C [2019] GWD 5-60

Successful application to remit from Sheriff Court to Court of Session: acted for the defender and provided the opinion forming the basis of the argument to remit. Civil rape claim. Went on to argue a relevancy point about whether domestic abuse could form a course of conduct that could provide a link in time to the alleged rape.  

MA Pakistan v Secretary of State for the Home Department [2017] CSOH 109

Leading decision on the correct interpretation of the test for fresh claims in immigration cases, having raised and sought to argue this point in other cases to get a decision.

Fatal Accident Enquiry in to the death of Stuart Sandeman 2015 FAI 22

FAI into a death in police custody.

Z (China) v Secretary of State for the Home Department [2014] CSOH 111

Rare second hearing under old judicial review procedure: novel damages claim for breach of the ECHR as result of visa refusal from Hong Kong, also involving complex historic website evidence. 

Geraldine Allan v Amlin UK Ltd [2013] CSOH 156; 2013 G.W.D. 31-623

Leading Court of Session authority on the onus of proof in mitigation of loss in credit hire cases.

Ronald Hill v Norside Ltd [2013] CSIH 44

Appeal in a negligence case concerning apportionment of contributory negligence after a fall from a ladder.

Jeremy Milliken v AIB [2012] unreported

Commercial proof regarding the contractual entitlement of a banker to his bonus, commencing on the day RBS Chief Executive Stephen Hester turned down his £1 million bonus and concluding on the day Sir Fred Goodwin (as was) was stripped of his knighthood.

Contact Us

  • Compass Chambers
    Parliament House
    Edinburgh
    EH1 1RF