John Speir qualified and practiced as a solicitor before calling to the Bar. He has extensive experience appearing at all levels of civil courts, including the House of Lords, and tribunals. While he is regularly instructed in employment, contract and professional and medical negligence cases, his practice focuses primarily on family law, in particular financial provision on divorce, in which he is recognised as one of the notable practitioners in Scotland. John is vice chair of the Advocates Family Law Group and is regularly invited to speak at keynote conferences on developing areas of family law in particular cohabitation disputes and child relocation.
John is accredited as a mediator with Mediation Forum Ireland and as an arbitrator with the Family Law Arbitration Group Scotland (FLAGS). He is a member of the Faculty of Advocates Dispute Resolution Service. In 2011 John was appointed an ad hoc Advocate Depute and in that capacity undertakes prosecutions in the High Court on behalf of the Lord Advocate.
What the directories say
Chambers
‘ John Speir is a first choice for solicitors who demand “strategy and innovation.”’ (2011)
‘ John Speir “has …strong client relationship skills and practicality”. Cohabitation disputes, international child abductions and complex high net worth divorces are all areas in which this experienced practitioner is adept.’ (2012)
“…he offers sound and common-sense advice to clients” and “doesn’t shirk an argument; he’s robust, and fights hard for his clients.” (2013)
‘ “An excellent all-rounder with a sensible head on him and a pleasure to work with.” “He’s a real lateral thinker; really good at bringing a different perspective on an argument, and that’s what you want from counsel – he always delivers.”’ (2014)
Legal 500
‘ John Speir is “able to match any of the family law silks practising in Scotland”.’ (2012)
‘ John Speir is “nothing short of excellent” in high-value financial provision and complex child-related matters.’ (2013)
Cases
Reported cases in which John has been involved include:
- Jacques v Jacques 1995 SC 327 (Inner House decision; financial provision on divorce; orders for sale of co-owned property)
- Andrew v Glasgow City Council 1996 SLT 814 (judicial review; housing benefit; legitimate expectation)
- Jacques v Jacques 1997 SC (HL) 20; 1997 1 FLR 748 (House of Lords decision on financial provision on divorce)
- Cockenzie and Port Seton Community Council v East Lothian District Council 1997 SLT 81 (judicial review; ultra vires; local authority use of common good)
- Whyte v Nestle UK Ltd 1998 SLT 1071 (damages; PTSD)
- Brown v Brown 1998 Fam LR 81 (financial provision on divorce; business valuation; relevant date)
- Lothian Borders and Angus Co-op Society v Scottish Borders Council [1999] 2 PLR 19 (judicial review; planning; local authority bias)
- MacDonnell v MacDonnell 2001 SC 877 (Inner House decision on variation of maintenance agreements)
- Cameron v Kvaerner Govan Ltd 2001 RepLR 52 (damages, head injury)
- Currie v Clamp 2002 SLT (P) 196; 2001 RepLR 87 (damages, RTA)
- Dumfries & Galloway Council, Petitioners 2003 Fam LR 95 (Inner House) (adoption; expenses; freeing orders)
- Mitchell v North Glasgow University Hospitals NHS Trust 2004 Rep LR 100 (damages; civil jury trial)
- J v J 2004 FamLR 20 (Inner House – reviewing of weight to be placed on expert evidence in child law cases where parental contact in issue)
- Olwa v North Glasgow University Hospitals NHS Trust & Another 2004 All ER (D) 256 (EAT decision; racial discrimination; delay in Employment Tribunal issuing decision)
- Weir & Others v Robertson Group (Construction) Ltd & Others 2006 RepLR 114 (damages; fatal accident)
- X v Y 2007 Fam LR 153 (international child relocation)
- Lindsay v Lindsay 2007 Fam LR 18 (time limits for financial orders on divorce)
- Willson v Willson 2009 Fam LR 18 (financial provision on divorce- valuation of property and special circumstances)
- Hanif v Hanif 2011 GWD 20-471 (criteria for setting aside post-nuptial separation agreements)
- Campbell v Borders Health Board [2011] CSOH 73; 2011 GWD 22-505 (medical negligence- catastrophic injury at birth)
- Campbell v Borders Health Board (Inner House) [2012] CSIH 49; (Inner House decision; appeal against finding of medical negligence)
- C v M 2012 GWD 9-170 (international relocation of children)
- B v B 2012 Fam LR 65 (financial provision on divorce- valuation of property and special circumstances)
- Whigham v Owen 2013 SLT 483 (financial claims by former cohabitants)
- Smith-Milne v Langler 2013 Fam LR 58 (Sheriff Principal decision on scope of proof in financial claims by cohabitants)
- W v W 2013 Fam LR 85 (financial provision on divorce, valuation of shares and claims of economic advantage/disadvantage)
- Yazdanparast v Yazdanparast 2013 Fam LR 44 (Inner House appeal reviewing circumstances in which a party litigant might be excluded from continuing participation in a divorce process)
Publications
Editor of Butterworths’ Scottish Family Law Service in relation to:
- Formation of marriage
- Matrimonial property
- Separation
- Termination of marriage including financial provision on divorce)
Mobile: 07739 639 286
Email: John Speir
