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1 Isla Davie Year Of Call: 2004 Telephone: Summary Isla Davie' s practice covers a range of medical negligence, professional negligence, commercial law, property and personal injury disputes. She is regularly instructed on behalf of insurers, public bodies, professional bodies and individuals. She is regularly asked to speak on medical negligence and property law. Experience Isla Davie studied law at Edinburgh and Paris-Sud. She joined the Bar after seven years experience as a solicitor with McGrigors and Davidson Chalmers LLP. She practices in civil law, being regularly instructed in interdicts, debates, proofs and Fatal Accident Inquiries. She was recently succesful in a civil jury trial acting as principal counsel for the defender. Isla appears mainly in the Court of Session Commercial Court, Outer House and Inner House but also the Sheriff Courts. Isla also appears in the Land Court and Tribunal Tribunal. Education LLB; DipLP: Edinburgh University to 1994 Diplome de droit francais: Universite de Paris Sud /92 Professional Qualifations LLB; DipLP; Diplome de droit francais
2 Appointments Current Faculty Representative on Legal Services Group for Citizens Advice Scotland Committee member of the Faculty of Advocates Free Legal Services Unit Assisting with organisation of Eurodevils programme Previously Law Society Forum for School Leavers representing Faculty of Advocates Member of Faculty Committee for Response to Scottish Law Commission Proposals on Interest on Damages Pathways to Professions Roadshow representing Faculty of Advocates Judicial Studies Course, assisting in training course for Senators and Sheriffs organised by the Judicial Studies Committee. Publications Romalpa clauses the next step, JLSS, 1991, 36(10), Lectures Commercial Property Case Update, DLA, October 2014 Commercial Property Conference, Solicitors Group, May 2014 Medico-legal Expert Writing Workshop, Professional Solutions, February 2014 Advocacy Skills Course, Ampersand, September 2013 Causation, Clinical Negligence Conference, Ampersand, June 2013 Commercial Law Conference, Ampersand, March 2013 Previously taught Civil Court Practice paralegal course at SLAB Whilst Isla is succesful in negotiating a settlement in the majority of her cases only reported cases have been noted here. Administrative and Public Law Local Government Law Fiona Brown v East Lot hian Council 2013 SLT 721 Acting for defenders debating applicability of Workplace Regulations to selfemployed person hiring premises Mental Health Law Opposit ion t o Applicat ion for Welfare Guardianship Order of Iain Provan under Adult s wit h Incapacit y (Scot land) Act 2000 Acting on behalf of Greater Glasgow Health Board
3 George Allende v Ment al Healt h T ribunal for Scot land Acting on behalf of health board in appeal Administrative Law (including judicial review) Reference by Scot t ish Minist ers Applicat ion of Pairc T rust sect ion 81 Land Reform (Scot land) Act 2005 Junior representing Pairc Trust in first application to Land Court in crofting community right to buy case. Commercial Law Commercial Law Sane Invest ment s Limit ed v Ast ra Zeneca UK Lt d 2013 GWD Hearing regarding objections to joint expert report in context of dilapidations action Buchan v WJA & HA Beat on 2012 GWD 5 90 Successful proof to restore servitude of aquaduct, acting for pursuer Sout h Uist Est at es Limit ed and ors v Murdo Mackenzie Successfully arguing at proof that crofter s land formed part of common grazings immediately prior to apportionment Scot t v Muir 2012 SLT (Sh Ct ) 179 Irritancy, debate regarding validity of notices Morris v Eason 2012 GWD General practitioner leases, occupation and title to sue James Smit h v Opport unus Fishing Co Limit ed 2011 Rep LR 34 Successfully representing pursuer in damages action for head injury suffered on commercial vessel James Jarron v Robert St uart and anor LT S/T C/2010/18 Successfully seeking variation of title condition Beaghmor Propert y Limit ed v St at ion Propert ies Limit ed 2009 GWD Exclusive purchasing agreements, successfully arguing against limitation of loss to wasted costs Ross Campbell v Double Group Cont ract s Limit ed 2007 CSOH 10
