Sim v Strathclyde Fire Brigade (2009).
Michael Jones QC and Graeme Watson successfully defended
Strathclyde Fire Brigade in this road traffic claim raised by the
badly injured pillion passenger of a motorcycle which collided with
a fire engine. This defence employed detailed road traffic
analysis, accident reconstructions, toxicology and DNA evidence to
establish that the driver of the motorcycle, the claimant's father,
was both speeding and drink driving. The case against our clients
failed entirely.
Russell v Transocean (2010). Michael
Jones QC and Sandy Kemp acted for employers in appeals at the Court
of Session of cases brought by several hundred offshore workers
under the Working Time Regulations 1998. These Regulations gave
employees an entitlement to four weeks paid annual leave. The case
of the offshore workers was that all this leave had to be taken
from time that they would otherwise be at work, as opposed to
within the terms of their existing rota arrangements, normally two
weeks offshore followed by two weeks on leave onshore - their
employers' position. The Court accepted the employers' arguments.
It held that the existing work rotas were lawful, complied fully
with the Regulations and dismissed the appeals. An appeal has now
been made to the Supreme Court.
Russell and others v Transocean International
Resources Limited and others (2011). Having appeared
successfully with Michael Jones QC at the Inner House, Sandy also
appeared as Junior Counsel led by John Cavanagh QC of the English
bar at the Supreme Court, where the court accepted the arguments
put forward for the Respondents and dismissed the appeal. The court
did not refer the case to the European Court, thus concluding this
issue successfully for the clients.
Bavaird v Sir Robert McAlpine & Others
The pursuers alleged that the defenders were liable
for the death of the deceased from mesothelioma. They alleged that
he had been exposed to asbestos dust while employed by the
now-defunct East Kilbride Development Corporation. They alleged
that the liabilities of EKDC had transferred to South Lanarkshire
Council. Graeme Watson juniored to Alan McLean QC and ran the
argument that at the date of transfer of liabilities, the deceased
had not yet suffered any injury and so there was no liability to
transfer. Lord Brailsford agreed and the case against the council
was dismissed.
McDowell v Allied Surveyors
The pursuers bought a house after obtaining a mortgage valuation
report from the defender. They alleged that the report failed to
record serious defects to the roof, walls and floors. They alleged
that the house had been significantly over-valued. After proof, the
court held that the defender had not been negligent - the report
properly reported the state of the property at the time. the court
also held that the pursuers failed to prove that they had suffered
any loss. Graeme Watson appeared for the defenders.
Fatal Accident Inquiry - Georgia Rowe and Niamh
Lafferty
Lynne represented the interests of Argyll and Bute
Council in what is arguably the most well publicised Fatal Accident
Inquiry in Scotland in recent times. The girls fell to their deaths
from the Erskine Bridge on 4 October 2009, and were widely presumed
to have committed suicide together. Media interest stemmed from the
fact the girls were in care at the time, looked after and
accommodated by Argyll and Bute Council, and resident at the Good
Shepherd Centre in Bishopton, an independently run care home. Eight
interested parties were represented during the Inquiry which heard
evidence from witnesses over 65 days. The Inquiry found that the
deaths could have been avoided if the numbers of staff on duty at
the Good Shepherd Centre had been at least four, as provided for in
the relevant statutory guidance, and, had the girls been
accommodated on the first floor of the Centre, rather than a self
contained flat on the ground floor, opposite an unalarmed fire
door.
McDougall v Emtec Building Services Ltd &
Another [2012] CSOH 90 was a case involving an alleged
accident at work leading to long term neck problems. The
defenders were successful after the judge held that the pursuer had
failed to establish that his accident occurred as alleged and that,
even if his neck symptoms had started at work, their onset was
spontaneous and coincidental. Duncan Batchelor appeared for
the defenders.
John Welsh v (1) Cape Industrial Services Limited &
(2) Brian Bendel
David Hughes was instructed in this case in the Employment Appeal
Tribunal by the successful appellant, John Welsh. The case involved
a claim for discrimination brought by Mr. Bendel against his former
employer, Cape. At a procedural hearing Cape sought to sist Mr.
Welsh as a second Respondent on the grounds that he could be held
personally liable under s.110 of the Equality Act 2010 for the acts
of discrimination complained of. The Employment Tribunal agreed and
proceedings were served on Mr. Welsh. David successfully argued at
the EAT that the Tribunal's order to sist Mr. Welsh as second
respondent was incompetent, on the ground that no claim had been
advanced against him directly by the Claimant.
