Faculty of Advicates Arbitration

Details of Professional Practice

Personal injury practice: all aspects of personal injury law, including employers’ liability, occupiers’ liability, road traffic accidents, industrial disease, product liability etc.  Professional negligence work: clinical negligence, including birth trauma, cauda equina syndrome, GP negligence, drug trials etc. 

Recent representative cases:

Tessa Till v Tayside Public Transport Ltd. [2017] CSOH 6
Mr. Elbuzedi was knocked down by a bus in Dundee in March 2012.  He suffered from brain injuries as a result.  He had restricted vision at the time of the accident.  The case proceeded to proof on primary liability and contributory negligence.  Reviewing all recent case law on contributory negligence and pedestrians e.g. Jackson v Murray 2015 SC (UKSC) 105.

Wilson v North Star Shipping (Aberdeen) Limited [2014] CSOH 156
Representing pursuer who was injured in the course of his duties on an Emergency Response and Rescue Vessel in the North Sea.  The pursuer suffered chest injuries and PTSD.  Case proceeded to proof on liability, contributory negligence and causation.  Making submissions on the application the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997.  Addressing the court on the proper approach to future wage loss in the circumstances of the case.

Vaickuviene v J Sainsbury plc 2014 SC 147
Hearing of defenders’ appeal.  Discussion of whether pursuers’ pleadings made sufficient averments of a 'close connection' between the actions of the convicted murderer and his duties as an employee.  Detailed discussion of recent Supreme Court decision in Various Claimants v Catholic Child Welfare Society [2012] 3WLR 1319.

Smith v Sabre Insurance Co. Ltd. 2013 SC 569
Representing defenders in pursuer’s reclaiming motion against decree of absolvitor.  Inner House considering questions of (i) res judicata; and (ii) the nature and extent of the “one action rule” in Scotland.  Inner House agreed with approach of Lord Ordinary and refused pursuer’s reclaiming motion.


Qualifications

LL.B (Hons) University of Aberdeen

Dip. L.P. University of Glasgow

Barrister & Solicitor in the High Court of Fiji

Special Interests

Personal Injury

Professional liability and regulation

Professional Memberships

The Faculty of Advocates
MCIArb, Chartered Institute of Arbitrators
Barrister & Solicitor in the High Court of Fiji

Publications

The Imponderables Strike Back! 2008 (84) Greens Reparation Bulletin 1

When is a Liability not a Liability?, 2003 SLT (News) 113

Languages

Basic French

Basic Spanish