The Legal 500

Position

Wide civil practice, with a particular interest in intellectual property, IT law and public procurement. Recent successes include Sidey Construction Ltd v Clackmannanshire Council and Pyramid Construction Ltd 2010 SLT 607, EU procurement directive; Bvunzai v City of Glasgow Council (2009), employment law. Two recent cases in the House of Lords: Moncrieff v Jamieson 2008 SC (HL) 1 (establishing the existence of a servitude (easement) of parking); Clarke v Fennoscandia Ltd [2008] SLT 33 (enforcement of foreign decrees). Over 50 reported cases, including DM v JM and the W Trustees Ltd and KB as legal representative of RM, SM and JM [2011] CSOH 33 (financial provision on divorce); Commonwealth of Australia v O’Neill 2010 SLT (Sh Ct) 221 (extradition); Connelly v GA Group Ltd [2004] SLT (Sh Ct) 5 (Legal Aid); Mutch v Mavisbank Properties Ltd [2002] SLT (Sh Ct) 91 (land and servitudes (easements)); Dieter Rossmeier v Mounthooly Transport [2000] SLT 208 (EU law, freedom of movement); Ranaldi v City of Edinburgh Council [2000] SLT 297 (administrative law, taxi licensing); Pascoe-Watson v Brock’s Executor [1998] SLT 40 (testamentary capacity – facility and circumvention); The Royal Bank of Scotland plc v Shanks; Shanks v The Royal Bank of Scotland plc [1998] SLT 355 (personal bonds, heritable securities); Thomas Menzies (Builders) Ltd v Anderson & Menzies [1998] SLT 794 (prescription and limitation, claim against company auditors); and Osborne v Matthan (No 2) [1998] SC 29 (parent and child – trans-racial fostering). Unreported judgments include Macrobert v Smith A2130/01 (Lord Nimmo Smith 28th March, 2003) (wills and trusts); MacAuley v Advocate General for Scotland (Lord Philip, Lord Marnoch and Lord Wheatley, 11th July 2003) (military law); Profile Software Limited v Becogent Limited, CSOH 28 A1340/03 (Lord Kingarth, 16th February 2005) (software licensing); and MacAuley v Advocate General for Scotland, CSOH 106 A2514/01 (Lady Paton, 12th July 2006) (medical negligence). Frequently writes and lectures on IT/IP law. Well regarded for his appreciation of commercial realities and negotiation skills. One instructing solicitor remarked after Mr Mitchell achieved settlement in a complex case: ‘I’ve had settlements as good, and I’ve had settlements as quick, but I’ve never had a settlement as good and as quick”. Another solicitor described him as ‘inquisitive, perceptive and open-minded... a pleasure to work with. He is authoritative and persuasive, but always approachable and practical’. The Legal 500 previously described him as ‘one of the few barristers who has a deep understanding of free and open source software’.

Career

Qualified 1976; temporary sheriff 1992-97; UK representative on the IT Committee of the CCBE; qualified mediator, The Mediation Bureau; Mediation Forum Ireland; member, Scottish Council for International Arbitration; preferred counsel, Equalities and Human Rights Commission; associate member, Tanfield Chambers, London; co-convenor of the Scottish Lawyers’ European Group; chairman of the Faculty Information Technology Group; and chairman of the Scottish Society for Computers and Law. Liveryman of the Worshipful Company of Information Technologists; Member of Honorary Board of Lecturers, Institut Für Informations-Telekommunikations – Und Medienrecht Westfälische Wilhelmshaven-Universität, Munster. Joint editor of the International Free and Open Source Software Law Review. Former executive editor of ‘Scottish Parliament Law Review’ (Green’s) and joint editor of ‘E-Law Review’ (Green’s). Various articles in Green’s ‘Family Law Review’, ‘The Journal of the Society for Computers and Law’, ‘Multimedia und Recht’, ‘The Business Edge’ (supplement of the ‘National Post’, Toronto) and others. Wrote Scotland chapter in ‘Electronic Evidence: Disclosure, Discovery and Admissibility’ (Butterworths, 2007; 2nd edition 2010).

Languages

French, Italian.

Member

Director and chairman of the Scottish Society for Computers and Law.

Education

University of Edinburgh (1973 LLB Hons); University of Aberdeen (2006 certificate in Christian studies); FSA Scotland 1973; FRSA 1988.

Leisure

Extensive involvement in the charitable sector. Chairman of Perthshire Public Arts Trust, lay reader of the Church of Scotland, and member of the Church of Scotland’s Church and Society Council. Joint author of church report on challenges of the internet. Enjoys walking and travel.

Practice Areas

Commercial; Common law (general); IP/IT