4 Successfully arguing against late attempt to object to auditor s report Alt radius Credit Insurance NV v Whyt e and Mackay Lt d 2005 CSOH 23 Junior in commercial insurance action. CGIS (West ergat e) Limit ed v Brit ish T elecommunicat ions plc Acting for defenders in significant dilapidations claim in respect of Westergate Chambers in Glasgow Reparation Law (including Professional Liability) Medical/Clinical Negligence Law James Kelly and ors v Ayrshire and Arran NHS Board, Kilmarnock Sheriff Court, decision of Sheriff Foran dat ed 28t h April 2015 Acting for defenders successfully having clinical case dismissed at debate and resisting appeal by pursuer. Donald v Ayrshire & Arran Healt h Board and anot her 2013 GWD Junior counsel acting for GPs in medical negligence case Miller v Great er Glasgow Healt h Board 2008 SLT 567; 2011 SLT 131 Acting as junior counsel for the defenders in the first defended case involving acquisition of MRSA in a hospital, pursuer ultimately abandoned case Arlene Bowie v Argyll & Clyde Healt h Board 2007 CSOH 39 Acting for defenders in debate regarding mischance in medical negligence case. Pursuer subsequently abandoned. Personal Injury Law Margaret Ferguson v Iain Ferguson [2015] CSIH 63; Civil jury t rial 2014 Appeal following Civil jury trial in respect of dog bite and defences available under Animal (Scotland) Act Successfully appearing on behalf of defender as principal counsel. Fiona Brown v East Lot hian Council 2013 SLT 721 Acting for defenders debating applicability of Workplace Regulations to selfemployed person hiring premises Dawson v Page 2012 Rep LR 56; 2013 GWD Successfully defending personal injury claim under Occupiers Liability (Scotland) Act 1960 and maintaining decision on appeal
5 James Smit h v Opport unus Fishing Co Limit ed 2011 Rep LR 34 Successfully representing pursuer in damages action for head injury suffered on commercial vessel James McIlvaney v A Gordon & Co Lt d 2010 GWD Successfully arguing for modification of fees to nil given acceptable pre-litigation offer Eric Robinson v Midlot hian Council 2009 GWD Junior counsel successfully defending at proof one of the first industrial deafness cases brought by a teacher Pat ricia Welsh v Neil Brady 2009 SLT 747 Junior counsel for respondents in appeal regarding strict liability under Animals (Scotland) Act 1987 Professional Liability Health And Safety Law Other Specialisms Property Law And Conveyancing Sane Invest ment s Limit ed v Ast ra Zeneca UK Lt d 2013 GWD Hearing regarding objections to joint expert report in context of dilapidations action Buchan v WJA & HA Beat on 2012 GWD 5 90 Successful proof to restore servitude of aquaduct, acting for pursuer Sout h Uist Est at es Limit ed and ors v Murdo Mackenzie Successfully arguing at proof that crofter s land formed part of common grazings immediately prior to apportionment Scot t v Muir 2012 SLT (Sh Ct ) 179 Irritancy, debate regarding validity of notices Morris v Eason 2012 GWD General practitioner leases, occupation and title to sue James Jarron v Robert St uart and anor LT S/T C/2010/18 Successfully seeking variation of title condition
6 Beaghmor Propert y Limit ed v St at ion Propert ies Limit ed 2009 GWD Exclusive purchasing agreements, successfully arguing against limitation of loss to wasted costs Reference by Scot t ish Minist ers Applicat ion of Pairc T rust sect ion 81 Land Reform (Scot land) Act 2005 Junior representing Pairc Trust in first application to Land Court in crofting community right to buy case. CGIS (West ergat e) Limit ed v Brit ish T elecommunicat ions plc Acting for defenders in significant dilapidations claim in respect of Westergate Chambers in Glasgow Public inquiries & Fatal Accident Inquiries FAI of Elijah St irling Inquiry into the sudden death of Elijah Stirling Representing family in inquiry into the death of Elijah Stirling following rupture of his mother s uterus at birth Inquiry int o t he deat h of Brian Rano Inquiry into the death of Brian Rano, Sheriff Deutsch, Glasgow Sheriff Court May 2012 Inquiry int o t he deat hs of Winsborough and Anderson 2011 FAI 37 Inquiry sought into what were thought to be two of the first deaths in Scotland from swine flu Inquiry int o t he deat h of Rosemary T hompson Inquiry into the death of Rosemary Thompson, Selkirk Sheriff Court, 12 January 2010
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