Simon Di Rollo KC FCIArb

Year of Call: 1987
Silk: 2002

07739 639005
sdirollo@advocates.org.uk

Photo of Simon Di Rollo KC FCIArb

Experienced in a range of personal injury and medical negligence claims.

Legal 500

Simon Di Rollo KC called in 1987 and took silk in February 2002. He has appeared in many important cases in both the Civil and Criminal courts including Supreme Court/House of Lords and JSPC. He has extensive and wide-ranging experience in other courts and tribunals including the GMC, the Disciplinary Tribunal of the Institute of Chartered Accountants of Scotland and the Court of Arbitration for Sport at Lausanne. He has appeared in numerous Fatal Accident Inquiries and public inquiries. From 2010 to March 2012 he represented Patients Relatives and the Haemophilia Society in the Penrose Inquiry into contaminated blood and blood products. He was appointed Crown Counsel between 1997 and 2000 and has also appeared for the Crown numerous high profile cases since 2000. He lectured in civil procedure at the University of Edinburgh from 2000 until 2012 and was a member of the Sheriff Court Rules Council from 2002 until 2011. Since 2012 most of his work has been in the field of high value reparation in the Court of Session for both pursuers and defenders. He has particular expertise in industrial diseases. He is regularly instructed in clinical and professional negligence cases. Simon was admitted to the Chartered Institute of Arbitrators in 2017 and as a Fellow in September 2018.

In 2016 he was appointed as Director of the Quality Assurance Programme for the Faculty of Advocates. He has conducted numerous civil jury trials successfully. He is ranked Band 1 in Chambers 2017 for Personal Injury:

“A specialist in high-value and complex catastrophic injury claims. He has a broad practice covering industrial disease, employers’ liability and medical negligence claims.

Strengths: “He is eloquent and good on his feet, delivering his point very well.” “He has a very good commercial head on him which insurers appreciate.” “He is excellent at knowing the tactics the other team will employ.”

Recent selected cases

Mather v Easyjet Airline Co ltd [2023] CSIH 8
Liability of airline under the Montreal Convention for unlimited damages. Establishment of alternative case under applicable (German) law.

B V Congregation of Sisters of Nazareth [2022] CSIH 52
Leading case on application of time bar in civil cases involving historical abuse.

B v English Province of the Congregation of Christian Brothers [2022] 1 WLUK 453
Leading case for establishing historical sexual abuse allegations.

Gibson v Babcock International [2018] CSOH 78
Leading case in secondary exposure to asbestos.

Elizabeth Fairley v Edinburgh Trams Ltd and City of Edinburgh Council [2019] CSOH 50 / Iain Lowdean v TIE Ltd and City of Edinburgh Council [2019] CSOH 50 and City of Edinburgh Council [2019] CSOH 50 / Iain Lowdean v TIE Ltd and City of Edinburgh Council [2019] CSOH 50
A successful victory for cyclists injured on tram rails on the street section of the Edinburgh tram system

Denise Clair v David Goodwillie and David Robertson [2017] CSOH 5; 2017 S.L.T. 79
A successful civil claim for rape brought against two professional footballers. First case of its kind in Scotland in modern era

Hunter’s Executrix Nominate v Advocate General for Scotland [2016] CSOH 166; 2016 S.L.T. 1287; 2017 Rep. L.R. 14; 2016
Important decision concerning meaning of “child” in section 14 of the Damages (Scotland) Act 2011 – successfully argued that in the context of the Act the meaning of “child” was not age restricted but was correlative of relationship

Harris v Advocate General for Scotland [2016] CSOH 49; 2016 S.L.T. 572; 2016 Rep. L.R. 106; 2016
Set out the proper basis for valuation of pleural plaques claims upon full and final settlement

W v Advocate General for Scotland [2015] CSOH 111; 2015 S.L.T. 537
Set out the proper basis for valuation of provisional damages in pleural plaques claims under the Damages (Asbestos-related Conditions) (Scotland) Act 2009 – set benchmark for other cases

Scottish Water Business Stream Ltd v Automatic Retailing [2014] CSOH 57
Successful defence of reparation claim following serious flood causing extensive damage at business premises. Complex technical engineering evidence concerning possible failure of component

Hill v Norside Ltd [2013] CSIH 44
Successful resistance of appeal as to level of finding of contributory negligence in catastrophic injury – at common law and under statutory provisions

Cairns v Northern Lighthouse Board [2013] CSOH 22; 2013 S.L.T. 645
A successful claim for liability in respect of an accident at sea brought under the Merchant Shipping (Health and Safety at Work) Regulations 1997. Detailed analysis of regulatory regime under EU law concerning health and safety at work

B v G [2012] UKSC 21; 2012 S.C. (U.K.S.C.) 293; 2012 S.L.T. 840; 2012 S.C.L.R. 428; 2012 Fam. L.R. 56
Supreme Court. Appeal in contact dispute involving parent and child. Detailed consideration of powers and duties of court in cases of that kind

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 Remotely

Jennifer Dunn

Deputy Advocates' Clerk

(working days Mondays to Thursdays)

Working Remotely

Sheena Hume

Deputy Advocates' Clerk

Working Remotely

Shawn McArthur

Deputy Advocates' Clerk

Working Remotely

Kathryn Ferguson

Deputy Advocates' Clerk

Working in Office

Emma Busby

Deputy Advocates' Clerk

Working in Office
Qualifications

1984 – Diploma in Legal Practice
1983 – LLB (Hons) University of Edinburgh

Languages – Italian

Memberships

Professional Experience

February 2002 – Appointed QC


1997 – 2000 – Advocate Depute (Crown Counsel)


July 1987 – Admitted to the Faculty of Advocates


September 1986 – Enrolled as a solicitor following traineeship


1984 – Diploma in Legal Practice


1983 – LLB (Hons) University of Edinburgh


Director of Ampersand 2006 to 2009


Member of Witness Issues Group – Scottish Government 2007 – 2012


Member of Reference Group for Scottish Government Inquiry into Legal Aid 2005/6


Curator of the Advocates Library 2010 -2013


Director of Faculty of Advocates Quality Assurance Programme 2016 (current)


Admitted to the Chartered Institute of Arbitrators – 2017


Admitted as Fellow of the Chartered Institute of Arbitrators – 2018

Court And Tribunal Experience
  • UK Supreme Court/House of Lords/JSPC
  • Court of Session (Inner House and Outer House)
  • Sheriff Court
Publications/Articles

Publications

Consulting Editor Vol 1 Parliament House Book 2008 to present


Annotations to the Ordinary Cause Sheriff’s Court Rules Parliament House Book


Contributor, Green’s Litigation Styles


Case Commentator SLT 2001 – present


Section .172 An unconventional approach? 2001 SLT13


HM Advocate v Sinclair – Legitimate Inference v Illegitimate Speculation – 2008 SCL 151


Teaching

Lecturer in Civil Procedure, University of Edinburgh 2000 – 2012


Advocacy Skills – Faculty of Advocates since 1994


NITA Diploma Advocacy Teacher Training (Harvard) 1996


Tutor in Taxation and Commercial law (LLB Ordinary),1986 to 1989


Centro Studi di Penale Europeo Como “il divieto di difendersi mentendo nella cultura e nella practica guidiziaria di Scozia” (paper delivered in Italian at weekend conference) Sept 2006


Member of the working party and principal author of the Guidance on the Examination of Children in Court (Scottish Executive) 2003

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