Paul Reid KC

Ranked by Chambers and Partners as a Band 1 junior (“an excellent junior with experience appearing unled”), Paul has an extensive experience of professional liability claims. He has been instructed by a broad range of professional, and their insurers, but has particular experience of claims against solicitors and construction professionals. Paul has extensive experience in mediation and other forms of alternative dispute resolution in respect of professional liability claims. Consequently, few require to proceed to a contested hearing.

Selected cases

Midlothian Council v Bracewell Stirling and others [2017] CSOH 87; [2018] CSIH 21
Professional negligence action arising from house development which is said to be on contaminated land; proper construction of contract; whether the Council acted reasonably in mitigating its losses; instructed for architects

Watling Street Actions [2017] CSIH 12
Multiple actions concerning alleged ground contamination at site of housing development; for engineers; class action

Bank of Ireland v Knight Frank [2015] CSOH 157
Acting for defenders in professional negligence claim against firm of solicitors; preliminary proof on jurisdiction and incorporation of defenders’ standard terms and conditions

Manorgate Limited v First Property Services Limited [2013] CSOH 108
Professional negligence claim against property search company arising from failure to disclose archaeological status of a site on a Property Enquiry Certificate

Commodity Solution Services Ltd v First Scottish Searching Services Ltd 2019 SC (SAC) 41
Professional negligence claim against property search company; whether duty of care owed to the holder of an inhibition; whether duty of care owed in relation to pure economic loss

Paul is regularly instructed in professional regulatory matters, both for regulators and professionals. He has experience of appearing before a range of regulatory tribunals and at appellate stage before the Inner House of the Court of Session. He has been instructed in many of the most recent healthcare appeals to the Court of Session and is frequently instructed to represent other lawyers (both solicitors and counsel). He has a particular interest in sporting regulation. As will as conducting regulatory proceedings (both before tribunals and the court), Paul advises on a range of regulatory issues.

Selected Case

K v GMC 2023 SC 1
Appeal against extension of an interim order imposed by the GMC. Consideration of the effect of a criminal acquittal on follow-on regulatory proceedings (which was a novel issue in Scotland). Successfully having the interim order revoked. Acting for the appellant professional.

W v HCPC 2022 SLT 1302
First appeal against a decision of the HCPC in Scotland. Whether period of suspension of proportionate in the circumstances.  Acting for the appellant professional.

Cunningham v Namulas 2021 SLT 1
Appeal against a decision of the Pensions Ombudsman. Whether investigation and determined were fair. Successfully opposing the appeal on behalf of the firm who were the subject of the complaint.

Lindsay v Scottish FA (2021)
Acting for a registered referee in an appeal against disciplinary proceedings arising out of an error made during a semi-professional match. Appeal allowed and guidance given on the approach to sanctioning a match official for such a mistake.

X v GDC [2020] CSIH 71
Acting for a dentist who had been struck off the register having failed to disclose a medical condition but who had exemplary testimonials and who was held to be a person of integrity. Instructed with Alastair Duncan, QC

McLennan v GMC 2020 SC 305
Acting for a consultant who had been struck off the register after they had been found to have provided an inaccurate expert report; proper approach to findings of dishonesty in a regulatory context. Instructed with Alastair Duncan, QC

LK v NMC [2020] CSIH 40
Acting for the NMC in respect of an appeal following lengthy regulatory proceedings against a midwife for a range of clinical errors. Successfully resisting appeal.

Neilly v NMC 2019 SC 565
Acting for the NMC in respect of an out-of-time appeal; proper approach to the requests for an extension of time; restatement of the law in Scotland so as to align it with subsequent developments in England and Wales.

Burton v NMC [2018] CSIH 77
Acting for the NMC in respect of an appeal following regulatory proceedings against a midwife alleging a range of clinical errors.

