Laura Thomson

Year of Call
2014
Devil Masters
Ruth Charteris
Ruth Innes QC
Morag Ross QC
Thomas L Ross QC

Contact

laurathomson@amadvocates.co.uk 07787 736715 Check Faculty diary

Practice Profile

Since calling to the Bar, Laura has established a busy and varied civil practice, centering on personal injury and professional negligence claims. She is regularly instructed in fatal cases and claims arising from catastrophic injuries, and actions which have as their subject matter clinical negligence, sexual abuse, harassment, industrial disease, employers’ liability and road traffic accidents.

Laura is a Standing Junior to the Scottish Government and in that capacity has recent public law experience, in particular, judicial review and human rights. Laura has conducted several appeals to the Land Court on behalf of the Ministers.

Laura also has an interest in professional disciplinary work, and has represented clients before the disciplinary committees of the Nursing and Midwifery Council and the Architects Registration Board.

From 2009-2012, Laura held the office of Advocate Depute; she is the only practicing member of Faculty to have been appointed by the Lord Advocate to this office before being called to the Bar. In this role, she prosecuted (as lead Counsel) many high-profile, difficult and anxious cases before the High Court of Justiciary. These included murder, culpable homicide, armed robbery, causing death by dangerous driving, rape, and the sexual abuse of children. Laura has extensive experience of preparing and presenting cases which are both factually and legally complex, and in which expert evidence has been led.

Laura’s appointment as an Advocate Depute followed a long and successful career in the Crown Office, during which time she held a number of specialised legal posts, including the investigation of sudden, suspicious and unexpected deaths and the conduct of Fatal Accident Inquiries; precognoscing and indicting cases for trial in the High Court; and international co-operation in the investigation and prosecution of crime.

Laura’s criminal experience informs her approach to her civil work, and she brings to her practice considerable advocacy experience, sound judgement, and a meticulous approach to case preparation.

Alongside her civil practice, Laura maintains an interest in criminal law – she was recently instructed as lead counsel for one of 5 accused in a 14 week High Court trial arising out of allegations of historical sexual and physical abuse in a residential home for vulnerable children run by the Christian Brothers. She has been instructed for the defence in rape and murder cases. She has a particular interest in cases at the interface between the criminal and civil law, and was recently instructed as junior counsel to represent a professional footballer in a civil action of damages for rape, both at proof in Court of Session and in the subsequent reclaiming motion. Laura has been instructed to pursue civil actions for damages in a number of historic sexual abuse cases since the coming into force of the Limitation (Childhood Abuse)(Scotland) Act 2017.

Education & Professional Career to Date

• Called to the Bar, 2014
• Advocate Depute, 2009-2012
• Principal Depute, Crown Office, 2007-2009
• Admitted as Solicitor-Advocate (higher rights of audience in the criminal courts), 2007
• Procurator Fiscal Depute, Edinburgh, 2000-2007
• Trainee Solicitor, Simpson & Marwick, 1998-2000
• Former part-time tutor in Criminal Law, Edinburgh University

• LLB (Hons), Edinburgh University
• Dip LP, Edinburgh University
• Post-graduate Certificate in Forensic Medicine, Edinburgh University

Appointments

  • Standing Junior to the Scottish Government (2017–present)
  • Advocate Depute (2009–2012)

Selected Cases

  • Selected cases: civil

  • Brian Gracie -v- City of Edinburgh Council [2018] CSOH 37

    Junior Counsel for the pursuer (Senior, Angela Grahame QC) in an action for damages arising out of a road traffic accident in 1965, when the pursuer was a young child. The case was time barred and submissions were made in terms of s19A of the Prescription and Limitation (Scotland) Act 1973.

  • DC v DG & another [2017] CSOH 5

    Junior counsel (Senior, Dorothy Bain QC) for the first defender in this action for civil damages for rape.

  • DC v DG & another [2017] CSIH 72

    Junior counsel (Senior, Dorothy Bain QC) for the reclaimer in the Appeal to the Inner House.

  • Roger Harris v Advocate General [2016] CSOH 49

    Junior counsel (Senior, Simon Di Rollo QC) for the pursuer in the first case in Scotland (since the coming into force of the Damages (Asbestos Related Conditions) (Scotland) Act 2009) in which the court has been asked to determine the methodology appropriate to the quantification of damages for pleural plaques on a full and final basis.

  • John McShane v Burnwynd Racing Stables Ltd [2015] CSOH 70

    Junior counsel, (Senior, Angela Grahame QC) for the pursuer, a race horse trainer who fell from a horse and sustained life-changing injuries. Complex issues of fact and law.

