Roddy Dunlop QC Call: 1998 Silk: 2010 T: 07739 639018 roddy.dunlop@axiomadvocates.com Education & Professional Qualifications LLB (Hons), DipLP Edinburgh University (1988-1993) Professional Career to Date Devil Masters: Andrew Smith QC, Peter Gray QC. 2010: Silk 1995-1997: Assistant Solicitor, Drummond Miller WS 1993-1995: Trainee Solicitor, Drummond Miller WS Professional Experience Roddy Dunlop has a wide and varied caseload which has given him a great deal of experience in court, appearing at every level within the Scottish civil court system. His expertise covers media law, professional negligence, professional discipline, insurance law, commercial disputes, procurement, intellectual property, human rights, prescription and limitation, and judicial review. He is the only Scottish silk to be ranked in six separate practice areas by Chambers UK, who place him as a Band 1 Silk in the areas of professional discipline, professional negligence, media law and defamation. He is also ranked in medical negligence and commercial dispute resolution. Courts & Tribunal Experience Supreme Court, House of Lords; Court of Session (Inner and s); High Court of Justiciary; Sheriff Court; Various discipline tribunals. Appointments & Memberships Member of the Scottish Rugby Union and Six Nations Discipline Tribunals Member of the Association of Regulatory and Disciplinary Lawyers Standing Junior Counsel to the Scottish Government (until 2010) Ad Hoc Advocate Depute Selected Cases Professional Negligence / Professional Discipline
Munro v Scotmaps [2012] CSIH 35: defence of claim for professional negligence made against compiler of route notes prepared for Scottish Rally Championship. Singh v Truscott [2011] CSIH 84: defence of claim for damages raised against member of the Senior Bar. Sandeman v Council of the Law Society of Scotland 2011 S.C. 596: opposition to appeal against finding of professional misconduct. Dad v General Dental Council [2010] CSIH 75: opposition to appeal against order striking off dentist. Hepburn v Royal Alexandra Hospital NHS Trust 2011 S.C. 20: whether competent et separatim appropriate to dismiss medical negligence claim on the basis of unwarranted delay in prosecution. Sheldon v Nursing & Midwifery Council 2010 S.L.T. 1195: opposition to appeal against disciplinary decision by NMC. Cameron v Council of the Law Society of Scotland, Extra Division, unreported, 15 December 2009: opposition to appeal against decision of SSDT, appeal refused in an ex tempore decision. Pentland-Clark v Wilson & Others 2009 G.W.D. 30-490: opposition to reclaiming motion in action for damages based on alleged negligence on the part of judicial factor and his solicitor. W Y v Council of the Law Society of Scotland 2009 SC 430: opposition to appeal by solicitor following finding of misconduct. Swanney v GMC 2008 SC 592: opposition to appeal by doctor against order of GMC finding him guilty of serious professional misconduct. Robson v Council of the Law Society of Scotland 2008 S.C. 218 : opposition to appeal by solicitor against striking off. Mallon v General Medical Council 2007 SC 426: opposition to appeal by General Practitioner following finding of serious professional misconduct - first Scottish GMC appeal. Beaumont v Council of the Law Society of Scotland 2006 SC 659: opposition to appeal by solicitor against striking off. Thomas v Council of the Law Society of Scotland 2006 S.L.T. 183: opposition to plea of res judicata raised in appeal in disciplinary proceedings. Sutherland-Fisher v Council of the Law Society of Scotland 2003 S.C. 562: defence of appeal by solicitor contending that absence of legal aid meant he could not received a fair hearing in disciplinary proceedings. McMahon v Council of the Law Society of Scotland 2002 S.C. 475: defence of appeals by three solicitors against sanctions imposed for professional misconduct. First Instance Glynhill Hotel Ltd v Dundas & Wilson CS LLP [2011] CSOH 195: application by member of the Senior Bar to be sisted as Party Minuter to allow him to answer charges made in the pleadings. Lutton v General Dental Council Court of Session 2011 S.L.T. 671: defence of application for judicial review of written warning issued against registered dentist. Aitken v Scottish Ambulance Service 2011 S.L.T. 822: defence of professional negligence claim against ambulance service. General Osteopathic Council v Sobande 2011 S.L.T. 377: petition for interdict against unregistered osteopath. Santander PLC v Allied Surveyors 2011 S.C.L.R. 249: defence of professional negligence claim against surveyors. Pelagic Freezing Ltd v Lovie Construction Ltd [2010] CSOH 145: defence of professional negligence claim against architects. Munro v Sturrock (t/a Scotmaps) [2010] CSOH 116: successful defence of action based on alleged negligence in completion of rally route notes. MacLeod v Campbell Smith 2010 S.L.T. 1035: dismissal at debate of claim raised by family of solicitor's client. Pentland-Clark v Maclehose & Others 2010 G.W.D. 4-55: dismissal of action for breach of trust / professional negligence raised against former Judicial Factor and his firm of solicitors. Legal Services Centre Ltd v Miller Samuel LLP 2009 G.W.D. 36-616: defence of claim for damages following alleged negligence in drafting of rent review clause. Halifax Life Ltd v DLA 2009 G.W.D. 19-306: whether personal liability incurred by solicitors concluding missives on behalf of non-existent association. Langstane Housing Association v Ramsay & Chalmers 2009 SCLR 639: defence of claim for professional negligence raised against consultant engineers. Dickson v A&WM Urquhart [2009] P.N.L.R. 24: defence of claim for professional misconduct raised against solicitors regarding allegedly deficient conveyancing.
