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Simon Bowie QC

Summary

Simon Bowie has a varied civil practice with considerable experience in a broad range of commercial and other matters (see examples of cases below). He has acted in a significant number of high profile and complex cases including as junior counsel in the longest running and highest value of the ''Braer'' tanker oil pollution claims. He regularly acts for insurance companies and other commercial and high profile organisations such as Scottish Power and the Medical and Dental Defence Union of Scotland. As a Standing Junior he regularly appeared in the public law field on behalf of both the Home Department and the Department for Work and Pensions. He is currently acting as Senior Counsel on behalf of Health Protection Scotland and Health Facilities Scotland in the Vale of Leven Hospital Inquiry. Simon was appointed as a part-time Sheriff in 2011 and intends to take on this new role alongside his existing practice. He remains fully available for new instructions.

Experience

Simon Bowie has extensive advocacy experience including Proofs, Procedure Rolls, Arbitrations, FAI's, Reclaiming Motions, Commissioners' Hearings, Tribunals, and the prosecution of serious crime in the High Court. The quality of his practice is reflected in the cases noted below.

Selected Cases

• Vale of Leven Hospital Inquiry (since 2010) - for Health Protection Scotland and Health Facilities Scotland. Public Inquiry into C-Diff outbreak chaired by Lord Maclean.
• McEleney v Dr Ohri and others 2008 SCLR 245; 101 BMLR 9 - for Medical Protection Society; 4 week medical negligence proof; causation. 
• DTI v Rankin 2007 - for director; first director disqualification case in Scotland against non-executive director; very high profile; DTI abandoned after long running litigation before 4 week proof.
• Rix & Anderton v Heart of Midlothian Football club 2007 - for Hearts; high profile contractual disputes; commercial court.
• Geddes Petitioner, 2006 SLT 664 - insolvency; first Scottish case where court granted application re replacement of liquidator at common law without going through statutory procedures; discussion: 2006 SLT 189-191; Bus. L.B. 2006, 82(Jul), 4.
• Department for Work and Pensions Commissioner's hearings - for DWP; public law; appeals on points of law; example of decision: CSIS/639/06.
• The Lady of Marr v Clark Thomson Insurance Brokers 2006 - for insurance sub-broker; multi-million pound professional negligence action.
• Orkney Sea Farms v Sunderland Marine Insurance 2005 - for pursuer; insurance; fish escape; multi-million pound indemnity claim; significant settlement part way through proof.
• Shetland Seafarms Ltd v The Braer Corporation - for pursuer; long running high value litigation; oil pollution; shipping; grounding of oil tanker; 2005 Unreported (IH) 19 January (reclaiming motion); 2004 SLT 30 (3 week proof; discussion: W.L. 2001, 12 (4), 214 & Env. L.M. 2001, 10(8), 4); 2003, Unreported 28 May (3 week proof on liability); 2000 SLT 1348 (prescription); 2000 SLT 1352 (s.172 of Companies Acts); 1999 SLT 1189 (debate-discussed in McGregor on Damages).
• Acting for retired Senator of the College of Justice (judge) 2004 - Companies; share takeover offer.
• Wilson v Inverclyde Council 2003 S.C (IH) 366 - for local authority; trust and property; old harbour at Greenock; whether held in trust separate from common good; rectification.
• Scottish Life Assurance & Co v KJ Tait 2002 - for pursuer; 3 week professional negligence proof against consulting and mechanical engineers.
• Gibson v Chief Constable of Strathclyde 1999 S.C 420, Times May 11 1999; discussion: S.L.T. 2005, 2, 9-15, S.L.P.Q. 2000, 5(4), 423-429, Part 1. Rep. B. 2000, 32(Mar), 5-7, S.L.G. 1999, 67(2), 87-88) - for Chief Constable; first Scottish case to consider whether duty of care owed by police to protect from natural hazard; first Scottish case to consider the Osman decision.
• Hamiltonhill Estates Ltd v Stirling Council 1997 - for local authority; 3 week commercial proof re pre-let development agreement.
• Costain v SRU 1996 - for Scottish Rugby Union; very substantial arbitration; construction dispute re building of stand; multi-million pound claim.

Professional Appointments

• Part-time sheriff: 2011 to date
• Advocate Depute: 2008 to 2010
• Standing Junior Counsel to the Home Department: 2007 to 2008
• Standing Junior Counsel to Department for Work and Pensions: 2005 to 2008
• Ad Hoc Advocate Depute 2003 to 2008

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