Graeme Middleton KC

Year of Call 2003 Year of Silk 2021

"He's excellent at drafting, has great attention to detail and always takes a very measured approach." "A fantastic advocate. He has a first-class brain and is thoroughly organised." "He's professional, straightforward and unflappable under pressure." – Chambers UK 2020

‘"An excellent all-rounder who is comfortable dealing with a wide variety of cases."  – Legal 500 UK 2020

Graeme has a busy general reparation practice, acting for Pursuers and Defenders alike - especially in a broad range of industrial and road accident, disease and workplace stress claims. He is ranked in both the Legal 500 and Chambers UK.

Graeme’s principal fields of practice have historically included Personal Injury, Professional and Clinical Negligence and Insurance Litigation and he has a growing practice in marine/fishing boat accidents and consumer protection. He is Junior Counsel for the Pursuers in the first ever set of Group Proceedings in Scotland, concerning vehicle nitrogen oxide emissions. He also acts in health and safety and road traffic prosecutions.

Graeme is an Instructor on the Faculty of Advocates Foundation Course.

Representative Cases

Gillian Cameron & Ors v Volkswagen AG, Audi AG, SEAT SA, Skoda Auto SA & Ors [ongoing]
Acting for about 5,000 Pursuers in Group Proceedings who claim to have purchased or leased cars containing a so-called “defeat device” which is said to have enabled the cars to pass emissions tests, which emitting harmful nitrogen oxides during on road driving.

M & D’s (Leisure) Ltd v Craig Boswell & Ors [ongoing]
Pursuing claims for damages for property damage, business interruption and recovery of personal injuries damages paid as a result of the derailment of the “Tsunami” fairground ride.

A v XY Ltd [2021] CSOH 21

Acting on behalf of the Pursuer in the first reported Court of Session decision on the application of the Limitation (Child Abuse) (Scotland) Act 2017, where the Pursuer is said to have been raped by a school teahcer in the 1980's and where the Lord Ordinary allowed a Diet of Proof on the basis that the Pursuer's interest in proceeding with the action outweighed the Defenders' prejudice in having to defend the claim.

Olufemi Adekomaya v Heriot Watt Univeristy (Edinburgh Sh Ct, 15.1.20)
Achieving dismissal of a claim for damages by a dissatisfied university student under the Consumer Rights Act 2015.

AB v Inverurie Skip Hire Ltd [2019] CSOH 47
A complex motion concerning the award of expenses in the context of a historic Minute of Tender, accepted years after lodging after the production of damaging surveillance evidence.

Allen Woodhouse v Lochs & Glens (Transport) Limited [2019] CSOH 105
Successfully defending a multi-Pursuer road traffic coach crash case, where a bus operated by the Defenders overturned on a road in the Scottish Highlands, almost rolling into a loch and injuring many of the 52 passengers – the bus having been blown over by a freak and exceptionally powerful gust of wind. The case raised a number of complex issues and investigations, including road traffic, engineering, meteorological and topographical expertise.

Helen Watt v Thomas Mullen (Aberdeen Sh Ct, 8.6.18)
Successfully resisting the Defender’s motion for dismissal at Debate regarding the sufficiency of averments regarding the existence of an implied contract of agency, in the context of solicitor and client.

Mulsanne Insurance Ltd v McLuckie (Airdrie Sh Ct, 24.7.17)
Acting for the Pursuers to avoid a policy of motor insurance on the ground of deliberate misrepresentation on the part of the insured at inception and under the Consumer Insurance (Disclosure and Representations) Act 2012.

John Kerr & Ors v Inverlussa Shellfish Co Ltd – [2019]
Defending claims brought by the relatives of a fishing boat skipper, who was killed when a newly-installed crane collapsed and crushed him.

Ronald Richards & Ors v Pharmacia Ltd – [2017] CSOH 77
Acting for Pfizer Inc on behalf of the Defenders, to defend multiple personal injuries/product liability cases, where the ingestion of a pharmaceutical called Celebrex, which was taken as a non-steroidal anti-inflammatory, is said to have caused heart attacks and strokes.

Contact Us

  • Compass Chambers
    Parliament House
    EH1 1RF