Geoffrey D. Mitchell KC

Year of Call: 1992
Silk: 2009

07917 047164
geoffrey.mitchell@advocates.org.uk

Photo of Geoffrey D. Mitchell KC

He combines sharp attention to detail with empathy and sensitivity in the most challenging of cases

Chambers & Partners UK Bar Guide 2020

He is very calm, measured and extremely well organised. He is also always well prepared and very focused……Approachable and easy to work with. He really gets into the detail.

Chambers & Partners UK Bar Guide 2021

Hard-working and an impressive performer in court.

Chambers & Partners UK Bar Guide 2022

Geoffrey Mitchell KC is an experienced litigator, with a wide ranging practice across a number of practice areas, with considerable experience in oral advocacy (at first instance and appellate level), in public and local inquiries and regulatory work.

Geoff’s inquiries experience includes fatal accident inquiries, the Scottish Child Abuse Inquiry and the long running inquiry under the Merchant Shipping Act 1995 into the sinking of the trawler MFV ‘Trident’.

His regulatory experience includes a period as the Legal Assessor to the General Teaching Council for Scotland (2006 to 2012), and a panel member of the Faculty of Advocates’ Disciplinary Tribunal (2018 to present).

He has developed particular knowledge in clinical and professional negligence, acting for claimants and defenders.

Between 2001 and 2005, as an Advocate Depute and senior Advocate Depute (High Court prosecutor), he prosecuted serious and complex criminal cases.

In 2011 he was appointed Special Counsel to the Lord Justice General.

Between 2013 and 2015 he was the Director of Ampersand Advocates. He is currently appointed as Senior Counsel for the Scottish Ministers for the Covid-19 Public Inquiry and related inquiries.

Medical/Clinical Negligence Law

Mullen v Lanarkshire Health Board (2021)
Medical negligence action concerning alleged failure on part of a hospital to detect a saddle embolus in the pursuer’s leg, that lead to amputation of the leg. Instructed by the defenders.

Marshall v NHS Greater Glasgow & Clyde (2021)
Medical negligence action concerning a hospital’s failure properly to monitor and medicate a patient who was admitted suffering from delirium tremens, and who fell to his death from a hospital window. Instructed by the pursuers.

Collins v Greater Glasgow Health Board (2021)
Medical negligence action concerning failure on part of hospital to detect a stroke in a patient (2021)

Wells v Lanarkshire Health Board (2021)
Medical negligence action concerning complications on birth of child (2021)

Derek Hamilton v Lanarkshire Health Board (2019)
Allegations of negligence against a general surgeon, regarding his decision to use an endoscope to remove an accidentally swallowed denture plate from the claimant’s oesophagus. Instructed by the Board.

Andrew Hamilton v Greater Glasgow Health Board (2019)
Allegations of negligence against two Accident and Emergency consultants and a Junior doctor working in A&E, for failing to detect a fractured skull, such that a haematoma within the claimant’s skull grew, and caused brain damage. Instructed by the Board.

Anderson v Lanarkshire Health Board (2019)
Allegations of negligence against obstetricians and a midwife in failing to advise a mother of the risks of shoulder dystocia (when the baby’s head and shoulders become stuck against the mother’s pelvis); and of applying excess force when delivering the baby. Instructed by the Board.

Cowell-Smith v Leith Mount Surgery (2018)
Allegations of negligence against a firm of GP’s, who failed to refer the pursuers’ daughter to hospital when she presented at the GP surgery with signs of a serious infection, from which she later died. Instructed by the claimant.

Paton v NHS Lanarkshire Health Board (2017)
Claim for damages against a colorectal surgeon following haemorrhoidectomy. Allegation of failure to perform operation competently. Instructed on behalf of the Health Board.

Turner v The National Times Waiting Centre (2016)
Claim for damages against a plastic surgeon following cosmetic surgery to abdomen of patient. Allegation of failure to perform operation competently. Instructed on behalf of the claimant.

Macdonald v The Health Centre (2016)
Claim for damages against a GP’s practice, on behalf of family of deceased patient. Allegation of  failure to refer deceased for specialist treatment. High value case. Instructed on behalf of claimant.

CD v Lanarkshire Acute Hospitals NHS Trust [2015] CSOH 142 
Claim for damages on behalf of child who developed Erbs palsy following shoulder dystocia during birth. Instructed on behalf of the Health Trust.