  • Selected cases: criminal

  • HMA v Kelly, Farrell, Egan, Murphy and Don

    Lead counsel for the fifth accused in a 14 week trial arising out of allegations of historical sexual and physical abuse in a residential school for vulnerable children run by the Christian Brothers. Client acquitted of all charges.

  • Selected cases: criminal from Laura's time as an Advocate Depute:

  • HMA v Mohammed Akram, 2012

    Accused convicted of sexual assault of a 4 year old girl, whose evidence was taken on commission by live link.

  • HMA v Ruraidh Docherty, 2011

    Accused convicted of causing death by dangerous driving; both accused and deceased were school boys.

  • HMA v John Nugent, 2011

    Accused convicted of historical sexual abuse of three children.

  • HMA v Kevin Kirkpatrick, 2011

    Rape – one of the first cases to be brought under the Sexual Offences (Scotland) Act 2009.

  • HMA v Robert Clark, 2011

    Accused convicted of historical physical and sexual abuse of two children.

  • HMA v Robert Melvin, 2011

    Murder. Stabbing – circumstantial case.

  • HMA v John Docherty, 2011

    Accused convicted of the attempted murder of his wife of 40 years. Defence of sleepwalking. The only eye witness was the complainer who was supportive of her husband and convinced he was asleep. Complex expert evidence led.

  • HMA v Alan Stewart, 2010

    Accused convicted of causing death by careless driving.

  • HMA v Gary Gallacher, 2010

    Accused convicted of armed robbery.

  • HMA v Robert Black, 2010

    Accused convicted of two charges of assault with intent to rape.

  • HMA v James Whitson, 2010

    Accused convicted of culpable homicide after supplying methadone to a vulnerable teenage girl, in the knowledge that she would use the methadone to overdose to commit suicide.

  • HMA v Gerard Costa, 2010

    Accused convicted of assault with intent to rape.

  • Selected cases from Laura's time as a Procurator Fiscal Depute/Principal Depute:

  • HMA v Marek Harcar, 2009

    Laura assisted the then Lord Advocate, Dame Elish Angiolini, with the international aspects of this murder prosecution; this involved traveling to Slovakia to oversee the ingathering of evidence and questioning of witnesses there.

  • HMA v ICL Plastics and ICL Tech, 2007

    This prosecution, brought under health and safety legislation, followed a factory explosion in which a number of people lost their lives. Laura's role was to draft the charges and indict the case for trial. The accused companies pled guilty and significant fines were imposed.

  • During her time as a Procurator Fiscal Depute, Laura prosecuted several Sheriff Court cases arising from road traffic fatalities - including the prosecution of a police officer who collided with another vehicle during a police chase. She conducted a number of prosecutions in which evidence was taken from child witnesses. Laura prosecuted two high-profile cases brought under health and safety legislation, following fatal accidents in hotel premises. She conducted a number of Fatal Accident Inquiries, including deaths in custody, deaths in the workplace and a complex medical FAI arising out of a misdiagnosis.

Publications & Seminars

Laura is a regular speaker at Stable events (on the themes of personal injury and public law). During the course of her career, Laura has developed an interest in, and commitment to, helping vulnerable witnesses give their best evidence. She recently gave a presentation on special measures for vulnerable witnesses at a Law Society conference on the abolition of the triennium in historical abuse cases (2018). Laura gave many presentations on this subject during her time in Crown Office, including a talk to members of the French judiciary in Paris, organised by the Judicial Studies Committee.

During her time in Crown Office, Laura spoke at numerous seminars on a range of topics, including the investigation of sudden, suspicious and unexpected deaths; supporting victims and next-of-kin from minority backgrounds; and international co-operation in cross-border criminal investigations. She was interviewed by the BBC for a radio broadcast on the role of the Fiscal in the investigation of sudden deaths, and contributed to the training of A&E doctors by giving talks on the same subject.

Laura represented the Faculty as the Scottish delegate of a committee of the conseil des barreaux européen, tasked with reporting to the European Commission on the implementation of 3 criminal justice directives into national law (2015/16). This project involved research, writing, and attending meetings of the CCBE in Brussels.

In 2017, Laura had the opportunity to chair an event at an international crime writing festival. She debated the need for accuracy in the way in which courtroom scenes are portrayed in works of fiction with 3 lawyers-turned-crime-writers. Laura has written on this subject in both the Herald and the Scotsman.

Directories

Chambers and Partners 2019 Bar Guide- Up and coming in Personal Injury

"Clever, hard-working, courteous and very determined."

Additional Information

Faculty Scholar 2013/14

NITA Certificate in Advanced Trial Advocacy

Proficient written and spoken French

Laura regularly undertakes pro bono work, providing legal advice and representation to individuals, as well as legal training and advice to charities