CCW v SLCC
Application for leave to appeal a decision of the SLCC in respect of the admissibility if a complaint against a firm of solicitors. Resolved prior to permission being determined when the SLCC agreed to reconsider the decision.

OO v Dundee University
Successful appeal on behalf of nursing student in respect of fitness to practice proceedings.

Advice to various professionals (including counsel, solicitors and medical professionals) on professional regulatory issues and appearing before regulatory panels.

Paul is recognised as a clinical liability advocate in Scotland, particularly for defenders. He is routinely instructed by the NHS and medical defence unions in complex and high value claims. He has particular experience in respect of cauda equina claims and was part of the team of counsel that represented the Scottish NHS in the mesh litigation. In this area, he is ranked by Chambers and Partners and described as “approachable, pragmatic and realistic – he’s very easy to work with” and “bright, diligent and good in court”.

Selected cases

Widdowson’s Executrix v Liberty Insurance Ltd 2021 SLT 539
Clinical negligence claim where live issue at proof was apportionment between driver of negligent insurer and health boards where post-accident care had fallen below acceptable standard. Leading authority in Scotland on apportionment in such circumstances. Collateral issues about proper approach to use of expert evidence in apportionment and causation where successive negligent acts.

Andrews v Greater Glasgow Health Board 2019 SLT 727
Clinical negligence claim arising from the death of a patient who had a delayed diagnosis of bowel ischaemia. Whether delayed diagnosis was negligent.  Given other health issues, whether causal link between delay and death (was the case “oversubscribed”).  Consideration of comparative and academic material on issue of causation.

Mesh Litigation 2018 SLT 535
Class action relating to surgical mesh; acting for CLO on behalf of Scottish Health Board’s. Resolved in favour of the Board’s at debate, which considered the proper interpretation and application of the Montgomery decision on informed consent. The approached taken in this case by the Lord Ordinary, which was an adoption of the NHS arguments, subsequently approved by the Supreme Court in McCulloch v Forth Valley Health Board.

Inglis v Brand [2016] SC EDIN 63
Dental Negligence Claim; alleged negligent removal of wisdom tooth causing nerve damage; considering application of Montgomery and the status of prior GDC determination on same Complaint; successfully defending General Dental Practitioner

Bell v Alliance Medical and others [2015] CSOH 34; 2015 SCLR 676
Clinical negligence claim against radiographer; for third party; vicarious liability and non-delegable duties; apportionment of any liability between employer, employee and health board (with Robert Weir, QC)

Midlothian Council v Bracewell Stirling and others [2017] CSOH 87; [2018] CSIH 21
Professional negligence action arising from house development which is said to be on contaminated land; proper construction of contract; whether contract imposed strict liability on architects; instructed for defender architects; case dismissed against architects at debate (with Alastair Duncan, QC)

Albyn Housing Society Ltd v Active Sustainable Energy Systems [2016] CSOH 110
Collateral warranty; whether party entitled to rectification of warranty; proper construction and application of s.8 Law Reform (Miscellaneous Provisions)(Scotland) Act 1985

Bank of Ireland v Knight Frank  [2015] CSOH 157
Acting for defenders in professional negligence claim against firm of solicitors; preliminary proof on jurisdiction and incorporation of defenders’ standard terms and conditions; formation of contract; whether terms incorporated; case dismissed at preliminary proof (with Craig Sandison, QC)

Bruce and Co v Ferguson
Claim for breach of contract by marketing agents; interpretation of contract; successfully defended at proof in 2012 and decision upheld on appeal to Sheriff Principal

In December 2020, Paul was appointed First Standing Junior Counsel to the Scottish Government. In that capacity, he is the Scottish Government’s first port of call for their most significant, sensitive and challenging litigation. He has advised the Scottish Government across a wide range of public law and constitutional issues. Paul was first appointed Standing Junior Counsel in February 2015 and throughout his time at the Bar has advised both public bodies and those looking to challenge public decisions. He is the author of one of the leading Scottish textbooks on Public Law and has taught the subject at Edinburgh University since 2004. He was a founding member of the Scottish Public Law Group and is a member of the Edinburgh Centre for Constitutional Law.

