< back to Senior Counsel
Malcolm Thomson QC
Queen's Counsel : 1987
Year Of Call : 1974
Areas of practice
|
|
Summary
Malcolm Thomson QC has had a varied civil practice, including contractual disputes, reparation (including personal injury and professional negligence claims of all sorts), child care, Judicial Review, Fatal Accident Inquiries and discipline appeals for a major police force. He concentrates now on planning and related property matters acting for various developers, land owners, objectors, planning and roads authorities and the Scottish Ministers both at inquiries and judicial proceedings. Recently he has advised and represented at inquiries both promoters of and objectors to flood prevention schemes. He also sits as an arbiter in various construction and property related disputes.
Experience
Malcolm Thomson has extensive experience in the Court of Session (Inner and Outer Houses), Sheriff Courts and at numerous planning appeal inquiries, local plan inquiries, enforcement appeal inquiries, compulsory purchase and roads related inquiries and hearings, including proceedings before the Scottish Parliament. He has appeared in disputed compensation claims before the Lands Tribunal for Scotland. He has also appeared at a number of Fatal Accident Inquiries.
Professional appointments
- Standing Junior Counsel to the Department of Agriculture and Fisheries and to the Forestry Commission in Scotland 1982 to 1987.
- Chairman of NHS Tribunal in Scotland, 1995 to 2005.
- Member of the Scottish Legal Aid Board, 1998 to 2006, Deputy Chairman and Convener of Legal Services Sub-Committee, 2002 to 2006.
- Trustee of the National Library of Scotland, 1995 to date, Convener of Audit Committee, 2000 to date, and Deputy Chairman, 2005 to date.
- Temporary judge in the Court of Session and High Court of Justiciary, 2002 to date.
- Appeals Assessor for Guernsey Legal Aid Service 2006 to date.
Other appointments
- Non-executive director of W. Green & Son Ltd., Law Publishers, 1976 to 2000.
- Scottish case editor - "Current Law", 1977 to 1996, thereafter consultant editor.
- Editor "Scots Law Times" Reports, 1989 to 1999, thereafter consultant editor.
- Assistant editor, "Scottish Planning Encyclopedia", 1996 to date
- Assistant editor, "Scottish Local Government Legislation", 1998 to 2002.
Selected cases
- Orkney Inquiry - child abuse claims
- City of Edinburgh Traffic Management hearing
- City of Edinburgh Congestion Charging Scheme inquiry
- Forth Road Bridge - Revised Schedule of Tolls 2004 inquiry
- Edinburgh Congestion Charging inquiry - advising on various associated matters including the related Regulations and Guidance, the inquiry format and procedure and the relationship between the Scheme and the Local Transport Strategy
- Private Bill proceedings before the Scottish Parliament (including Edinburgh Tram (Line One) and (Line Two) Acts 2006 and the Edinburgh Airport Rail Link Act 2007) - advising on related legal issues including ECHR issues
- Flood Prevention Schemes - Water of Leith FPS for objectors; Forres FPS for objectors; White Cart Water FPS for promoters
