Expertise: "He's very thorough and goes into a lot of depth; his advocacy skills are very good."

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1 James Dawson Year Of Call: 2004 Telephone: Practice Profile Jamie Dawson has a wide ranging civil practice involving both appearance and advisory work. He has experience of appearing in both the Inner and Outer House of the Court of Session, the High Court of Justiciary and sheriff courts as well as tribunals. He is regularly instructed in medical and dental negligence cases (pursuer and defender), also works in the field of personal injury (pursuer and defender) and defamation and handles commercial disputes, trust and property cases. He is recommended in Chambers & Partners (2014) for personal injury work, as follows: "Acts for pursuers and defenders in equal measure, and is singled out for his expertise in claims relating to serious and catastrophic injury, and in cases relating to disease. Expertise: "He's very thorough and goes into a lot of depth; his advocacy skills are very good." Instructions Jamie has experience of acting for and against private individuals and corporations. He also has experience of acing for and against public bodies. He regularly acts for and against health boards in professional negligence cases. He has been instructed in cases on behalf of chief constables. He has acted for and against local authorities in public liability cases. He has been instructed in the Penrose Inquiry, a public inquiry set up under the Inquiries Act 2005 into the infection of the recipients of

2 blood and blood products in Scotland with HIV and hepatitis C. He has also acted as a temporary procurator fiscal depute and as a Crown junior. He is a an ad hoc Advocate depute. He has regularly been appointed to act as a commissioner in document and evidence commissions. Jamie has been prepared to undertake work in new areas and has worked hard to attain an appropriate level of understanding of the particular circumstances of and the general legal background to the cases in which he is instructed. He enjoys new challenges. He has gained considerable experience of appearing in court in both complex and urgent matters. He regularly provides written advice on a wide variety of matters including commercial, land and trust disputes. He spent much of the court year 2013/14 engaged as junior Counsel for Greater Glasgow Health Board in the case of AW v Greater Glasgow Health Board [2015] SCOH 99. This was a multi million pound clinical negligence case in which the pursuer sought damages on behalf of her son for his cerebral palsy. A proof on liability and causation took place in the Court of Session lasting around 13 weeks. Qualifications July Admitted to the Faculty of Advocates Admitted as a solicitor following traineeship Diploma in Legal Practice, University of Edinburgh LLB (with Distinction), University of Edinburgh BA (Hons) (Modern Languages), St Catherine s College, University of Oxford (upper second in French and German) Employment History Appointed ad hoc Advocate depute ( present) Advocate in private practice (2004 to present) including period working for the NHS Central Legal Office assisting with the running of files in medical negligence cases soon after calling in devil at the Faculty of Advocates (devilling to Jonathan Lake QC, Alistair Clark QC and Sheriff Jamie Gilchrist QC) Part time tutor in the Law of Obligations, University of Edinburgh ( ) 2001 to trainee solicitor with Messrs Shepherd & Wedderburn WS, Edinburgh and Glasgow, with experience in construction, banking, commercial property and civil litigation (clinical negligence and personal injury) and subsequently assistant solicitor (medical negligence) 2000 to worked part-time during diploma year with Shepherd & Wedderburn parliamentary consultancy department Part time tutor in Contract Law, University of Edinburgh ( ) Part time tutor in Evidence, University of Edinburgh ( ) Further professional Information Involved in redrafting Ampersand stable constitution (2013) Involved in drafting materials for the Faculty of Advocates devils training course (2013)

3 Represented the Faculty of Advocates in consultation process relating to the Scottish Government civil courts review (2012) Undertaken reporting of Court of Session opinions for Faculty of Advocates library internal index of cases ( ) Instructor on the Faculty of Advocates devils training course (2010 to present) Undertaken the Faculty of Advocates instructors' training course (2011) Member of the Ampersand Management Committee ( ) Part of Faculty sub-committee working on Scottish Government consultation paper re proposed changes to the Inquiries (Scotland) Rules 2007 Part of Faculty sub-committee working on a response to the Sheriff Court Rules Council re the suitability of a chapter 43 style set of rules to summary cause procedure Part of Faculty sub-committee working on a response to Lord Gill' s civil justice review, particularly insofar as it relates to personal injury work Part of Faculty sub-committee working on a response to a Scottish Government consultation paper regarding the use of intermediaries for vulnerable witnesses in Scotland Part of Faculty sub-committee working on a response to the Education Committee of the Scottish Parliament regarding the Protection of Vulnerable Groups (Scotland) Bill Part of Faculty sub-committee working on a response to the Scottish Law Commission discussion paper on Land Registration: Registration, Rectification and Indemnity Foreign Languages French (see qualification above) German (see qualification above) Commercial Law Commercial Law Cit y of Edinburgh Council v Linda Heat on (unreport ed) Acting for Council in action seeking recovery of gratuitous payment made from a pension scheme under the law of unjustified enrichment (2013) Human Capit al Services Limit ed v Canning & Ors (unreport ed) Acting for pursuers in application for springboard relief and interdict based on restrictive covenants against former employees (2010) Andrew Lloyd v David St aplet on (unreport ed) Acted for defender in sheriff court proof regarding inter director guarantee (2010) Capit al Consult ant s (Scot land) Limit ed v James Ewing (unreport ed) Acted for defender in this Court of Session action relating to damages sought against a former employee for breach of duties to the pursuers (2010) Barbara St anczyk v St efan Cross (unreport ed)