He has been ranked as Band 1 by Chambers and Partners, who said: “He’s a very talented, very clever individual with a sound understanding of public law matters.”

Selected cases

Reference by the Lord Advocate under para.34 of sch.6 of the Scotland Act 1998 re independence referendum 2023 SC (UKSC) 40; [2022] 1 WLR 5435
First direct reference to the Supreme Court under para.34 of sch.6 of the Scotland Act 1998. Reference concerned the legislative competence of a proposed Bill to make provision for a second referendum on Scottish independence. First consideration of the proper scope Supreme Court’s jurisdiction under the reference jurisdiction and its proper constitutional function, including whether it should properly accept and determine the reference.

Attorney General for Northern Ireland’s Reference – Abortion Services (Safe Access Zones)(Northern Ireland) Bill [2023] AC 505; [2023] HRLR 3
First intervention by the Lord Advocate in a reference by another UK Law Officer. Bill referred by Northern Ireland Attorney General as possibly outside legislative competence. Lord Advocate intervened in support of the Bill, having regard to the likelihood of similar legislation being introduced in Scotland. Case also considered and confirmed the proper approach to an ab ante challenge to competence based on interference with qualified Convention rights.

Attorney General’s Reference re United Nations Convention on the Rights of the Child (Incorporation)(Scotland) Bill 2022 SC (UKSC) 1; [2021] WLR 5106
Pre-Assent reference by the Attorney General under s.33 of the Scotland Act 1998 (only the second such reference) concerning flagship legislation. Considered and explained the proper approach to the “read down” provisions in the Scotland Act and the relationship between devolved legislation and the sovereignty of the UK Parliament.

Green King, Petitioners 2023 SLT 83
Judicial review challenging the legislative competence of the Tied Pubs (Scotland) Act 2021. Consideration of the proper scope of competition reservations in the Scotland Act 1998 and the effects of EU/retained-EU law and A1P1 of the Convention. Representing the Lord Advocate in responding to the petition.

Halley, Petitioner 2022 SLT 1273
Judicial review by a part-time judicial office holder concerning the obligation upon the Scottish Ministers to provide funding to such a person who was subject to fitness for office proceedings. In particular, where there was an obligation under retained EU law to provide funding.

X, Petitioner 2022 SLT 157
Judicial review by the complainer in judicial fitness for office proceedings based on alleged errors in the investigation and presentation of the case. Whether the case required to be re-heard as a result. First case in respect of the relevant rules.  Representing the Lord Advocate who intervened in the public interest.

Fair Play for Women Limited for Judicial review of the guidance issued by National Records of Scotland to accompany the “sex question” in the 2022 Scottish census [2022] CSOH 20; 2022 SC199
A judicial review Petition by Fair Play for Women Limited challenging the Scottish Census guidance to allow people to identify as male or female regardless of what is on their birth certificate; for Scottish Ministers (with Douglas Ross QC).

Scottish Creel Fishermen’s Federation v Scottish Ministers 2021 SLT 161
Judicial review challenging the proposed regulation of creel fishing in the Inner Sound. Whether the consultation process was lawful. Attracted substantial local interest. Representing the Scottish Ministers.

Dinsmore v Scottish Ministers 2019 SLT 1000
Judicial review centred around a policy adopted by the Scottish Ministers which, in practical terms, was said to mean that the full period the Parliament had allowed for Home Detention Curfew would invariably not be accessible to a prisoner. Whether the police was lawful. Successfully resisting the petition on behalf of the Scottish Ministers.

