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Isla has a very thorough, precise and methodical approach to written work and her measured style in court ensures that she has the ear of the judge
Instructing solicitor
Isla Davie’s practice covers a range of medical negligence, professional negligence, commercial law, property and personal injury disputes, in particular catastrophic injury. She is regularly instructed on behalf of insurers, public bodies, professional bodies and individuals. She is often asked to speak on medical negligence and property law.
Isla studied law at Edinburgh and Paris-Sud. She joined the Bar in 2004 after seven years’ experience as a solicitor with commercial firms and took silk in 2019. She practices in civil law, being regularly instructed in interdicts, debates, proofs, civil jury trials and Fatal Accident Inquiries.
James Kelly and ors v Ayrshire and Arran NHS Board, Kilmarnock Sheriff Court, decision of Sheriff Foran dated 28th April 2015
Acting for defenders successfully having clinical case dismissed at debate and resisting appeal by pursuer.
Donald v Ayrshire & Arran Health Board and another 2013 GWD 7-166
Junior counsel acting for GPs in medical negligence case
Miller v Greater Glasgow Health Board 2008 SLT 567; 2011 SLT 131
Acting as junior counsel for the defenders in the first defended case involving acquisition of MRSA in a hospital, pursuer ultimately abandoned case
Arlene Bowie v Argyll & Clyde Health Board 2007 CSOH 39
Acting for defenders in debate regarding mischance in medical negligence case. Pursuer subsequently abandoned.
Margaret Ferguson v Iain Ferguson [2015] CSIH 63; Civil jury trial 2014
Appeal following Civil jury trial in respect of dog bite and defences available under Animal (Scotland) Act 1987. Successfully appearing on behalf of defender as principal counsel.
Fiona Brown v East Lothian Council 2013 SLT 721
Acting for defenders debating applicability of Workplace Regulations to self-employed person hiring premises
Dawson v Page 2012 Rep LR 56; 2013 GWD 13-289
Successfully defending personal injury claim under Occupiers’ Liability (Scotland) Act 1960 and maintaining decision on appeal
James Smith v Opportunus Fishing Co Limited 2011 Rep LR 34
Successfully representing pursuer in damages action for head injury suffered on commercial vessel
James McIlvaney v A Gordon & Co Ltd 2010 GWD 31-649
Successfully arguing for modification of fees to nil given acceptable pre-litigation offer
Patricia Welsh v Neil Brady 2009 SLT 747
Junior counsel for respondents in appeal regarding strict liability under Animals (Scotland) Act 1987
Eric Robinson v Midlothian Council 2009 GWD 27-443
Junior counsel successfully defending at proof one of the first industrial deafness cases brought by a teacher
Shaughnessy v Cook, March 2017
Part heard proof at Dundee Sheriff Court in respect of dilapidations dispute – case settled
West Dumbartonshire Council v William Thompson and Son (Dumbarton) Limited [2015] CSIH 93
Proof and thereafter appeal to Inner House regarding rent review notice
Sane Investments Limited v Astra Zeneca UK Ltd 2013 GWD 19-386
Hearing regarding objections to joint expert report in context of dilapidations action
Morris v Eason 2012 GWD 22-564
General practitioner leases, occupation and title to sue
Scott v Muir 2012 SLT (Sh Ct) 179
Irritancy, debate regarding validity of notices
South Uist Estates Limited and ors v Murdo Mackenzie
Successfully arguing at proof that crofter’s land formed part of common grazings immediately prior to apportionment
Buchan v WJA & HA Beaton 2012 GWD 5 – 90
Successful proof to restore servitude of aqueduct, acting for pursuer
James Jarron v Robert Stuart and anor LTS/TC/2010/18
Successfully seeking variation of title condition
Beaghmor Property Limited v Station Properties Limited 2009 GWD 35-589
Exclusive purchasing agreements, successfully arguing against limitation of loss to ‘wasted costs’
Reference by Scottish Ministers – Application of Pairc Trust section 81 Land Reform (Scotland) Act 2005
Junior representing Pairc Trust in first application to Land Court in crofting community right to buy case.
