Dana Forbes

Year of Call: 2015

07828 273016
dana.forbes@advocates.org.uk

Dana called to the bar in 2015 after 13 years with the Crown Office and Procurator Fiscal Service. Her caseload often involved difficult issues such as human rights, administrative law, novel legal argument and areas of potential legal reform. She has extensive experience in court practice as well as legal research, analysis and opinion writing. During her career, Dana has provided legal advice to the Law Officers, Crown Counsel and the Scottish Government Legal Directorate.

Since calling she has gained considerable experience in personal injury (acting for both pursuers and defenders), clinical negligence, judicial review and Fatal Accident Inquiries. Her other interests include health and safety prosecutions, succession, property rights and criminal appeals.

Dana has conducted proofs in the Court of Session and the All Scotland Personal Injury Court. She has presented cases before the Sheriff Appeal Court and the Court of Criminal Appeal. Dana has also represented clients before the Scottish Social Services Council and on referral to the Sheriff Court from the Children’s Hearing system.

Dana has assisted the Judicial Institute with their training programme. She has also given presentations to new lawyers on behalf of the Law Society of Scotland on subjects such as advocacy, personal injury and specialist procedure in the Court of Session.

Personal Injury Law

Civil Jury trial, 19 January 2016
Award of over £260,000 to the Pursuer in this Court of Session civil jury trial. The Pursuer suffered campylobacter food poisoning as a result of eating undercooked chicken liver at the Scotch Malt Whisky Society Restaurant in Leith in April 2009 and developed post infection Irritable Bowel Syndrome. The continuing symptoms of the IBS were likely to be permanent and affected her ability to undertake full-time employment. The verdict of the Jury delivered on 19 January 2016 included £50,000 for Solatium and £175,000 for loss of future income. There was also an award for the extra costs of the pursuer’s altered dietary requirements consequent on her condition. With Hugh Campbell Q.C. as Senior Counsel.

Administrative and Public Law

R.W. v Her Majesty’s Advocate, 9 February 2017
Bill of Advocation and Note of Appeal. Successful challenge of a sheriff’s decision to allow more time for prosecutors to bring the case to trial following inexplicable delays by the Crown in securing the evidence of a key witness.

PF Edinburgh v Technic Concrete Floors Limited , 7 September 2016
Health and Safety prosecution. Dealt with the plea of guilty and mitigation involving a charge of failing to ensure that work at height was properly planned and carried out in a manner that was safe brought against sub-contractors. Persuaded the Court that the culpability of the sub-contractors was markedly less than the primary contractors and the company had reacted swiftly and comprehensively to the accident. A reduced financial penalty was imposed.

Public inquiries & Fatal Accident Inquiries

Glasgow Bin Lorry Fatal Accident Inquiry,
Fatal Accident Inquiry into the deaths of John Kerr Sweeney, Lorraine Sweeney, Erin Paula McQuade, Stephenie Catherine Tait, Gillian Margaret Ewing and Jacqueline Morton. Conducted over 27 days at Glasgow Sheriff Court. Representing the family of Jacqueline Morton with Dorothy Bain QC.

Private prosecution – Glasgow Bin Lorry, 9 December 2016
Seeking authority from the High Court of Justiciary to pass a Bill for Criminal Letters to allow a private prosecution of the Glasgow Bin Lorry driver. Representing the families of John Kerr Sweeney, Lorraine Sweeney, Erin Paula McQuade with Dorothy Bain QC.

Practice Areas