Jamie Dawson KC

Year of Call: 2004
Silk: 2020

jamie.dawson@advocates.org.uk
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“He's very thorough and goes into a lot of depth; his advocacy skills are very good”

Chambers & Partners

Jamie Dawson KC called to the Bar in 2004 and took silk in 2020. He has a wide ranging civil practice involving both appearance and advisory work. He has experience of appearing in both the Inner and Outer House of the Court of Session, the High Court of Justiciary and sheriff courts as well as tribunals and public inquiries. The mainstay of his practice is medical and dental negligence cases (pursuer and defender) and public inquiries. He also works in the field of personal injury (pursuer and defender) and defamation and handles insurance and commercial disputes, trust and property cases.

Jamie was instructed as lead Counsel on behalf of the Scottish infected and affected core participants in the UK’s largest ever public inquiry at that time, the Infected Blood Inquiry. The final report was published in May 2024.

Jamie was appointed to the UK Covid-19 Inquiry legal team. He, along with 10 other KC’s,  support Hugo Keith KC, Lead Counsel to the Inquiry, and Martin Smith, Solicitor to the Inquiry, with the preparation and delivery of the Inquiry’s investigative work. He lead Module 2A, Core UK decision-making and political governance – Scotland.

As a junior Counsel, he was recommended in legal directories for his expertise in clinical negligence and personal injury work for several years. Amongst the comments on his practice were the following:

• “Fantastic at dealing with complex medical evidence and technical details.” (Legal 500 (2020), personal injury and clinical negligence work, Band 1)
• “A committed advocate who has vast experience defending clinical negligence cases. His wide-ranging caseload spans such circumstances as birth injuries, dental malpractice and fatal accidents. He also has experience in mental health and cancer diagnosis cases.

Strengths: “He is very good at getting into the details in clinical negligence cases.”(Chambers & Partners (2020), clinical negligence work)
• Strengths: “He is very good at picking up on things and running with them.” “I would describe him as very proactive. He was very good in the case I was on and made a very positive contribution to its conclusion.” (Chambers & Partners (2017), personal injury work)
• “He’s good, thorough and professional.” (Chambers & Partners (2016), clinical negligence work)
• “He is extremely impressive and very helpful too.” (Chambers & Partners (2016), personal injury work)
• Expertise: “He’s very thorough and goes into a lot of depth; his advocacy skills are very good.” (Chambers & Partners (2014), personal injury work)

Commercial

MASH Holdings Limited v Rangers International Football Club

acted for respondents in petition seeing to restrict directors from tabling certain resolutions at company AGM (2015)

Purewal Enterpises Limited Petrs [2008] CSOH 127

liquidation petition regarding the requirements for such a petition to be entertained by the court and the appointment of provisional liquidators (and reclaiming motion) (2008)

Oriental Express (Scotland) Limited v Purewal Enterprises Limited [2008] CSOH 129 & Cathay Loon Fung Limited v Purewal Enterprises Limited 2008 SLT 1111

interim interdict and breach of interim interdict minute hearings (and reclaiming motions) (2008)

Medical and Dental Negligence

Recommended in Chambers & Partners (2016 and 2017) for clinical negligence work

Sharon Hunter v Lanarkshire Health Board

acting for Health Board in case in which pursuer seeks damages for alleged surgical negligence leading to vascular defect and amputation of leg (2017 – ongoing) (with Alan McLean QC)

RG v Lothian Health Board

acting for child in human rights challenge to treatment plan and mental health orders (2017 – ongoing)

Williams & Ors v Capita Insurance

acting for healthcare provider in fatal claim related to allegedly negligent interpretation of medical information relating to heart defect (2016 – ongoing)

Various “Mesh” litigations – acting for various surgeons who are sued for alleged failure in obtaining consent for procedures involving the insertion of polypropylene tapes and meshes (ongoing) (with David Stephenson QC)

Gillian Kidd (for Sophie Kidd) v Lothian Health Board

acting for defenders in multi-million pound obstetric and midwifery negligence cerebral palsy case (2015 – 2016) (with Alan McLean QC)

