Isla Davie KC

Year of Call: 2004
Silk: 2019

07739 638980
isla.davie@advocates.org.uk

Photo of Isla Davie KC

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.

Medical/Clinical Negligence Law

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.

Personal Injury Law

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

Property Law And Conveyancing

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

Public inquiries & Fatal Accident Inquiries

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

Local Government Law

Fiona Brown v East Lothian Council 2013 SLT 721

Acting for defenders debating applicability of Workplace Regulations to self-employed person hiring premises

Mental Health Law

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

Administrative Law (including judicial review)

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.

Commercial Law

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

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
  • LLB; DipLP: Edinburgh University – 1989 to 1994
  • Diplome de droit francais: Universite de Paris Sud – 1991/92
Memberships

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

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