James McConnell

Year of Call: 2006

0131 260 5674
james.mcconnell@advocates.org.uk

Photo of James McConnell

James McConnell has a practice that mainly focusses on clinical negligence. He is also frequently instructed in inquiries with a medical element. He acts for pursuers and defenders in roughly equal proportions. He is Band 1 ranked by Chambers and Partners in Clinical Negligence and by the Legal 500 in Personal Injury and Medical Negligence.

 

Cases:

Clinical Liability

SD v Grampian Health Board [2024] CSIH 7: counsel for the defenders and respondents in a reclaiming motion arising from a birth injury proof.”

D v NHS Fife Health Board [2022] SAC (Civ) 27:  counsel for the defenders in an appeal concerning ex turpi causa and questions of the scope of a psychiatrist’s duty.

D v Grampian Health Board [2022] CSOH 63:  junior counsel for the defenders in a four-week clinical negligence proof concerning a birth injury.

Henderson v Benarty Medical Practice [2022] CSOH 28:  junior counsel for the pursuer in a clinical negligence proof on breach of duty regarding alleged late identification of sepsis and subsequent amputations

O’Grady v Greater Glasgow Health Board and others, 5 May 2022, unreported, Sheriff K J Campbell QC: counsel for the first defenders in a preliminary proof on time bar in a medical negligence case.

Johnstone v Grampian Health Board [2019] CSOH 90: counsel for the defenders in a clinical negligence case concerning alleged failures by an endocrinologist and neurosurgeon in the process of obtaining consent for pituitary surgery.

Malone v Greater Glasgow and Clyde Health Board [2017] CSOH 31: junior counsel for the pursuer in a clinical negligence proof concerning alleged failures by a consultant haematologist.

Britten v Tayside Health Board [2016] SC DUN 75: counsel for the pursuer in a clinical negligence proof concerning the alleged failure of consultant haematologists to obtain his informed consent to treat him with oral steroids.

Henderson v Greater Glasgow Health Board 2014 SC 681; [2014] CSIH 41: junior counsel for the defenders in a reclaiming motion regarding amendment in the course of a clinical negligence proof.

Personal Injury

Fenwick v Dundas 2022 SLT 1114: junior counsel for one defender in a debate arising out of an accident suffered as a result of collapse of a part of a property, and concerning questions of res ispa loquitor.

Calder v Highland Council, 28 July 2022, unreported, Sheriff R D M Fife: counsel for the defenders in a proof in relation to an accident to a primary school pupil support assistant while on a school trip.

Egan v Glasgow City Council [2019] SC EDIN 19: counsel for the defenders in claims by a teacher and a classroom assistant, who worked at a primary school specialising in pupils with complex needs, for injuries inflicted on them by pupils.

LC v City of Edinburgh Council [2017] SC EDIN 84: counsel for the defenders in a proof arising out an accident suffered by a parent in a primary school playground.

Ahmed v QBE and another: counsel for the appellant in an appeal regarding expenses.

Dow v AMEC Group [2016] CSOH 176; 2017 G.W.D. 3-40 and [2017]CSIH 75: junior counsel for the defenders in a personal injury proof and subsequent reclaiming motion.

McCabe v Royal Mail: counsel for the defenders in a personal injury proof regarding manual handling and causation.

Clark v Shirra, February 2012, Lord Stewart and a jury: junior counsel for the pursuer in a jury trial.

Commercial Dispute Resolution

Glen Clyde Whisky v Campbell Meyer & Co [2015] CSOH 97; 2016 S.C.L.R. 341; 2015 G.W.D. 24-422: junior counsel for the defender and counterclaimer in a commercial proof regarding breach of contract.

Maclay Murray & Spens v Orr: counsel for the respondents in an appeal relating to summary decree.

D’Mello v Scott and Hobbs, unreported, Sheriff Holligan, 13 September 2013: counsel for the first defenders in a property damage proof.

Administrative & Public Law
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

LLB (Hons) – 2:1 – July 1998
Diploma in Legal Practice – July 1999

Memberships

University of Edinburgh – Diploma in Legal Practice, Civil Court Practice Tutor – 2008 to 2012

Court And Tribunal Experience

James appears frequently in the Court of Session and in the sheriff courts. He has conducted proofs and debates at both levels. A selection of opinions from some recent cases in which he has been involved can be found in the cases section.

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