David McNaughtan

Year of Call 2003        

"He is extremely hard-working and really feels the pulse of his cases. He is very friendly and empathic to his clients but is not afraid to be straight with them when required" - Chambers UK 2017

‘He is extremely thorough and has a balanced approach to problematic cases.’ - Legal 500 UK 2019

David is experienced in a wide range of civil litigation. Prior to coming to the Bar, he was a solicitor for 8 years. He also worked as a barrister and prosecutor in the High Court of Fiji.

David specialises in reparation cases in both the Court of Session and Sheriff Courts. In his personal injury practice, he deals with cases involving all aspects of personal injury law, including employers' liability, occupiers' liability, road traffic accidents, industrial disease, and product liability.

In the professional negligence field, David is instructed regularly in clinical negligence cases.  He has also acted in solicitors’ negligence claims.

Billy McGhee v Diageo plc [2008] CSOH 74
Proof on contributory negligence and quantum.  Serious ankle injury and psychiatric injury.  Pursuer seeking future wage loss on basis of 6th edition of Ogden Tables. NB: first case to seek to argue new approach to calculation of future wage loss at proof in Court of Session following introduction of 6th edition Ogden Tables.

Rodney McLellan v Dundee City Council [2009] CSOH 9
Proof on liability, contributory negligence and causation.  Finger amputated in lawnmower at work.  Alleged breaches of Provision and Use of Work Equipment Regulations 1998 and Management of Health and Safety at Work Regulations 1999.

Smith v Sabre Insurance Co. Ltd. [2012] CSOH 14
Defenders’ plea of res judicata in respect of credit hire charges claimed on behalf of pursuer/Accident Exchange Limited.  Previous action for personal injuries had been raised in Stirling Sheriff Court in respect of the same road traffic accident.  It was settled on tender and acceptance in sum of £4550.  Pursuer then raised further action in Court of Session for around £30,000 of credit hire charges.  Lord Bannatyne upholding plea of res judicata.

Vaickuviene v J. Sainsbury plc[2012] CSOH 69
Fatal claim.  Deceased was employed by defenders.  He was murdered at work by a fellow employee, following a number of incidents of racist abuse.  Case pled under Protection from Harassment Act 1997.  Defenders argued that they could not be vicariously liable for the criminal act of their employee.  Lady Clark of Calton allowing the case to proceed to proof before answer.

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