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Malcolm C.N. Scott QC

Summary

Malcolm Scott QC has a civil practice which covers a broad range. He acted for the insurers of the M.T. Braer from 1993 in relation to the action to limit liability and in the subsequent claims arising out of pollution damage on the Limitation Fund. He has acted for defenders, insurers and pursuers in actions involving commercial disputes, professional negligence and personal injuries, including medical negligence.

Experience

Malcolm Scott has extensive advocacy experience gained over 29 years in the Outer House, Inner House and House of Lords in a wide range of cases.

Selected cases

• Formal Investigation of FV Trident - For majority owner into the sinking of the Fishing Vessel Trident under the Merchant Shipping Act 1995
• Wilson v Jaymarke Estates Limited [2007] UKHL 29 For petitioner and respondent. Companies Act 1985 s. 459; whether actings of majority shareholder unfairly prejudicial to minority.
• Wilson v Inverness Retail and Business Park Ltd. 2003 SLT 301. For pursuer; Companies; availability of derivative action; Companies Act 1985 s. 459.
• PIK Facilities v Shell UK and BP Oil 2003 SLT 155 and [2005] CSOH 94. For defender (tenant); Landlord and Tenant; whether tenant liable to specific implement in respect of repairing obligations at termination of lease.
• Landcatch v International Oil Pollution Compensation Fund 1999 SLT 1208. For insurers of MT Braer; Oil pollution; relational economic loss.
• Hamish Miller v Tayside Health Board, 21 October 2003, Lord Drummond Young. For pursuer; medical negligence; OTC deficiency; liability; causation.
• Morrison-Low v Paterson 1985 SC (HL) 49. For pursuer and appellant; Landlord and Tenant; whether agricultural lease constituted by actings.
• The Lockerbie Fatal Accident Inquiry, 1991, for British Airports Authority.

Professional appointments

• Member of the Lord President's Advisory Committee on Court Fees, 1988 to date
• Standing Junior Counsel to the Ministry of Defence (Procurement Executive): 1987-1991.

Faculty of Advocates appointments

• Trustee of the National Library of Scotland.
• Member of the Disciplinary Rules Investigating Committee.

Other Appointments

• Collector of the Advocates' Widows and Orphans Fund.
• Director of Mid Wynd International Investment Trust plc 1990 to date.

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