Stephen Bell

Year of Call: 1996

07739 638933
stephen.bell@advocates.org.uk

Photo of Stephen Bell

Stephen Bell called in 1996 after 13 years in practice as a solicitor during which he was a litigation partner in firms in Edinburgh and Aberdeen. He has a wide ranging civil practice, including family law (both financial provision and child law), commercial law and reparation. He is regularly instructed in professional negligence cases, including medical negligence. He acts for and against private individuals and corporations. He also has experience of acting for and against local authorities, particularly in adoption applications. He provides written advice on a wide variety of matters.

Family Law

T v M (Sheriff Principal Scott, Glasgow November 2013, unreported at present)
Acted for the pursuer and respondent in an appeal against a specific issue order allowing a relocation.  The order had not been suspended, and a relocation had already taken place

O v Aberdeen City Council 2012 SC 60
Acted for the first appellant in an appeal to the Inner House against a freeing order. The case involved the interpretation of transitional provisions of the Adoption and Children (Scotland) Act 2007

M v M 2012 SLT 428 (IH); 2011 SLT (Sh Ct) 170 (Sheriff Principal)
Acted for the pursuer who opposed an intra-UK relocation. Conducted a proof before the sheriff, and an appeal to the Sheriff Principal. Appeared with Alan Dewar QC in the Inner House when the pursuer’s appeal was allowed and the relocation order recalled. The case is currently the leading authority in Scotland

B v B (2009 SLT (Sh Ct) 43)
Acted in an application to the Sheriff Principal to allow a late appeal against an extracted decree of divorce

Commercial Law

Intermoor Ltd Petitioners (Aberdeen Sheriff Court 2013 unreported)
Acted for the provisional liquidator in winding-up petition in which the respondents unsuccessfully argued that the interests of the creditors were best served by the company remaining in provisional liquidation rather than being wound up

S & A Kilcoyne v Killearn Homes (Sheriff Principal Dunlop 2013 unreported)
Acted for the pursuers in opposing defenders’ appeal against the allowance of proof before answer in an action for payment of sums due under a building contract

Maurice Macneill Iona Ltd v Fife Properties Ltd (Sheriff Principal Dunlop, Kirkcaldy Sheriff Court 2013 (unreported)
Acted for the pursuers in an appeal against refusal of interim interdict against breach of a franchise agreement restraining competition

Rock Unique v Macintyre (Sheriff Principal Kerr, Paisley Sheriff Court – currently at avizandum)
Acted for the pursuers in a claim for payment for the supply of a quantity of stone. The case involved an issue of novation of a pre-existing contract by the defender

Maurice McNeill Iona Ltd v McLean (2011 GWD 23-514)
Acted for the pursuers in a debate in an action for payment of sums due under a franchise agreement. The sheriff excluded the defenders’ averments of breach of contract from probation

Page v GE Money Home Lending Ltd (Lord Menzies, 2010 unreported)
Acted for the defenders in an action for reduction of a standard security. The defenders counterclaimed in respect of the pursuer’s unjust enrichment. At procedure roll the pursuer sought dismissal of the counterclaim. Proof before answer was allowed

Watertite Ltd v North Lanarkshire Council [2010] CSIH 50
Acted for pursuers in an action for payment of commission due to them in terms of a consultancy agreement. Conducted the proof before the sheriff and appeared with Simon Di Rollo QC in the Inner House where the defenders’ appeal was refused

DFR Properties Ltd v Glen House Properties 2007 SC 74
Acted for the defenders in a sheriff court proof in an action of damages for breach of contract. The defenders’ case involved the implication of a term in fact in a commercial factoring agreement. Appeared with Alan Dewar QC in the pursuers’ appeal to the Inner House, which was refused.

Sweet Service Ltd v MacCallum 2005 SCLR 376
Acted for the pursuers in an action for rectification of a contract. Conducted a successful appeal to the sheriff principal against an award of expenses

Advocate General v Zaoui 2001 SC 448
Appeared for the respondent in an appeal to the Inner House against an interlocutor of the sheriff allowing proof of the sufficiency of security offered by the debtor in opposition to the sequestration of his estates

Roy v MR Pearlman Ltd 1999 SC 459
This was an early example of the interpretation in Scotland of the Commercial Agents (Council Directive) Regulations 1993. Conducted a procedure roll debate for the defenders where the relationship between the Directive and the existing Scots law of agency was explored

Bankruptcy And Insolvency Law

Intermoor Ltd Petitioners (Aberdeen Sheriff Court 2013 unreported)
Acted for the provisional liquidator in winding-up petition in which the respondents unsuccessfully argued that the interests of the creditors were best served by the company remaining in provisional liquidation rather than being wound up

Advocate General v Zaoui 2001 SC 448
Appeared for the respondent in an appeal to the Inner House against an interlocutor of the sheriff allowing proof of the sufficiency of security offered by the debtor in opposition to the sequestration of his estates

Medical/Clinical Negligence Law

Stalker v Lothian Health Board (Lord Uist 2008 unreported)
Acted with Colin MacAulay QC in a high value medical negligence case in which the pursuer developed neuropathic pain due to injuries sustained in an abortive surgical procedure

Personal Injury Law

Sinclair v McMenemy (Second Division 2011 unreported)
This was a time-barred high value personal injury action involving a significant psychological component. Acted in a preliminary proof on a section 19A application with Neil Brailsford QC (as he then was) then conducted a proof at large.  Finally acted in the defender’s appeal to the Inner House with Alan Dewar QC

Administrative Law (including judicial review)

Cunningham v East Lothian Council – (Lord Pentland 2012)
Acted with Alan Dewar QC in a judicial review of decisions of the local authority finding that the petitioner was liable for residential care home charges because her capital assets exceed the permitted maximum value.  The decision has been reclaimed by the respondents

Montgomery Litho Ltd v East Lothian Council (Haddington Sheriff Court 2010, unreported]
Acted in a proof in a statutory appeal against a noise abatement notice, involving complex acoustic evidence.

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

Working Remotely

Kathryn Ferguson

Deputy Advocates' Clerk

Working in Office

Emma Busby

Deputy Advocates' Clerk

Working in Office
Qualifications/Education

1982: Diploma in Legal Practice, The University of Edinburgh


1981: LLB (Hons) The University of Edinburgh

Court and Tribunal Experience

Stephen has extensive court experience. He has a busy sheriff court practice, but is also regularly instructed in the Court of Session, including the Inner House. He has tribunal experience, having appeared in the Employment Appeals Tribunal and Mental Health Tribunals. He has conducted commercial arbitrations and mediations.

Publications/Articles

Stephen has delivered seminars to solicitors on family law, civil procedure and written pleadings.