Malcolm Thomson KC

Year of Call: 1974
Silk: 1987

07739 639002
malcolm.thomson@advocates.org.uk

Photo of Malcolm Thomson KC

He is a superb and highly regarded planning specialist; he always shows very sound commercial reasoning

Chambers & Partners

Malcolm Thomson KC has had a varied civil practice, including contractual disputes, reparation (including personal injury and professional negligence claims of all sorts), child care, Judicial Review, Fatal Accident Inquiries and discipline appeals for a major police force. He concentrates now on planning and related property matters acting for various developers, land owners, objectors, planning and roads authorities and the Scottish Ministers both at inquiries and judicial proceedings. Recently he has advised and represented at inquiries both promoters of and objectors to flood prevention schemes. He also sits as an arbiter in various construction and property related disputes and was a Temporary Judge in the Court of Session and High Court of Justiciary from 2002 to 2017.

He is ranked by Chambers and Partners as a leading silk for Planning and Environmental law and Administrative and Public law.

Experience

Malcolm Thomson has extensive experience in the UK Supreme Court (and formerly in House of Lords), Court of Session (Inner and Outer Houses), Sheriff Courts and at numerous planning appeal inquiries, local plan inquiries, enforcement appeal inquiries, compulsory purchase and roads related inquiries and hearings, including proceedings before the Scottish Parliament and under the Transport and Works (Scotland) Act 2007. He has appeared in disputed compensation claims before the Lands Tribunal for Scotland. He has also appeared at a number of Fatal Accident Inquiries.

Planning and environmental law

Flood Prevention Schemes Water of Leith FPS for objectors; Forres FPS for objectors; Elgin FPS for objectors; White Cart Water FPS for promoters

City of Edinburgh Congestion Charging Scheme inquiry

City of Edinburgh Traffic Management hearing

Renewable Energy  Sustainable Shetland v The Scottish Ministers (Scotland) [2015] UKSC 4 Acted for the respondents on appeal to the UKSC from a judicial review of a decision of the Scottish Ministers granting consent under s. 36 of the Electricity Act 1989 and deemed planning permission for the construction and operation of a 103 turbine windfarm in Shetland. Outer House at [2013] CSOH 158, 2013 SLT 1173 and Inner House [2014] CSIH 60

North Lanarkshire Council v The Scottish Ministers, [2013] CSIH 58 Acted for the respondents, the Scottish Government, in a statutory appeal by the planning authority against an appeal decision of the Scottish Ministers granting planning permission for a materials recovery and renewable energy facility.

RSPB v Scottish Ministers, [2016] CSOH 103 Acted for interested party in judicial review for one of four offshore wind farms  Retail  Tesco Stores Ltd v Dundee City Council, [2012] UKSC 13, 2012 SLT 739.

Miller Homes Ltd v Scottish Ministers, [2015] CSIH 20.

Bova v Highland Council, 2013 SC 510 Acted for the respondents, the planning authority, in a reclaiming motion in judicial review proceedings challenging a grant of planning permission for a housing development.

Tesco Stores Ltd v Dundee City Council, [2012] UKSC 13, 2012 SLT 739.

Advising on planning issues in relation to redevelopment of the Ravenscraig site For Planning Authority; and the Caltongate development in Edinburgh (for the applicants)

Private Bill proceedings before the Scottish Parliament – Including Edinburgh Tram (Line One) and (Line Two) Acts 2006 and the Edinburgh Airport Rail Link Act 2007) – advising on related legal issues including ECHR issues Edinburgh Congestion Charging inquiry. Advising on various associated matters including the related Regulations and Guidance, the inquiry format and procedure and the relationship between the Scheme and the Local Transport Strategy City of Edinburgh Congestion Charging Scheme inquiry City of Edinburgh Traffic Management hearing

Acted for promoter of the Network Rail (Glasgow Queen Street Station) Order – Public inquiry Acted for promoter of compulsory purchase order for the re-development of St James Centre in Edinburgh

Public inquiry acting for promoter of the order for the M8 extension and the M8/M73/M74 network improvement

Public inquiry Acted for developer of a biomass heat and energy plant at Grangemouth

Public inquiries & Fatal Accident Inquiries

Edinburgh Congestion Charging inquiry. Advising on various associated matters including the related Regulations and Guidance, the inquiry format and procedure and the relationship between the Scheme and the Local Transport Strategy

Forth Road Bridge – Revised Schedule of Tolls 2004 inquiry

Orkney Inquiry Child abuse claims

Constitutional Law

Advising the Crown Estate on constitutional matters

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 (switchboard 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 in Office

Shawn McArthur

Deputy Advocates' Clerk

Working Remotely

Kathryn Ferguson

Deputy Advocates' Clerk

Working Remotely

Emma Busby

Deputy Advocates' Clerk

Working Remotely
Qualifications

Advocate in practice at the Scottish Bar since 1974


Took silk in 1987


Called to the English Bar in 1991


Standing Junior Counsel to the Department of Agriculture and Fisheries and to the Forestry Commission in Scotland, 1982 to 1987


Chairman of NHS Tribunal in Scotland, 1995 to 2005


Member of the Scottish Legal Aid Board, 1998 to 2006


Deputy Chairman and Convener of Legal Services Sub-Committee, 2002 to 2006


Trustee of the National Library of Scotland, 1995 to 2012, Convener of Audit Committee, 2000 to 2012, Deputy Chairman, 2005 to 2012


Temporary Judge in the Court of Session and High Court of Justiciary, 2002 to 2017


Appeals Assessor for Guernsey Legal Aid Service, 2006 to date


Non-executive director of Restitution Limited, a litigation financing company, 2012 to date

Publications

Non-executive director of W. Green & Son Ltd., Law Publishers, 1976 – 2000


Editor “Scots Law Times” Reports, 1989 – 1999, thereafter consultant editor


Scottish case editor – “Current Law”, 1977 – 1996, thereafter consultant editor until 2011


Assistant editor, “Scottish Planning Encyclopedia”, 1996 – date


Assistant editor, “Scottish Local Government Legislation”, 1998 – 2002