Alan Cowan

Year of Call: 2017

07921 582194
alan.cowan@advocates.org.uk
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Prior to calling to the bar, Alan was a solicitor in private practice for over 20 years. He was a partner with Simpson & Marwick from 2001 and a solicitor advocate from 2004.

As a solicitor advocate, Alan appeared regularly in both the Inner and Outer Houses of the Court of Session. He conducted numerous proofs, debates and appeals. In addition, he was frequently instructed to appear with Senior Counsel.

During his career as a solicitor, Alan had a varied civil practice. His principal areas of expertise were personal injury, employment law and commercial litigation. He is also experienced in the fields of property damage, defamation, professional negligence and valuation rating appeals. He has an interest in family law and gained further experience in that area during his devilling.

In 2022 Alan was appointed to the Advocate General for Scotland panel of Standing Junior Counsel which will deal with UK Government work arising in Scotland.

Personal Injury

Layden v Aldi 2002 SLT (Sh Ct) 71 – applicability of Workplace (Health, Safety and Welfare) Regulations to visitors

Tortolano v Ogilvie Construction Limited 2013 SC 313 – challenge to discount rate (with Senior Counsel).

Phee v Gordon 2013 SC 379 – liability of golf club for injuries suffered by golfer (with Senior Counsel).

Kennedy v Chivas Brothers Limited 2013 SLT 981 – whether breaches of Provision and Use of Work Equipment, and Manual Handling Operations Regulations.

Gillie v Scottish Borders Council 2013 Rep LR 86 – claim under Workplace (Health, Safety and Welfare) Regulations; defence of reasonable practicability upheld.

Vaickuviene v J Sainsbury plc 2014 SC 147 – vicarious liability (with Senior Counsel).

T v Thomson 2014 SCLR 847 – road traffic accident; whiplash and PTSD; material exaggeration of symptoms.

Coia v Portavadie Estates Limited 2015 SC 419 – scope of “work equipment” and “workplace”.

Employment

Rolls-Royce v Riddle [2008] IRLR 873 – strike out of an application to Employment Tribunal.

Hacking & Paterson v Wilson [2011] Eq LR 19 – flexible working; indirect sex discrimination.

Commercial/Miscellaneous

East Renfrewshire Council v J H Lygate & Partners 2005 CSIH 27 – appeal against arbiter’s decision in respect of rent review.

Sovereign Dimensional Survey Limited v Cooper 2009 SC 382 – “dawn raid”; contempt of court.

Y v The Law Society of Scotland 2009 SC 430 – time limit for appeal from SSDT.

M v Bank of Scotland plc [2012] CSIH 84 – loss arising from Bank’s breach of contract.

Service Temps Inc v McLeod and Another 2014 SLT 375 – registration of foreign judgement.

Kirkham v Sneddon Morrison 2015 SLT (Sh Ct) 184 – procedure for recovery of solicitor’s files.

Practice Areas
Clerks

Contact our clerks

Normal business hours are 9am to 5pm, Monday to Friday.

ampersandclerks@advocates.org.uk
+44 (0)131 260 5674 (9am to 5pm)

Alan Moffat

Advocates' Clerk

Away

Jennifer Dunn

Deputy Advocates' Clerk

(working days Mondays to Thursdays)

Working Remotely

Sheena Hume

Deputy Advocates' Clerk

Working in Office

Shawn McArthur

Deputy Advocates' Clerk

Working Remotely

Kathryn Ferguson

Deputy Advocates' Clerk

Working Remotely

Emma Busby

Deputy Advocates' Clerk

Working Remotely
Qualifications/Education

Diploma in Legal Practice, University of Glasgow, 1990
LLB (Hons), University of Glasgow, 1989

Court and Tribunal Experience

Court of Session (Inner and Outer House), Sheriff Courts (first instance and appeals), Fatal Accident Inquiries, Employment Tribunals, Employment Appeal Tribunal, various statutory and disciplinary tribunals, Licensing Boards

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