Andrew Smith KC > Crown Office Chambers > London, England > Barrister Profile

Andrew Smith KC

020 7797 8100 andrew.smith@crownofficechambers.com

Position

Also practises from Compass Chambers, Edinburgh. Andrew has considerable experience in a wide range of civil litigation. In addition to his varied civil caseload, He has also prosecuted before the General Medical Council. His principal fields of practice is clinical negligence, personal injury and insurance litigation, commercial and contract litigation. Personal injury and clinical negligence litigation is approximately half of Andrew’s workload. He has appeared on behalf of pursuers and defenders in many of the leading cases in this field in (at first instance and on appeal). He has led in the House of Lords and Privy Council on a number of occasions and has appeared in the Supreme Court. He has been retained for two further imminent appearances in the Supreme Court. Andrew has a wide experience of complex medical conditions especially neurological conditions. He has conducted many birth injury trials in Scotland, and has experience of negotiation of PPOs and is experienced in the conduct of exceptionally complex and medically controversial trials. Particular experience of handling of controversial medical expert evidence in court.

Career

Called to the Scottish Bar in 1988; Silk in Scotland in 2002; Barrister Gray’s Inn 2006 to date; Ad hoc advocate depute (prosecutor in the High Court in Scotland) 1995 to date. Andrew has appeared in Sheriff Courts (at first instance and on Appeal to Sherriff’s Principal) and the Court of Session in commercial matters such as building contract cases; planning enquiries; company law matters; copyright cases; defamation cases; hearings; and many other professional appearances that are diverse in nature. More recently, he successfully represented the pursuer in the case of McKie v The Scottish Ministers & ors, concerning an allegation of fabrication of fingerprint evidence against a police officer. He appeared with the pursuer at the parliamentary inquiry into the matter. He was instructed by the Isle of Man Coroner in respect of an inquest into the sinking of the Solway Harvester fishing vessel. Andrew qualified as a barrister and is a full member of Crown Office Chambers. He practises in England on a regular basis, and has a thorough working knowledge of English practice and procedures. He has appeared in various courts on personal injury hearings. He has a reputation for thorough preparation, tenacity in negotiation and conduct of litigation and loyalty to his clients. His experience in Scotland has provided him with a wide range of experience in court litigation, conducting the most challenging and highest value cases of considerable complexity. Cases include: Wisley v John Fulton Plumbers (House of Lords appeal concerning the application of interest to wage loss when benefits were received; heard in conjunction with Wadey v Surrey CC); Simmons v. British Steel (House of Lords appeal relating to matters concerning causation, remoteness of loss and principles of appeal); Mitchell v Glasgow City Council (House of Lords Appeal considering whether a local authority has liability for the criminal acts of a tenant – Andrew led for the appellants on the common law and human rights issues that arose in the case); Sinclair v HMA (allegations of breach of article 6 of the European Convention on Human Rights – a Privy Council Appeal in which the first-time conviction was quashed); The Accountant in Bankruptcy v The Keepers of the Registers and Chung (correction of the Register of Titles; House of Lords case in which Andrew appeared as a junior without a leader); Drummond and Co v The Scottish Legal Aid Board (a House of Lords appeal; interpretation of the Advice and Assistance Regulations); representing Shirley McKie at the public inquiry following the McKie case and thereafter at the Public Inquiry. Publications and seminars: Andrew was invited to lecture to the International Association of Investigators to discuss his involvement in the case of Mckie v The Scottish Ministers at their conference in the USA in 2006. He regularly provides training to professional colleagues on damages, civil jury trials, and the science of fingerprinting. Lectures to Royal College of Physicians and Surgeons on medical negligence and expert testimony.

Languages

Basic French.

Memberships

Faculty of Advocates’ Personal Injury Law Group; Professional Negligence Bar Association; faculty of Advocates Council 2006-09; member of Gray’s Inn, London 2006 to date.

Education

The University of Dundee (1985 LLB Hons; 1986 Dip LP); The University of Edinburgh (1987).