Qualifications

LL.B (hons) University of Edinburgh

LL.M with Distinction in Commercial Law, University of Edinburgh

Dip L.P., University of Edinburgh

Special interests

Company and commercial

Land Law

Professional liability and regulation

Public law, including judicial review and human rights

Biography

David is instructed in a wide range of civil cases, with a particular focus on disputes involving contract and property law, sometimes with an insolvency element.

He is also frequently instructed in professional negligence cases, both for pursuers and for defenders.

In addition, David has particular experience in regulatory law and judicial review. He has acted for registrants and regulators, for petitioners and respondents. He is a legal assessor for the Nursing and Midwifery Council and sits as a Legally Qualified Chair for the MPTS, the tribunal service dealing with fitness to practise of doctors in the United Kingdom.

David is the Senior Tutor for the Civil Court Practice course at Edinburgh University and he is the Faculty of Advocates’ assessor in practice and procedure. He is also one of Scotland’s three international cricket umpires. He has umpired 5 ODIs and 3 T20Is as well as major domestic matches.

Cases

McGleish v. Tough & Anor 2018 SLT (Sh Ct) 291, [2018] SAC (Civ) 19 (Sheriff Appeal Court, 31 July 2018) Insolvency; non-vested contingent interests; discharge from sequestration.

Cleghorn v. Duncan 2017 SLT 1189, [2017] CSOH 114 (Court of Session, Outer House, 31 August 2017) Civil Recovery Proceedings; Confiscation Orders.

Louise Witter, Petitioner 2017 SC (SAC) 21, [2016] SAC (Civ) 8 (Sheriff Appeal Court, 9 September 2016) Company Law; Derivative proceedings; Leave to bring proceedings; Expenses.

Fortune’s Trustee v. Medwin Investments Ltd; Fortune’s Trustee v. Cooper Watson Ltd 2016 SC 824, 2016 SLT 923, [2016] CSIH 49, 2016 GWD 22-405 (Court of Session, Inner House (Second Division), 1 July 2016). Insolvency; Sequestration; Debtor granting standard security over, and disponing, heritable properties; Whether voidable.

Wyman Gordon Ltd v. Proclad International Ltd 2011 SC 338, [2010] CSIH 99, 2011 GWD 2-84 (Court of Session, Inner House (Second Division), 21 December 2010). Contracts; Repudiation and rescission; Relevancy.