Christian Marney FCIArb

Year of Call: 1998

marney@advocates.org.uk

Photo of Christian Marney FCIArb

He is a good safe pair of hands; he's tenacious and goes the extra mile for clients.

Professional Negligence, Chambers & Partners

Christian Marney’s interest and considerable experience is in professional negligence and commercial litigation; employment and personal injury reparation. He is regularly instructed in professional negligence matters in particular, though not exclusively, by the Law Society of Scotland professional indemnity insurers. He is currently pursuing and defending actions in the Court of Session and Sheriff Court on behalf of solicitors and construction and housing professionals. He has a well established track record in personal injury having acted for most of the major insurers for most of his professional career. However, he also ensures that he continues to pursue cases on behalf of individuals and succeed in securing full compensation on behalf of those injured persons. He has a longstanding interest and involvement in employment matters, both advisory and litigated. He is one of a small number of junior counsel recognised in this area at the Scottish Bar. He has advised and represented UK plc’s, Local Government and major insurance companies in all of those areas. Christian was admitted to The Chartered Institute of Arbitrators in 2017 as a Fellow in October 2018.

Recent cases:

Commercial and Professional Liability

Christopher Dailly t/a Jumbobridging v Anthony Adler; Aberdeen Sheriff Court 5th August 2016;
Contract for professional services reduced on basis of misrepresentation and failure to disclose on part of pursuer where contract was to be one of the utmost good faith.

Campbell Construction Group Ltd v Scottish Water 2015 SLT (Sh Ct) 159
Successful recovery of substantial damages from Scottish Water arising from flood damage to construction works. The court had to consider the application of contractual indemnities; assignation; the proper construction of Section 10 of the Water (Scotland) Act 1980; arguments of double recovery and the doctrine res inter alios acta.

G v Watson [2013] SLT 934
Company Law – allegations of bribery; disciplinary action taken against Managing Director; relationship between contract and Articles of Association; relationship between group companies; construction of contracts; remedies – interim interdict and suspension under petition procedure; availability of judicial review in an employment dispute. With Herriot Currie QC.

Scotland Gas Networks Plc v Scottish Water [2012] G.W.D. 11-220
Acted for defenders in a claim for damage to the gas main said to have been caused by water discharging from water main. The court had to consider section 141 of the New Roads and Streetworks Act 1991; expert evidence on causation; proximity of utilities; the existence, nature and scope of any co-existent common law duty.

Credential Jersey Ltd v DLA Piper Scotland LLP [2012] CSOH 96
Solicitors duties to client; misrepresentation; distinction between company holding and unit trust; loss of sale of property portfolio through sale of unit trust; reflective loss. With G. Hanretty QC.

Reparation

Paterson v McLeod [2017] CSOH 20.
Successful defence of substantial damages claim arising from accident on rural road. Consideration of status of conviction and attempt
to rebut presumption arising therefrom. With G Hanretty QC.

Steel v McGill’s Bus Service Ltd [2015] Rep. L.R. 39
Liability of bus company to unseated passenger.

Shepherd v Travelodge Hotels Ltd [2015] Rep L.R. 2
Successful defence of action for damages arising from 3rd party oil spill at a Travelodge car park and subsequent slip by motorcyclist
having left the car park and arrived at his subsequent destination. Occupiers Liabilty (Scotland) Act 1960.

Clark v City of Edinburgh Council [2011] Rep. L.R. 11
Successful defence of claim for credit hire charges for replacement vehicle following minor road accident. Examination of issues of failure to mitigate loss; the nature of impecuniosity; reasonable costs for replacement vehicle.

Administrative Law/Employment

EIS v Glasgow City Council [2014] SC 457
For Glasgow City Council, with Gerry Moynihan QC, in an action brought by the teachers union, the EIS, challenging the Council’s approach to the staffing of nursery schools and in particular the appointment of non-teachers to management posts. The litigation raised by way of petition for judicial review raised issues of employments rights; consultation and interpretation of legilation relating to the provision of nursery education in Scotland.

Ireland v Dundee City Council [2015] G.W.D. 40-635
For Dundee City council in an application brought by a tenant of local authority house. Tenancy formerly joint with father. He had moved on to sheltered accommodation before passing away. Tenant did not benefit from preserved right to buy.

McLintock v Glasgow City Council; Employment Tribunal 16 December 2011;
Alleged rape of child in foster care; no prosecution; dismissal; alleged unfair dismissal; evidence – duties of employer in such circumstances.

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

International Arbitration; University of Aberdeen 2017


European Law; Glasgow University 1996


Roman Law; University of Aberdeen 1995


Diploma in Legal Practice, University of Strathclyde 1987


LLB (Hons), University of Strathclyde. Honours subjects studied: Employment Law; Private International Law; Criminal Law; Social and Welfare Law. Honours dissertation on the law relating to Trade Unions. 1986


Professional qualifications

LLB (Hons) (1986)
Dip. LP. (1987)
Advocate (1998)
Admitted to Chartered Institute of Arbitrators (2017)
Fellow of the Chartered Institute of Arbitrators (2018)

Memberships

November 2009 – February 2011: Counsel for interested party in the Fatal Accident Inquiry into the deaths of 14 residents of the Rosepark Care Home.


2005 – 2010: Served as ad hoc legal assessor in Nursing and Midwifery Council Disciplinary Proceedings


1998: called at the Scottish Bar (after devilling to Laurence Murphy QC; Marion Caldwell QC and Sheriff Norman Ritchie QC)


1991 – 1997: Messrs Biggart Baillie, Solicitors, Glasgow. Practicing in professional negligence; contract and commercial disputes; employment and related; general reparation; Appointed Associate 1995. Instructing solicitor in Sharp v Thomson 1997 SC (HL) 66


1989 – 1991: Central Regional Council, Stirling. Solicitor providing full range of legal services to Education and Social Work Departments including court and tribunal representation – Sheriff Court; Employment Tribunal; Land Tribunal. In house legal advice re personnel issues; advising on internal disciplinary issues and hearings. Advice on adoption; freeing for adoption; parental rights. Conveyancing – both domestic and commercial, including leasing.


1987 – 1989: Trainee solicitor with Messrs Bishop and Robertson Chalmers, Solicitors, Glasgow. Domestic and Commercial Conveyancing; Civil litigation – reparation and commercial.

Court And Tribunal Experience

Inner House of the Court of Session with and without a senior.


Outer House of the Court of Session; Sheriff Court; Employment Tribunal; Employment Appeal Tribunal; Land Tribunal and other statutory bodies and tribunals.

Lectures

Christian is an established and experienced instructor within the Faculty of Advocates training courses for devils.


He has taught classes to devils on subjects including written pleadings, oral advocacy and professional ethics since 2006.


He has delivered seminars to solicitors on aspects of personal injury, property law and employment law. He contributes to training offered by the Faculty of Advocates to the University of Strathclyde pro bono unit.