Alison White v Greater Glasgow Health Board [2015] CSOH 99 (reclaiming motion)

acting for the defenders in a £20 million midwifery negligence cerebral palsy claim (13 week proof with Alan McLean QC) (2013 – present) (proof and reclaiming motion)

Jacqueline Macleod (for Rowan MacLeod) v Highland Health Board [2016] CSIH 25 (Inner house and Supreme court applications)

acted for defenders in 9 day reclaiming motion in multi million pound action in which pursuer asserted negligence on the part of obstetric staff leading to alleged hypoxic-ischaemic brain damage to her daughter (with David Stephenson QC) (2015 – 2017)

Karen Beveridge v Lothian Health Board (unreported)

acted for the pursuer in this complex medical negligence action relating to obstetric advice regarding the risks of pregnancy resulting in the pursuer suffering a uterine rupture (2012)

Susan Finlayson v Grampian NHS Trust (unreported)

acted for the pursuer in this high value high value cerebral palsy case (2008) (with John L Mitchell QC)

Deborah Ritchie v Yorkhill NHS Trust (unreported)

acted for the pursuer in this obstetric negligence case in which the pursuer sought damages on behalf of her son, who suffered from cerebral palsy (2005) (with John L Mitchell QC)

Reparation

Recommended in Chambers & Partners (2014, 2015, 2016 and 2017) for personal injury work

Kelly & Kissling v UK Insurance Ltd & Anr

acting for pursuers in two related actions arising out fatality of a relative in a road traffic accident, with automatism defence (2017 – ongoing)

Zoe Brown v Martin Scullion & Ors

acting for third party (employer) in case in which pursuer seeks damages on behalf of daughter in respect of death of her father – death occurred in RTA in France, case governed by French law (2015 – 2016)

Douglas Dickson v Stuart Kinsman & Anr [2013] CSOH 111

Court of Session road traffic reparation proof (2012/13)

Lesley Jackson v Andrew Murray & Anr [2012] CSOH 100 and [2012] CSIH 100

acted for defenders in this Outer House proof on liability for a road traffic accident in a catastrophic case (with Gerry Hanretty QC (Outer House) and Andrew Young QC (Inner House)) (2012)

Douglas Sim v DFS Furniture Limited & Ors (unreported)

acted for third parties in multi-party serious accident personal injury action (2009)

David Pearce v Steven Ferguson & Anr [2009] CSOH 39

Outer House procedure roll debate in dangerous activity accident case (2009)

Steven Tierney v Biffa Waste Management Ltd & Anr [2005] CSOH 18

acted for the third party in this personal injury proof (2005) (with Jim Peoples QC)

Procedure

Raymond McGregor v Alpha Airports plc [2010] CSOH 51 and [2010] CSOH 137

Court of Session applications on the subject of caution

Raymond McGregor v Alpha Airports plc [2010] CSOH 110

Court of Session application concerning a time barred amendment

Trusts

The Congregation of Partick Free Church of Scotland & Ors v The Congregation of Partick Free Church of Scotland (Continuing) & Ors (unreported)

dispute over ownership of and entitlement to the benefit of congregational trust property (with James McNeill QC and subsequently Robert Howie QC)

Moderator of the General Assembly of the Free Church of Scotland v Interim moderator of the Congregation of Strath Free Church of Scotland (Continuing) 2009 SLT 973 and [2011] CSIH 52

Outer House procedure roll debate dealing with issues of competency and relevancy in a dispute over ownership of and entitlement to the benefit of trust property (and reclaiming motion and advice re appeal to Supreme Court) (2009 and 2010) (with James McNeill QC)

Free Church of Scotland (Continuing) v Free Church of Scotland 2005 SC 396

acted for the pursuers in a dispute regarding the identity of the true beneficiaries under a trust (4 week debate in the Outer House and reclaiming motion) (2004 and 2005) (with James McNeill QC)

Various trust variation petitions in the Inner House

Defamation

David Lyons v Chief Constable of Strathclyde Police [2013] CSIH 46

instructed on behalf of Chief Constable in reclaiming motion in action in which pursuer seeks damages for defamation and breach of obligations under the Data Protection Act 1998 in respect of the release of police intelligence to licensing authorities (2013) (with Maria Maguire QC)