CGIS (Westergate) Limited v British Telecommunications plc
Acting for defenders in significant dilapidations claim in respect of Westergate Chambers in Glasgow
FAI into the death of Colin Penrose, 2017
Inquiry into the murder of Colin Penrose whilst an inmate at HMP Barlinnie – representing Greater Glasgow Health Board
FAI of Elijah Stirling 2015 FAI 10
Inquiry into the sudden death of Elijah Stirling – Representing family in inquiry into the death of Elijah Stirling following rupture of his mother’s uterus at birth
Inquiry into the death of Brian Rano
Inquiry into the death of Brian Rano, Sheriff Deutsch, Glasgow Sheriff Court May 2012
Inquiry into the deaths of Winsborough and Anderson 2011 FAI 37
Inquiry sought into what were thought to be two of the first deaths in Scotland from swine flu
Inquiry into the death of Rosemary Thompson
Inquiry into the death of Rosemary Thompson, Selkirk Sheriff Court, 12 January 2010
Fiona Brown v East Lothian Council 2013 SLT 721
Acting for defenders debating applicability of Workplace Regulations to self-employed person hiring premises
George Allende v Mental Health Tribunal for Scotland
Acting on behalf of health board in appeal
Opposition to Application for Welfare Guardianship Order of Iain Provan under Adults with Incapacity (Scotland) Act 2000
Acting on behalf of Greater Glasgow Health Board
Reference by Scottish Ministers
Application of Pairc Trust section 81 Land Reform (Scotland) Act 2005
Junior representing Pairc Trust in first application to Land Court in crofting community right to buy case.
Sane Investments Limited v Astra Zeneca UK Ltd 2013 GWD 19-386
Hearing regarding objections to joint expert report in context of dilapidations action
Morris v Eason 2012 GWD 22-564
General practitioner leases, occupation and title to sue
Scott v Muir 2012 SLT (Sh Ct) 179
Irritancy, debate regarding validity of notices
South Uist Estates Limited and ors v Murdo Mackenzie
Successfully arguing at proof that crofter’s land formed part of common grazings immediately prior to apportionment
Buchan v WJA & HA Beaton 2012 GWD 5 – 90
Successful proof to restore servitude of aquaduct, acting for pursuer
James Smith v Opportunus Fishing Co Limited 2011 Rep LR 34
Successfully representing pursuer in damages action for head injury suffered on commercial vessel
James Jarron v Robert Stuart and anor LTS/TC/2010/18
Successfully seeking variation of title condition
Beaghmor Property Limited v Station Properties Limited 2009 GWD 35-589
Exclusive purchasing agreements, successfully arguing against limitation of loss to ‘wasted costs’
Ross Campbell v Double Group Contracts Limited 2007 CSOH 10
Successfully arguing against late attempt to object to auditor’s report
Altradius Credit Insurance NV v Whyte and Mackay Ltd 2005 CSOH 23
Junior in commercial insurance action.
CGIS (Westergate) Limited v British Telecommunications plc
Acting for defenders in significant dilapidations claim in respect of Westergate Chambers in Glasgow
General Contact
ampersandclerks@advocates.org.uk
0131 260 5674
The Clerking team
Alan Moffat | Advocates’ Clerk
alan.moffat@advocates.org.uk – +44 (0)131 260 5710
Jennifer Dunn | Deputy Advocates’ Clerk
(working days Monday to Thursday, 10am to 4pm)
jennifer.dunn@advocates.org.uk – +44 (0)131 260 5614
Sheena Hume | Deputy Advocates’ Clerk
sheena.hume@advocates.org.uk – +44 (0)131 260 5809
Shawn McArthur | Deputy Advocates’ Clerk
shawn.mcarthur@advocates.org.uk – +44 (0)131 260 5616
Kathryn Ferguson | Deputy Advocates’ Clerk
kathryn.ferguson@advocates.org.uk – +44 (0)131 260 5660
- LLB; DipLP: Edinburgh University – 1989 to 1994
- Diplome de droit francais: Universite de Paris Sud – 1991/92
Current
- Faculty Representative on Legal Services Group for Citizens Advice Scotland – 2012 to date
- Committee member of the Faculty of Advocates Free Legal Services Unit – 2009 to date
- Committee Member Tumbling Lassie Committee – 2016 to date
- Committee Member Ampersand Charity Committee – 2016 to date
Previously
- Law Society Forum for School Leavers representing Faculty of Advocates
- Member of Faculty Committee for Response to Scottish Law Commission Proposals on Interest on Damages
- Assisting with organisation of Eurodevils programme – 2012 – 2014
- Pathways to Professions ‘Roadshow’ representing Faculty of Advocates
- Judicial Studies Course, assisting in training course for Senators and Sheriffs organised by the Judicial Studies Committee
Publications
- Romalpa clauses – the next step, JLSS, 1991, 36(10), 384-385
Lectures (selected)
- Commercial Property Conference, CLT, March 2017 Commercial Property Case Update, DLA, October 2016
- Commercial Property Conference, Solicitors Group, May 2015
- Medico-legal Expert Writing Workshop, Professional Solutions, April 2016
- Advocacy Skills Course, Ampersand, December 2016
- Previously taught Civil Court Practice paralegal course at SLAB