4 Acted for pursuer in Court of Session commercial court action regarding the enforceability of a contract for services (pactum de quota litis and unfair terms in consumer contracts) as well as numerous associated actions (2010) Lombard Nort h Cent ral plc v Charles & Jamie Brown (unreport ed) Sheriff court debate and appeal to the Sheriff Principal re guarantees and indemnities (2009) Lindab Limit ed v David St ark & Ors (unreport ed) Interdict and damages claim relating to implied duties in employment contract, restrictive covenants, copyright infringement and springboard relief (2009) Purewal Ent erpises Limit ed Pet rs [2008] CSOH 127 Liquidation petition regarding the requirements for such a petition to be entertained by the court and the appointment of provisional liquidators (and reclaiming motion) (2008) Orient al Express (Scot land) Limit ed v Purewal Ent erprises Limit ed [2008] CSOH 129 & Cat hay Loon Fung Limit ed v Purewal Ent erprises Limit ed 2008 SLT 1111 Interim interdict and breach of interim interdict minute hearings (and reclaiming motions) (2008) Nat ional West minst er Bank v Neeraj Kapur (unreport ed) Acted for the defender in this banking case involving liability for payment of an outstanding overdraft (and appeal to the Court of Session) (2006) Bankruptcy And Insolvency Law Reparation Law (including Professional Liability) Medical/Clinical Negligence Law AW v Great er Glasgow Healt h Board [2015] CSOH 99 Acting for the defenders in a 20 million midwifery negligence cerebral palsy claim (13 week proof with Alan McLean QC) (2013 to 2014) St even Pert & Ors v NHS Grampian Instructed for the pursuers in fatal claim seeking damages for the death of their relative after brain surgery(2013) Ann McDermot t v Gut hrie & Anr (unreport ed) Acing for the first defender in sheriff court debate in general practitioner negligence

5 case (2013) and appeal Lee Ann Brodie v T he Whit burn Group Medical Pract ice & Anr (unreport ed) Acted for GP practice in this medical negligence action regarding a delay in diagnosis of a slipped upper femoral epiphysis (orthopaedic hip condition) (2012) (with Simon Bowie QC) Alan McMahon v Great er Glasgow & Clyde Board (unreport ed) Acted for pursuer in medical negligence case in respect of failure to prevent deep vein thrombosis/pulmonary embolsism (2012) Karen Beveridge v Lot hian Healt h Board (unreport ed) Acted for the pursuer in this complex medical negligence action relating to obstetric advice regarding the risks of pregnancy resulting in the pursuer suffering a uterine rupture (2012) Mark Cord v Great er Glasgow Healt h Board (unreport ed) Acted for the defenders in this complex medical negligence action relating to spinal surgery (2012)(with Calum MacNeill QC) Susan Finlayson v Grampian NHS T rust (unreport ed) Acted for the pursuer in this high value high value cerebral palsy case (2008) (with John L Mitchell QC) Angus Noon v Est ill & McLean (unreport ed) Acted for the defenders in this complex dental negligence case involving alleged loss suffered from an extraction which led to the onset of osteoradionecrosis (2008) Deborah Rit chie v Yorkhill NHS T rust (unreport ed) Acted for the pursuer in this obstetric negligence case in which the pursuer sought damages on behalf of her son, who suffered from cerebral palsy (2005) (with John L Mitchell QC)