Adamczak-Gawrychowska v Practitioner Services [2018] SLT 415
Judicial review by dentist complaining about proper construction of Dental Regulations and fairness of process for recovery of additional payments; for the petitioner

Principal Reporter v LZ [2017] CSIH 51; 2017 SLT 961
Children’s hearings; proper construction of jurisdictional rules concerning provisional measures; whether the Sheriff had jurisdiction; correct construction and application of Art.20 of Regulation 2201/2003; issues of both EU and domestic law; appearing for the respondent mother.

Haggerty v Scottish Ministers [2017] CSOH 61
Judicial review by prisoner complaining about delay in period of post-tariff detention; for Scottish Ministers

Errington Cheese, Petitioner
Judicial review by manufacturer about proper application of food safety regulations and fairness of process; for the petitioner

Secretary of State for Work and Pensions v Lanarkshire Health Board  [2014] UKUT 177 (AAC)
Appeal against CRU certificate; interpretation of the Social Security (Recovery of Benefits) Act 1997 and scope of substantive legitimate expectations; appeal subsequently allowed following remit to FTT

As part of his broader public law practice, Paul has particular experience of advising on human rights issues (both in the context of litigation and in a purely advisory context). He has experience of representing the United Kingdom before the European Court of Human Rights and has advised a range of public bodies on Convention-compliance issues.

Selected cases

DB v United Kingdom (ECrtHR)
Complaint to the European Court of Human Rights by a father in respect of the outcome of adoption proceedings. Whether substantive and procedural compliance with Art.8 of the Convention. Acting for the UK Government. Case ongoing

McNamara v United Kingdom (ECrtHR)
Complaint to European Court of Human Rights alleging that length of proceedings breached Art.6; acting for the UK Government

Attorney General for Northern Ireland’s Reference – Abortion Services (Safe Access Zones)(Northern Ireland) Bill [2023] AC 505; [2023] HRLR 3
First intervention by the Lord Advocate in a reference by another UK Law Officer. Bill referred by Northern Ireland Attorney General as possibly outside legislative competence. Lord Advocate intervened in support of the Bill, having regard to the likelihood of similar legislation being introduced in Scotland. Case also considered and confirmed the proper approach to an ab ante challenge to competence based on interference with qualified Convention rights.

Halley, Petitioner 2022 SLT 1273
Judicial review by a part-time judicial office holder concerning the obligation upon the Scottish Ministers to provide funding to such a person who was subject to fitness for office proceedings. In particular, where there was an obligation under retained EU law to provide funding.

Principal Reporter v LZ [2017] CSIH 51; 2017 SLT 961
Children’s hearings; proper construction of jurisdictional rules concerning provisional measures; whether the Sheriff had jurisdiction; correct construction and application of Art.20 of Regulation 2201/2003; issues of both EU and domestic law; appearing for the respondent mother

Errington Cheese, Petitioner
Judicial review by manufacturer about proper application of EU food safety regulations and fairness of process; whether measure was proportionate (both in domestic and EU terms); for the petitioner

Paul has experience of appearing, unled, in some of the highest profile inquiries in recent years. He represented the Glasgow Bin Lorry Driver at the Fatal Accident Inquiry into the December 2014 disaster. He has also appeared in the Scottish Child Abuse Inquiry on behalf of both the Benediction Congregation and Merchiston Castle School and the UK Infected Blood Inquiry on behalf of Prof Ludlam, one of the most important clinicians to have given evidence to that Inquiry. He also regularly appears in Fatal Accident Inquiries.

Selected cases

UK Infected Blood Inquiry
Instructed to represent Prof Christopher Ludlam before the Inquiry, who is the key factual witness to the most relevant events as they relate to Scotland and, to a lesser extent, Wales. Advice in respect of s.21 Notice requiring inperson attendance to give evidence and whether that notice is lawful in the context of current COVID-related restrictions.

