Year of Call: 1996

Areas of Practice:
- Personal Injury
- Professional Negligence
- Commercial
- Property
- Trusts & Succession

Philip M Stuart

Phil has extensive experience in civil litigation and advocacy, having called to the Bar in 1996 and before that having practised as a commercial litigation solicitor in Hong Kong and having also gained previous commercial litigation experience in South Australia.

He has experience in a broad range of areas of civil practice. He has a strong reparation practice, and represents both pursuers and defenders in professional negligence and personal injuries actions. He has advised and appeared in commercial disputes in the Court of Session and Sheriff Court.

He is available to provide advice and representation in a diverse range of civil matters. For example, he has recently advised and represented a University in a dispute with an IT contractor, advised and appeared in an action for division and sale of a large rural estate, provided advice to executors regarding a claim for legal rights and advised on the alleged forgery of a standard security.

Cases in which he has appeared include:

• McGarvey Construction Ltd v Shanks 2007 SLT 537 (action of damages for alleged fraudulent misrepresentation)
• Morrison Sports Ltd v Scottish Power plc [2007] CSOH 131 (action for damages resulting from fire in buildings - whether certain statutory regulations conferred civil liability)
• Skinner v Scottish Ambulance Service 2004SC 790 (Inner House reclaiming motion) (action of damages relating to alleged needlestick injury - construction of the Provision and Use of Work Equipment Regulations 1998)
• McKenzie v Fife Acute Hospitals [2006]CSOH 63 (medical negligence action - cerebral palsy - proof on causation)
• McNulty v Marshalls Food Group Ltd 1999 SC 195 (which established that in Scotland it was appropriate to use the Ogden tables as the starting point for selecting a multiplier for future loss of earnings)

In addition to the Court of Session, (including the Inner House and commercial actions) and Sheriff Courts across Scotland, Phil has appeared before the National Health Service Tribunal, the Lands Tribunal and the Criminal Injuries Compensation Appeals panel. Prior to calling to the Bar he appeared in the Supreme Court of Hong Kong and the District Court of South Australia. He is Treasurer of the Advocates' Professional Negligence Law Group.