6 Personal Injury Law Sean Sullivan & Ors v Highland Council & Ors Instructed for the second defenders in claim arising out of a road traffic accident in which the pursuer involving allegations of medical negligence against treating hospital (with Maria Maguire QC) (2013) Alexander Fyffe v Chief Const able of Fife Const abulary Instructed for chief constable in action in which pursuer seeks damages for wrongful arrest/detention (2013) Edit h Rankin & Ors v Nat ional Grid Gas plc (unreport ed) Acted for the defenders in this fatal claim seeking damages for the deceased' s death from mesothelioma including issues of date of knowledge, whether exposure was de minimis and other causation issues (2013) (with Geoff Clarke QC) Douglas Dickson v St uart Kinsman & Anr [2013] CSOH 111 Court of Session road traffic reparation proof (2012/13) Lesley Jackson v Andrew Murray & Anr [2012] CSOH 100 and [2012] CSIH 100 Acted for defenders in this Outer House proof on liability for a road traffic accident in a catastrophic case (with Gerry Hanretty QC (Outer House) and Andrew Young QC (Inner House)) (2012) Christ opher Pat rick v Kellog, Brown and Root Limit ed (unreport ed) Acted for the defenders in this personal injury action arising out of serious accident on an oil rig (2009) (with Nick Ellis QC) Douglas Sim v DFS Furnit ure Limit ed & Ors (unreport ed) Acted for third parties in multi-party serious accident personal injury action (2009) David Pearce v St even Ferguson & Anr [2009] CSOH 39 Outer House procedure roll debate in dangerous activity accident case (2009)

7 St even T ierney v Biffa Wast e Management Lt d & Anr [2005] CSOH 18 Acted for the third party in this personal injury proof (2005) (with Jim Peoples QC) Media & Defamation David Lyons v Chief Const able of St rat hclyde Police [2013] CSIH 46 Instructed on behalf of Chief Constable in reclaiming motion in action in which pursuer seeks damages for defamation and breach of obligations under the Data Protection Act 1998 in respect of the release of police intelligence to licensing authorities (2013) (with Maria Maguire QC) St uart Oglesby Pet it ioner Instructed on behalf of petitioner (a doctor) seeking interdict against continuing publication of defamatory material on website (2012) Professional Liability Other Specialisms Public inquiries & Fatal Accident Inquiries T he Penrose Inquiry Instructed as first junior for the patient and relative core participants in the Penrose Inquiry into infections with HIV and hepatitis C from contaminated blood ( ) (with Simon di Rollo QC and Laura-Anne van der Westhuizen). Worked with vast quantities of documentary material relating to the Inquiry' s reference period of nearly 40 years Prepared and conducted the cross examination of numerous witnesses, including expert medical witnesses and government officials (both administrative and medical) Wrote detailed submissions on 6 of the 14 topics covered by the Inquiry and revised submissions prepared by colleagues Gave regular advice on judicial review proceedings against the decisions of the Inquiry. This involved some consideration of the Scotland Act 1998, given the restrictions on the competence of a Scottish Inquiry instituted under the Inquiries Act Prepared numerous submissions to the Inquiry on procedural matters.

8 In particular, Jamie was responsible for dealing with the sections relating to specific and non-specific testing for the presence of hepatitis C antibodies in blood collected in Scotland. These sections involved detailed consideration of the workings of the government in Scotland and in the United Kingdom, governmental decision making and the interaction between civil servants and the Scottish National Blood Transfusion Service in the 1980s and early 1990s. T rusts And Executry Law T he Congregat ion of Part ick Free Church of Scot land & Ors v T he Congregat ion of Part ick Free Church of Scot land (Cont inuing) & Ors (unreport ed) Dispute over ownership of and entitlement to the benefit of congregational trust property (with James McNeill QC and subsequently Robert Howie QC) Moderat or of t he General Assembly of t he Free Church of Scot land v Int erim moderat or of t he Congregat ion of St rat h Free Church of Scot land (Cont inuing) 2009 SLT 973 and [2011] CSIH 52 Outer House procedure roll debate dealing with issues of competency and relevancy in a dispute over ownership of and entitlement to the benefit of trust property (and reclaiming motion and advice re appeal to Supreme Court) (2009 and 2010) (with James McNeill QC) Free Church of Scot land (Cont inuing) v Free Church of Scot land 2005 SC 396 Acted for the pursuers in a dispute regarding the identity of the true beneficiaries under a trust (4 week debate in the Outer House and reclaiming motion) (2004 and 2005) (with James McNeill QC) Property Law And Conveyancing obsolete Procedure Alexander Fyffe v Chief Const able of Fife Const abulary Instructed for chief constable in connection with commission and diligence application involving considerations of confidentiality affecting serving officers and public interest immunity (2012) Williams v Scot t ish Legal Complaint s Commission [2010] CSIH 73 Statutory appeal against decision of the SLCC

9 Raymond McGregor v Alpha Airport s plc [2010] CSOH 51 and [2010] CSOH 137 Court of Session applications on the subject of caution Raymond McGregor v Alpha Airport s plc [2010] CSOH 110 Court of Session application concerning a time barred amendment John At kinson v Carst airs St at e Hospit al Management Board (unreport ed) Sheriff court debate on the issue of whether the case should be dismissed due to inordinateand inexcusable delay in the prosecution of the action (2009)

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