Graeme Middleton

Year of Call 2003        

Since calling to the Bar, after a number of years in private practice, Graeme has developed a busy general reparation practice, acting for both Pursuers and Defenders - especially in a range of industrial accident and disease claims.

His principle fields of practice include Personal Injury, Medical Negligence, Insurance Litigation and Commercial and Contract Litigation.

Graeme also acts in health and safety and road traffic criminal prosecutions and is currently instructed in somewhat unusual claims for damages against the owners of a tug boat that capsized with the loss of three lives, giving rise to personal injuries claims and the possibility of a criminal prosecution and/or fatal accident inquiry.

Martin Brand v Transocean North Sea Ltd 2011 GWD 14-336 - successfully arguing for a lump sum "loss of employability" award instead of an Ogden "multiplier x multiplicand" award for future wage loss, the Pursuer having been injured offshore, but retained by the same employer in an onshore position with at least comparable, but probably better, earnings and promotion prospects.

Heather Hodgkinson v Renfrewshire Council [2011] CSOH 142 - successfully defending, after Proof, a claim brought under the Provision and Use of Work Equipment Regulations 1998 and the Workplace (Health, Safety and Welfare) Regulations 1992 by a local authority gardener, regarding the "suitability" of a park gate which struck her face when she opened it. The Pursuer failed to prove that the construction of the gate gave rise to more than a mere possibility of injury if opened carelessly.

Peter Brown v First Glasgow Ltd [2012] CSOH 192; 2013 GWD 2-83 - successfully pursuing the common law claim of a driver of a parked and stationary van, when a bus driver, who had negligently executed his manoeuvre away from a bus stop, crossed the centre line of the road and collided with the Pursuer’s van door. The case involved the detailed examination and cross of road traffic experts for both Parties.

John Cowan v The Hopetoun House Preservation Trust [2013] CSOH 9; 2013 GWD 4-125 - successfully pursuing the claim of a visitor to a stately home, who was taking part in a night-time guided walk through the grounds, looking for bats and who fell over an unmarked, man-made aesthetic feature of the grounds - known as a “Ha Ha” - having been given insufficient instructions and directions by the Defenders’ Ranger for returning safely to the car park in the dark. The claim was made under the Occupiers’ Liability (Scotland) Act 1960.

Douglas Dickson v Stuart Kinsman & Centrica plc [2013] CSOH 111 - acting for a cyclist who had to carry out an emergency stop on the approach to a junction with a minor road, when it appeared to him that a works van driver had not seen him and was not going to stop at the give way lines. The Pursuer was successful because the manner in which the van was being driven reasonably caused him to believe that there would be a collision if he did not brake sharply. He was himself exculpated by operation of the "agony rule".

Catriona Peat & Anor v Assembly Theatre Ltd [2014] CSOH 144 - successfully persuading the Court to exercise its equitable discetion to allow a time-barred action to proceed. An elderly accident victim instructed Agents in connection with her claim. Proceedings were initially raised within the 3-year time limit but, unknown to the Agents, the lady had died between giving instructions and the raising of proceedings. The action was, therefore, fundamentally incompetent. The death became known prior to the expiry of 3 years but, erroneously thinking that Executors could be sisted into the original actio, once confirmed, a further action was not raised until shortly after the time bar period and a limitiation plea was taken. The Court took the view that the Defenders, who had investigated the claim, were not prejudiced beyond the loss of their statutoy defence and, holding that the Pursuers' prospects of success (as Executors) in a negligence claim against the Agents were not good or reasonable, allowed the claim to proceed.

HMA v Abernethy Trust & Ors - not guilty plea accepted on behalf of outdoor activities instructor involved in a gorge-jumping activity in Dumfriesshire, when a 15-year old girl was killed.

HMA v Faulds - the successful defence of a bus driver, charged with causing death by careless driving, who was blinded by low sunlight when colliding with and killing a pedestrian on the road.

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