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Jane Munro

Year Of Call : 2005 Areas of practice Administrative Law (Including Judicial Review) Commercial Law Company Law

Jane Munro is a graduate of the University of Oxford.  She spent four years as a lecturer in law at the University of Edinburgh, specialising in constitutional and administrative law.  Since calling to the Bar, she has built a practice encompassing company and commercial work as well as public law, judicial review and human rights.  She has acted as junior counsel in a number of high profile corporate transactions, in particular the demutualisation of Standard Life in 2006 and the takeover of Scottish Power in 2007, and appears regularly in the Commercial Court.  In the context of her public law practice, Jane Munro has advised and acted for both public authorities and private sector organisations and acted in the high profile judicial review challenging the Damages (Asbestos-related Conditions) (Scotland) Act 2009, an Act of the Scottish Parliament.

Selected cases

Company law

• Standard Life Assurance Company [2007] CSOH 137 - junior counsel with David Sellar QC in this insurance business transfer scheme under the Financial Services and Markets Act 2000 effecting the demutualisation of Standard Life
• Standard Life plc/Standard Life Assurance Limited - junior counsel with David Sellar QC in reductions of share capital associated with the Standard Life demutualisation
• Scottish Power plc - junior counsel with David Sellar QC in this scheme of arrangement and associated reduction of share capital effecting the takeover of the company by Iberdrola SA
• CeNeS Pharmaceuticals plc - counsel for the company in this scheme of arrangement and associated reduction of share capital effecting the takeover of the company by Paion AG
• IndigoVision Limited/IndigoVision plc - counsel for the company in reductions of share capital)
• Gowanbrae Properties Limited, Petr [2008] CSOH 106 - counsel for the respondent in this petition for an order under section 994 of the Companies Act 2006
• Scottish Lion Insurance Company Limited [2010] CSIH 6 - junior counsel for respondents in this Appeal for an order under section 896 of the Companies Act 2006 and sanction for Scheme of Arrangement under section 899 of the Companies Act 2006. Outer House decision - [2009] CSOH 127

Commercial litigation

• PS Independent Trustees v Kershaw [2007] CSOH 50 - counsel for third defender in this claim by the independent actuary of a company pension scheme against the former scheme actuary and former directors/trustees in respect of losses to the scheme
• Commonwealth Oil and Gas Corporation v Baxter 2009 SLT 1123 (First Division) - junior counsel for pursuer, respondent and cross-appellant in this action against a former director of the pursuer for breach of fiduciary duty. Outer House decision - [2007] CSOH 198

Public law

• Billig v Council of the Law Society of Scotland, 2007 SC 32 - junior counsel for the Council in an application concerning the Council's handling of a claim on the Guarantee Fund
• Edgar Road Property Company Limited v Moray Council (British Land plc, interested party) [2007] CSOH 88 - junior counsel for the interested party in an application for judicial review of planning decisions
• Argyll and Bute Council v Scottish Public Services Ombudsman, 2008 SC 155 - junior counsel for the Ombudsman in an application for judicial review relating to the administration of the free personal care regime
• Cooperative Group (CWS) Limited v Highland Council (Tesco Stores plc, interested party) [2008] CSOH 28 - junior counsel for the interested party in an application for judicial review of planning decisions
• Baron of Ardgowan v Lord Lyon King of Arms, 2008 SLT 251 - junior counsel for the petitioners in applications for judicial review of decisions of Lyon relating to territorial designations
• Boath v Perth and Kinross Council 2009 SLT 627 - junior counsel for the Council in an application for judicial review relating to the administration of the free personal care regime
• Glasgow City Council v Scottish Information Commissioner 2010 SLT 9 - junior counsel for first respondent in Appeal regarding interpretation application of Freedom of Information (Scotland) Act 2002
• AXA General Insurance Limited and others v Lord Advocate, The Times, 19 January 2010; [2010] CSOH 2 - junior counsel for Petitioners in application for judicial review challenging the Damages (Asbestos-related Conditions) (Scotland) Act 2009, an Act of the Scottish Parliament

 Academic background

• MA (Hons) (Oxon); BCL (Oxon).
• Lecturer in law, University of Oxford 1994 to 1995
• Lecturer in law, University of Edinburgh 1995 to 1999

 Principal publications

• Public Law (W. Green & Son, 2003; 2^nd edition, 2007)
• Judicial review, remedies and standing: the impact of the Human Rights Act in Boyle et al (eds), Human Rights and Scots Law (Hart Publishing, 2002)
• Thoughts on the Sewel Convention 2003 SLT (News) 194
• Lord Goff's swansong: restitution, mistake of law and the retrospective effect of judicial decisions (1999) 3 Edinburgh LR 202
• Standard form building contracts and duty of care (1999) MLR 766
• State liability in the United Kingdom after Brasserie de Pecheur (1997) CMLRev 603
• Public or private? Stovin v Wise in the House of Lords (1997) MLR 559.
• Contractual structures and duty of care 1997 SLT (News) 113

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