Lord Aberdeen v Turcan Connell 2009 SCLR 336: debate re claim for professional misconduct raised by disappointed trustor. Jackson v O'Donnell Vaughan, Sheriff Ross, 16 September 2008; Sheriff Principal Mackay, 30 January 2009: dismissal of claim for professional negligence raised by J against solicitors who had acted for his wife in their divorce. Hepburn v Royal Alexandra Hospital 2008 SCLR 517: dismissal of medical negligence claim for unwarranted and inexcusable delay in its prosecution. Woodhouse v Wright Johnston & Mackenzie 2004 S.L.T. 911: dismissal at debate of action for professional negligence. Tudhope v Finlay Park (t/a Park Hutchison Solicitors) 2004 S.L.T. 783: whether claim for damages for professional negligence on part of a solicitor following missed triennium amounted to claim "in respect of personal injuries". Contract / Commercial Disputes Ralph Lauren v Trustee of London Borough of Southwark Pension Fund: ex tempore decision overturning decision ([2011] CSOH 103) and granting interim interdict against letting of commercial premises. Whyte & MacKay v Capstone 2011 S.C. 221: interim orders for specific implement / interim interdict re distributorship agreement. Forster v Messrs Ferguson & Forster, MacFie & Alexander 2010 S.L.T. 867: mutuality of contract in context of partnership. Van Klaveren v Servisair Ltd 2009 SLT 576: whether admission of liability in pre-litigation correspondence contractually binding. Mack v Glasgow City Council 2006 S.C. 543: whether claim for contractual inconvenience covered by prescription or limitation. Regus (Maxim) Ltd v Bank of Scotland Plc [2011] CSOH 129: defence of claim based on "letter of comfort". Cochrane v Grampian Joint Police Board 2010 S.L.T. (Lands Tr) 19: question of availability of "right to buy" on part of police officers. Royal Bank of Scotland v Carlyle 2010 G.W.D. 13-235: defence of claim calling up loan on the basis of collateral warranty given by bank to property developer. McLaughlin v Anglo Irish Asset Finance plc 2009 G.W.D. 16-248: defence of attempt to suspend summary diligence based on guarantee. Robert Purvis Plant Hire Ltd v Brewster & Co 2009 Hous. L.R. 34: defence of claim that commercial lease frustrated by refusal of planning permission. Scottish & Southern Energy PLC v Lerwick Fabrication 2008 S.C.L.R. 317: claim for indemnity following fire at power station. Countrywide North Ltd v GWM Developments Ltd [2007] CSOH 60: claim for payment of commission following sale of commercial development. K2 Restaurants v Glasgow City Council [2007] CSOH 20: defence of claim against local authority following collapse of building. Tiffney v Flynn & Motor Insurers Bureau 2007 S.L.T. 929: construction of Motor Insurers Bureau agreement. Thomson v City of Edinburgh Council [2005] CSOH 77: defence of claim for interdict against eviction from commercial premises. Media Law Curran v Scottish Daily Record and Sunday Mail Ltd 2012 S.L.T. 359: leading modern Scottish authority on defamation of a public figure and qualified privilege relating to statements in the press. Ewing v Times Newspapers 2010 S.L.T. 1093: resistance to appeal against finding of caution in claim for defamation and breach of confidence raised by a pursuer who had been declared vexatious in England and Wales. Moore v Scottish Daily Record & Sunday Mail 2009 S.C. 178: appeal before a Five Judge Bench resulting in the successful challenge to, and overruling of, the decision of the First Division in Billig v Law Society 2008 SC 150. Appa UK Ltd v Scottish Daily Record & Sunday Mail 2008 S.C. 145 : defence of action for defamation brought by a company accused of exploitative selling practices.