Fatal Accident Inquiry into the death of Katie Allan
Instructed to represent SPS at high profile FAI into the death of a young female prisoner, raising issues of overall care for vulnerable prisoners. FAI to take place in January/February 2024

Fatal Accident Inquiry into the death of Sarah Riley
Instructed to represent SPS in high profile FAI into the death of a transgender prisoner. Raising issues about the proper accommodation and management of transgender prisoners. FAI to take place in December 2023

Scottish Child Abuse Inquiry
Instructed to represent the Benediction Congregation over four weeks during the case study into events at Fort Augustus and Carlekemp schools. Separately, instructed to represent Merchiston Castle School in case study into Scottish boarding schools.

Fatal Accident Inquiry into the death of Mark Smith
Representing NHS Tayside at a fatal accident inquiry following a death by a prisoner at HMP Perth; system for reviewing suicide risk of prisoners on admission.

Fatal Accident Inquiry into the death of Barbara Anderson
Representing NHS Highlands at a fatal accident inquiry following a fatal house fire where issues were raised about the home care system provided by the health board and whether the fire had been caused by an electric wheelchair provided.

Fatal Accident Inquiry into the death of Douglas Gordon
Representing general practitioners at fatal accident inquiry following road traffic accident where issues of fitness to drive and proper application of DVLA guidance considered

Glasgow Bin Lorry Fatal Accident Inquiry [2015] FAI 31
Fatal Accident Inquiry into the Glasgow Bin Lorry disaster in December 2014. Conducted over 27 days at Glasgow Sheriff Court, representing the bin lorry driver.

Paul has experience of representing parties in litigation arising out of planning matters, including planning appeals to the Inner House, judicial review proceedings and Lands Tribunal matters. He has experience of appearing unled at appellate level against established planning silks.

Selected cases

SRUC v Scottish Ministers (2023)
Disputed claim for compensation following compulsory acquisition of land in relation to the construction of the AWPR. Representing the Scottish Ministers in the Lands Tribunal at proof in respect of compensation. Resolved extra-judicially part-way through proof.

West Dunbartonshire Council v Scottish Ministers [2021] CSIH 49
Planning appeal by local authority against a decision by the Ministers to grant permission for residential development. Representing Scottish Ministers.

Graham’s The Family Dairy (Property) Limited v Scottish Ministers 2021 SCLR 569
Judicial review of amendment to national planning framework. Whether consultation had been lawfully conducted and whether changes to framework were irrational.

Scottish Creel Fishermen’s Federation v Scottish Ministers 2021 SLT 161
Challenge to policy for creel fishing in the Inner Sound. Whether consultation had been lawfully conducted.

Ogilvie Homes Ltd v Scottish Ministers 2021 SCLR 99
Planning appeal and whether proper account had been taken of previous decisions in respect of same site and whether policy had been properly interpreted.

Gladman Developments Ltd v Scottish Ministers 2020 SLT 898
Planning appeal and whether the Reporter had properly considered and applied the “tilted balance”. Extent to which “tilted balance” formed part of Scottish planning framework.

Paul has acted in personal injury claims throughout his career. He has experience of appearing unled in higher value and/or complex cases. As a Junior, he was often instructed alone even where the other party was represented by Senior Counsel. He acts for both pursuers and defenders and has recent experience acting for insurers in litigation concerning the proper meaning and application of the new limitation rules for historic abuse claims.

B v Sailors Society 2021 SLT 1070
First, and leading, decision on the proper interpretation and application of the amended limitation rules which apply to historic abuse claims. Preliminary proof on limitation after which the claim against the defenders was dismissed.

McLeish v Lothian Health Board [2017] CSOH 71; 2017 Rep LR 90
Personal injury claim against Health Board; for CLO; whether failure to place wet floor sign caused accident

Stalker v Greater Glasgow and Clyde Health Board [2013] CSOH 194
Personal Injury claim against Health Board; for CLO; whether external set of stairs suitably constructed

CW v Trustees of the Archdiocese of St Andrews and Edinburgh [2013] CSOH 185
Limitation of claim of historic child abuse