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Aidan O'Neill QC

Summary

Aidan O'Neill QC is qualified to appear as counsel in the courts of England and Wales as well as in Scotland. He practises in both jurisdictions, and has a public law/commercial practice involving a significant element of advice and court appearances on issues of European law, particularly in the fields of human rights, public and private international law, commercial contract, and employment and discrimination law. Since taking silk in Scotland in 1999 Aidan has maintained a strong profile in discrimination and employment law issues, while his practice has continued to develop in the area of judicial review and in issues of constitutional law post-devolution. He has a particular interest in the inter-relationship between EU law, human rights law and domestic law. He is "roundly regarded as one of Scotland's finest human rights advocates" (The Firm); the Chambers Guide 2007 gives him their highest rating (Band 1) in civil liberties, describing him as "at the very top when it comes to human rights related matters"; while the Legal 500 states that "he is renowned for his knowledge of human rights and judicial review" and also recommends him in the field of EU and competition law.

Court Experience

Aidan O'Neill has appeared as senior counsel before the European Court of Justice, the Judicial Committee of the Privy Council, the House of Lords, the Court of Session (Inner and Outer House), and the High Court of England & Wales (Administrative Division), as well as before the sheriff courts in Scotland and the county court in England and Wales. He also has significant experience in high profile Fatal Accident Inquiries.

Professional appointments

• Standing Junior Counsel to the Scottish Office Education and Industry Department: 1997 to 1999
• Associate Member, Matrix Chambers, London: 2000 to date

Selected Cases

European Court of Justice

• Joined Cases C-20/00, C-64/00 Booker Aquaculture and Hydro Seafoods v. Scottish Ministers [2003] ECR I-7411 (Reliance on the fundamental right to property to found a claim for compensation against an EU Member State)

Judicial Committee of the Privy Council

• Millar v. Dickson, 2002 SC (PC) 30, [2002] 3 All ER 1041, JCPC (Successful appeal to the Privy Council from the High Court of Justiciary on the question of the waiver of the right under Article 6 ECHR to an independent and impartial tribunal)

House of Lords

• Somerville v. Scottish Ministers, [2007] 1 WLR 2734, HL (successful appeal on time bar, just satisfaction damages and the constitutional relationship between the Scotland Act and the HRA)
• Beggs v. Scottish Ministers [2007] 1 WLR 455, 2007 SLT 235, HL (House of Lords confirming the competency of, and mens rea for, a finding of contempt of court against Scottish government departments)
• Davidson v. Scottish Ministers, 2006 SC (HL) 42; 2005 SC (HL) 7 (Successful constitutional challenge to the denial of availability of interim and final coercive court orders against the acts and omissions of the Government)
• Archibald v. Fife Council [2004] ICR 954, HL, 2004 SC (HL) 117 (the scope of the duty of reasonable adjustment under sections 5 and 6 of the Disability Discrimination Act 1995)
• MacDonald v. Ministry of Defence [2003] ICR 937, HL; 2003 SC (HL) 35 (whether sex discrimination legislation encompassed discrimination on grounds of sexual orientation)

Inner House of the Court of Session

• Napier v. Scottish Ministers, 2005 SC 307, IH, 2005 SC 229, OH (successful judicial review challenge to the slopping out regime imposed on remand prisoners in Scotland on the basis of a finding of breach of Articles 3 and 8 ECHR, as well as common law duty of care)
• Global Santa Fe Drilling (North Sea) Limited and others v The Lord Advocate [2009] CSIH 43 - successful reclaiming motion regarding award of expenses in a Fatal Accident Incident

Outer House of the Court of Session

• Cuthbertson v. Friends Provident, 2006 SLT 567, OH (The application of the test of the "reasonable insured" rather than of "the prudent insurer" in determining the extent of the duty of disclosure in concluding life and health insurance contracts)

Fatal Accident Inquiries

• Mull of Kintyre Chinook FAI, Paisley 1996 - for the family of Fl. Lt. Tapper, the commanding officer of the aircraft
• Ocean Odyssey FAI, Aberdeen 1991 - for the family of Timothy Williams, the individual killed in the explosion of the Ocean Odyssey oil exploration rig

• Click here to download contact details (.vcf)
• Click here to download C.V. (.pdf)