Inquiries

Fatal Accident Inquiry into the death of Andrew Logan (Dumbarton sheriff court)

instructed for Greater Glasgow Health Board in this FAI involving the sudden death of a man from a ruptured aneurysm (2014  – 2015)

Penrose Inquiry:

Instructed as first junior for the patient and relative core participants in the Penrose Inquiry into infections with HIV and hepatitis C from contaminated blood (2011 – 2012) (with Simon di Rollo QC and Laura-Anne van der Westhuizen)

Worked with vast quantities of documentary material relating to the Inquiry’s reference period of nearly 40 years

Prepared and conducted the cross examination of numerous witnesses, including expert medical witnesses and government officials (both administrative and medical)

Wrote detailed submissions on 6 of the 14 topics covered by the Inquiry and revised submissions prepared by colleagues

Gave regular advice on judicial review proceedings against the decisions of the Inquiry. This involved some consideration of the Scotland Act 1998, given the restrictions on the competence of a Scottish Inquiry instituted under the Inquiries Act 2005.

Prepared numerous submissions to the Inquiry on procedural matters.

In particular, Jamie was responsible for dealing with the sections relating to specific and non-specific testing for the presence of hepatitis C antibodies in blood collected in Scotland. These sections involved detailed consideration of the workings of the government in Scotland and in the United Kingdom, governmental decision making and the interaction between civil servants and the Scottish National Blood Transfusion Service in the 1980s and early 1990s.

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

September 2020 – Appointed Queen’s Counsel


July 2004 – Admitted to the Faculty of Advocates


2003 – Admitted as a solicitor following traineeship


2001 – Diploma in Legal Practice, University of Edinburgh


2000 – LLB (with Distinction), University of Edinburgh


1998 – BA (Hons) (Modern Languages), St Catherine’s College, University of Oxford (upper second in French and German)

Memberships

Elected to the Faculty Council (2016 to present)


Ad hoc Advocate depute (2013 – 2016)


Involved in redrafting Ampersand stable constitution (2013)


Involved in drafting materials for the Faculty of Advocates devils’ training course (2013)


Represented the Faculty of Advocates in consultation process relating to the Scottish Government civil courts review (2012)


Undertaken reporting of Court of Session opinions for Faculty of Advocates library internal index of cases (2008 – 2012)


Instructor on the Faculty of Advocates devils’ training course (2010 to present)


Undertaken the Faculty of Advocates instructors’ training course (2011)


Member of the Ampersand Management Committee (2007 – 2011)


Part of Faculty sub-committee working on Scottish Government consultation paper re proposed changes to the Inquiries (Scotland) Rules 2007


Part of Faculty sub-committee working on a response to the Sheriff Court Rules Council re the suitability of a chapter 43 style set of rules to summary cause procedure


Part of Faculty sub-committee working on a response to Lord Gill’s civil justice review, particularly insofar as it relates to personal injury work


Part of Faculty sub-committee working on a response to a Scottish Government consultation paper regarding the use of intermediaries for vulnerable witnesses in Scotland


Part of Faculty sub-committee working on a response to the Education Committee of the Scottish Parliament regarding the Protection of Vulnerable Groups (Scotland) Bill


Part of Faculty sub-committee working on a response to the Scottish Law Commission discussion paper on


Land Registration: Registration, Rectification and Indemnity


Part time tutor in the Law of Obligations, University of Edinburgh (2001-2004)


2001 to 2003 – trainee solicitor with Messrs Shepherd & Wedderburn WS, Edinburgh and Glasgow, with experience in construction, banking, commercial property and civil litigation (clinical negligence and personal injury) and subsequently assistant solicitor (medical negligence)


2000 to 2001 – worked part-time during diploma year with Shepherd & Wedderburn parliamentary consultancy department


Part time tutor in Contract Law, University of Edinburgh (2000-2001)


Part time tutor in Evidence, University of Edinburgh (2000-2001)

Court And Tribunal Experience

Inner and Outer House of Court of Session, sheriff court, High Court of Justiciary


Various tribunals including Health Professions Council, Church of Scotland

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