Richard Pugh

Year of Call 2008        

"An excellent advocate, one who knows his medicine inside out." - Chambers UK, 2017

"produces impressive results and has a forward-thinking, innovative approach." - Chambers UK, 2013

Richard has a varied civil practice. His main areas of practice are clinical negligence, personal injury and fatal accident inquiries. In addition, Richard is insructed in a number of commercial causes, particularly those with an insurance focus. He also acts in a number of defamation actions, particularly those arising out of the use of social media.

In 2015, Richard was appointed as one of the Standing Junior Counsel to the Advocate General for Scotland. In that role he advises and represents a number of UK government departments and governmental bodies accross the range of their functions. 

Richard sits as a chair of Conduct in Sport Panels for Scottish Gymnastics. 

Campbell v Peter Gordon Joiners 2014 SLT 178 (Outer House), 2015 SC 453 (Inner House) and 2017 SC (UKSC) 13 (Supreme Court) – Debate and subsequent appeals to Inner House and Supreme Court concerning whether company directors are liable in situations where employers' liability insurance is not in place. In particular, the case addressed an apparent divergence between the law in Scotland and in England and Wales about whether the Employers' Liability (Compulsory Insurance) Act 1969 imposes civil liability. Acted for ultimately successful defender.

D Geddes Contractors v Neil Johnson Health and Safety [2017] PNLR 21 – Professional negligence action. Debate concerning the recovery of a fine and the principle of ex turpi causa. Acted for successful pursuer. 

Cumming v Tayside Health Board 2017 S.C.L.R. 176 – Resisting application for disclosure of documentation, including statements of witnesses, behind a Significant Adverse Event Review carried out by an NHS board. Discussion of principles of litigation privilege and the policy behind adverse event reviews.  

JD v Lothian Health Board [2017] CSIH 27 – Appeal concerning relevancy of pursuer’s pleadings in an action for clinical negligence. Discussion of the role of Ch 42A of the Rules of the Court of Session. Acted for successful defender.

Docherty v ICI 2015 SLT 858 and 2017 SLT 671 – Debate and subsequent hearing on amendment concerning damages for fatal asbestos exposure where the defender’s liability arose due to exposure in England. Questions of international private law. Acted for successful defender. 

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