Wray v Associated Newspapers Ltd, Extra Division, 23 January 2002: defence of action for defamation brought by Member of Parliament. Thomson v Ross 2001 S.L.T. 807: defence of action for defamation raised against President of the Law Society of Scotland. McCue v Scottish Daily Record & Sunday Mail Ltd (No.2) 1999 S.C. 332: leading case regarding caution in defamation proceedings. Munro v Brown 2011 S.L.T. 947: proof in defamation claim raised by former captain of Scottish women's curling team. Curran v Scottish Daily Record & Sunday Mail Ltd 2010 SLT 377: dismissal at debate of claim for defamation raised by former MSP. Ewing v Times Newspapers 2009 G.W.D. 5-81: application for caution in claim for defamation, breach of confidence and harassment raised by a pursuer who had been declared vexatious in England and Wales. Moore v Scottish Daily Record & Sunday Mail Ltd 2007 S.L.T. 217: first consideration in Scotland of Offer of Amends procedure under the Defamation Act 1996. MacLeod v Newsquest (Sunday Herald) Ltd 2007 S.C.L.R. 555: defence of action for defamation on basis that article clearly written in jest. Lord Robertson v Newsquest (Sunday Herald) Ltd 2006 SCLR 792: defence of action for defamation raised by Head of NATO. X v BBC 2005 S.L.T. 796: first Scottish consideration of "right to privacy" in context of motion for interdict of documentary regarding Glasgow Sheriff Court. Adams v Guardian Newspapers Ltd 2003 S.C. 425: pursuit of action for defamation raised by Member of Parliament; first Scottish consideration of Reynolds privilege. Dickson v Bonnier Media 2002 S.L.T. 776: Saturday morning opposition of application for interim interdict in defamation claim. Judicial Review / Human Rights House of Lords / Supreme Court Principal Reporter v K 2011 S.L.T. 271: whether declarator of incompatibility should be granted referable to the Children's Reporter's system. Mitchell v Glasgow City Council [2009] 1 A.C. 874: defence of claim under Article 2 (right to life) of the European Convention on Human Rights following killing of council tenant by his neighbour. Cantwell v Criminal Injuries Compensation Board 2002 S.C. (H.L) 1: judicial review of decision of CICB. Knox v S 2010 SLT 765: opposition to declaration of incompatibility sought under the Human Rights Act 1998 with regard to the Children's Reporter system. Principal Reporter v JPK and The Lord Advocate 2010 S.L.T. 308 : opposition to declaration of incompatibility sought under the Human Rights Act 1998 with regard to the Children's Reporter system. Mitchell v Glasgow City Council 2008 S.C. 351 : defence of claim under Article 2 (right to life) of the European Convention on Human Rights following killing of council tenant by his neighbour. Scottish Solicitors Discipline Tribunal v Auditor of the Court of Session 2009 S.L.T. 1104 : judicial review of decision of the Auditor regarding expenses of the Tribunal. Fotheringham v Scottish Football Association [2008] CSOH 170: judicial review of decision of the SFA Discipline Panel. D.L. v Parole Board for Scotland & Scottish Ministers 2009 G.W.D. 3-42 : defence of attempt to review decision of Parole Board for Scotland. Laidlaw v Parole Board for Scotland & Scottish Ministers 2008 SCLR 51: defence of attempt to review decision of Parole Board for Scotland. Birrell v Parole Board for Scotland & Scottish Ministers 2007 SLT 440: defence of attempt to review decision of Parole Board for Scotland. McKie and others v. McRae & Another 2006 S.L.T. 43: first Court of Session dismissal of claim as a result of delay, as a result of inter alia Human Rights considerations. East Lothian Council v Lumsden 2002 S.L.T. 1141: defence of judicial review of decision of district valuer.
Public Procurement Shetland Line v Scottish Ministers & Serco Ltd [2012] CSOH 99: motion on behalf of successful tenderer to lift automatic standstill imposed under Public Contracts (Scotland) Regulations 2006. Clinical Solutions International Ltd v NHS 24 [2012] Eu. L.R. 398 - motion on behalf of procuring authority to lift automatic standstill imposed under Public Contracts (Scotland) Regulations 2006. Other cases House of Lords Spencer-Franks v Kellogg Brown and Root Ltd 2008 S.C. (H.L.) 159 : construction of Provision and Use of Work Equipment Regulations 1998. Simmons v British Steel Plc 2004 S.C. (H.L.) 94: leading modern case on remoteness of loss. A v Glasgow City Council 2010 S.C. 411: appeal before five judge bench, overruling Carnegie v Lord Advocate. K v Gilmartin's Executrix 2004 S.C. 784: prescription of claim for damages for historical abuse. Directories Roddy is rated in both the Legal 500 and Chambers Directory, with the latter ranking him as a Band 1 Silk for Professional Discipline; Professional Negligence; Media Law; and Defamation and Privacy. He is also ranked in Clinical Negligence and Commercial Dispute Resolution.