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David M. Thomson
Year Of Call : 2004
Standing Junior Counsel to the Advocate General for Scotland since 2009
Areas of practice
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Summary
David Thomson practises exclusively in commercial litigation, with particular emphasis on commercial property, commercial contracts and insolvency litigation. He is recommended in the 2008 Edition of The Legal 500 for Property, Construction and Agriculture. He has acted in a number of significant and high profile cases since calling in 2004. He regularly represents commercial landlords and tenants, banks and insolvency practitioners. He has been recommended for insolvency law by The Legal 500. He also deals with administrative law and human rights matters and was a Standing Junior to the Scottish Ministers from 2005 to 2009. David is now a Standing Junior Counsel to the Advocate General for Scotland since 2009.
Experience
David Thomson has gained significant experience of courtroom advocacy since calling in 2004. He regularly appears in the Court of Session, both Outer and Inner Houses and has conducted many proofs, procedure roll debates, statutory appeals and reclaiming motions and so on, including lengthy and complex apperances before the Inner House. He also appears frequently in the Sheriff Courts, in which he appeared for several years as a solicitor prior to calling. He also has experience of appearing in the Scottish Land Court and the Lands Tribunal for Scotland and in complex and substantial arbitrations.
Selected Cases
- PMP Plus Limited v The Keeper of the Registers of Scotland 2009 SLT (Lands Tr) 2 - Acted for the successful appellant in this ground breaking case, the most important land registration/conveyancing case in the year, which concerned the Keeper's decision to exclude indemnity following a developer's decision to sell part of a larger residential development which would otherwise have formed part of the common areas within development.
- Tonner v Reiach & Hall 2005 SLT 936; 2007 SLT 1183; 2008 SC 1 - for successful Defender and Reclaimer in landmark case establishing that the Court may dismiss proceedings for excessive delay in exercise of its inherent power.
- Burnett v Grampian Fire & Rescue 2007 SLT 61 - for Pursuer in debate concerning duty of care owed by fire services to neighbouring proprietors.
- Foster v Keepers of the Registers of Scotland 2006 SLT 513 - for second respondent. Important consideration of the structure of the land registration system.
- X v British Broadcasting Corporation 2005 SLT 796 - for Pursuer. Successful action for interim interdict in case concerning emerging right to privacy and effect of section 12 of The Human Rights Act 1998.
- Crocket v Tantallon Golf Club 2005 SLT 663 - for Petitioner in petition for judicial review of disciplinary decision of a golf club. Valuable discussion of the competency of judicial review.
- Partick Thistle Football Club Ltd v Scottish Premier League Ltd, unreported, June 2004 - for Petitioner in very high profile litigation brought under section 459 of The Companies Act 1985 concerning the Respondent's decision-making process which had led to the relegation of the Petitioner from the Scottish Premier League.
Directories
- The Legal 500 (2007): Insolvency. Recommended Junior
- The Legal 500 (2008): Property, Construction and Agriculture. Recommended Junior
- The Legal 500 (2009): Company and Insolvency. Recommended Junior.
Professional appointments and other information
- Tutor in Civil Advocacy & Pleading, Glasgow Graduate School of Law since 2005
- Standing Junior Counsel to the Scottish Ministers from 2005 to 2009
- Qualified as a Solicitor in England & Wales in 1998