Burnett v Albyn Medical Practice (2014)
Instructed for the pursuer.  High value case.  Failure to detect badder cancer.

Hamilton v Lothian Health Board (2014)
Instructed for the pursuer.  High value case.  Cerebral palsy.

Swanson v Greater Glasgow Health Board (2013)
Instructed for the pursuer.  High value case involving brain injury sustained following a cardiac arrest that occurred in the course of abdominal surgery.

Anderson v Finlay Park (2012)
Instructed for the pursuer.  Claim arising from injuries sustained in the course of maxilla facial surgery.

Hannigan v Law Hospital NHS Trust [2012] CSOH 152 
Instructed for the defenders.  High value case involving damage to a ureter sustained in the course of a hysterectomy operation.

Snedden v Lanarkshire Acute Hospitals NHS Trust (2011)
Instructed for the defenders.  Birth of a child who developed cerebral palsy following a placental abruption.  A high value action.

Birrell v Cos Lane Medical Practice (2011)
Instructed for the pursuer.  Claim against general practitioner for failing to detect a cyst, resulting in major abdominal complications.

Lazell v Lanarkshire Health Board (2010)
Instructed for the defenders.  Birth of a child who developed cerebral palsy.  A high value action.

Rae v Lanarkshire Health Board (2010)
Instructed for the defenders.  Birth of a child who developed cerebral palsy.  A high value action.

Public inquiries & Fatal Accident Inquiries

Scottish COVID-19 Inquiry and UK COVID-19 Inquiry
Geoff has been appointed senior counsel for the Scottish Ministers in the Scottish and UK Covid-19 Inquiries.

The Scottish Child Abuse Inquiry
In 2021, Geoff appeared in the Boarding Schools Phase of the Inquiry.

Inquiry into the death of John Summerhill (2009)
Death of a man employed on a building site.  Instructed by the family of the deceased.

Re hearing of the formal investigation into the sinking of the MFV Trident (2009 to 2010)
Long running inquiry under the Merchant Shipping Act 1995 before the Sheriff Principal of Grampian Highland and Islands and two assessors into the sinking a trawler off the Moray Coast in 1974.  Instructed by the family of one of the deceased crewmen.

Inquiry into the death of Stuart and David Black (2008)
Death of two men in a road traffic accident.  Instructed by the City of Edinburgh Council.

Inquiry into the death of Hassana Moughrabi (2007)
Death of a young girl from complications arising from increased intra cranial pressure.  Instructed by Lanarkshire Health Board.

Appellate Work

He is regularly instructed by the Crown in criminal appeals. Recent cases argued on behalf of the Crown include the following:

  • Gage v HMA [2012] HCJAC 14
  • Foye v HMA [2012] HCJAC 94
  • Petch v HMA [2011] HCJAC 50
  • McLean v HMA [2011] HCJAC 99
  • Thomson v HMA [2010] HCJAC 129
  • Black v HMA [2010] HCJAC 126
  • Hay v HMA [2010] HCJAC 125
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

Working in Office

Jennifer Dunn

Deputy Advocates' Clerk

(working days Mondays to Thursdays)

Working Remotely

Sheena Hume

Deputy Advocates' Clerk

Working Remotely

Shawn McArthur

Deputy Advocates' Clerk

Away

Kathryn Ferguson

Deputy Advocates' Clerk

Working Remotely

Emma Busby

Deputy Advocates' Clerk

Working in Office
Qualifications

University of Aberdeen, LLB (Hons), DLP

Professional Experience

1992 to 2001: Practice at the Bar


2001 to 2003: Advocate Depute


2004 to 2005: Senior Advocate Depute


2005 to date: Practice at the Bar


2009: Appointed Queen’s Counsel


2013 to 2015: Director of Ampersand Advocates

Memberships

Advocate Depute: 2001 to 2004


Senior Advocate Depute: 2004 to 2005


Queen’s Counsel: 2009


Special Counsel to the Lord Justice General: 2011 to present


Legal Assessor to the General Teaching Council for Scotland: 2006 to 2012


Director of the Ampersand Advocates: 2013 to 2015

Court And Tribunal Experience

Court of Session (Inner and Outer House)


High Court of Justiciary


Appeal Court, High Court of Justiciary


Sheriff Courts (including Sheriff Principal)


Fatal Accident Inquiries


Inquires Held under the Merchant Shipping Act 1995


Lands Tribunal for Scotland


General Teaching Council for Scotland Disciplinary Tribunal

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