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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 Administrative Law (Including Judicial Review) Bankruptcy And Insolvency Law Commercial Law Company Law Construction/Ppp Law Human Rights Law Professional Negligence Law Property Law And Conveyancing

Summary

David Thomson practises exclusively in commercial litigation, with particular emphasis on commercial property and leasing, commercial contracts and insolvency litigation.

In respect of insolvency and company matters, in the most recent editions of The Legal 500, David has been described as a “standout junior at the Scottish Bar” (2011) and also as possessing a “knowledge of corporate insolvency, possibly unparalleled at the junior Bar.” (2010). David regularly acts on behalf of insolvency practitioners and Banks, as well as, in cases concerning personal insolvency, The Accountant in Bankruptcy and trustees in sequestration.

David also has a significant practice in commercial property and leasing litigation, and indeed general commercial litigation, as well as being experienced in construction claims. He is also frequently instructed to act for insurers in the defence of negligence claims, most frequently involving claims against solicitors.

David has been a Standing Junior to the Advocate General for Scotland since 2009, having previously been a Standing Junior to the Scottish Ministers from 2005 to 2009. In his capacity as a Standing Junior to the UK Government, David tends to be instructed in cases for the disqualification of directors under The Directors Disqualification Act 1986, an area in which he has now built up a particular expertise.

Experience

David Thomson is an experienced advocate. He has appeared before the United Kingdom Supreme Court. He appears regularly in the Outer and Inner Houses of the Court of Session, the Sheriff Courts, the Lands Tribunal for Scotland, the Scottish Land Court and a variety of other courts and tribunals. He has conducted a number of substantial commercial 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
• The Legal 500 (2010): Company and Insolvency. Recommended Junior
• The Legal 500 (2011): Company and Insolvency. Recommended Junior

Professional appointments and other information

• Joint Lead Tutor, Advanced Civil Law, The University of Glasgow, since 2010
• Tutor in Civil Advocacy & Pleading, Glasgow Graduate School of Law 2005 to 2009
• Standing Junior Counsel to the Scottish Ministers from 2005 to 2009
• Qualified as a Solicitor in England & Wales in 1998  

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