Lesley M Shand Q.C.

lesleyshand@arnotmanderson.co.uk

07739 639 273

Summary of Practice

Lesley has a busy reparation practice, acting for both pursuers and defenders.  She has extensive experience of litigating in all areas of personal injury including claims of the utmost severity and complexity, medical/clinical negligence claims, psychiatric injury/"stress" claims, claims based on The Protection From Harassment Act 1997, road traffic accidents, accidents at work, and occupational disease claims.

She has appeared in a number of Fatal Accident Inquiries, including inquiries into deaths in hospital, prison and arising from road traffic accidents.

Lesley is also experienced in litigating and advising on property damage reparation claims.

She undertakes both advisory and litigation work in a range of professional negligence disputes.  These have included claims against architects, surveyors and solicitors.  She receives instructions in professional negligence claims on behalf of professional indemnity insurers.

In addition Lesley undertakes advisory and litigation work in a range of commercial and contract litigation.

Having previously spent ten years as a Standing Junior to the Department of Transport Lesley has a long-standing interest in judicial review, statutory appeals and human rights matters and has appeared in a variety of litigations in these areas.

Cases, trials, inquiries

Graham Dickie v Flexcon Glenrothes Ltd- Sheriff Braid 4th September 2009: Acted for defenders in action in which pursuer sued for £500,000 in respect of psychiatric injuries under The Protection from Harrassment Act 1997.  Defenders assoilzied.

Sarah Smith v Lorna McNair- 7th November 2008: Acted for defender in case where pursuer claimed unsuccessfully that road accident had caused acceleration of previously asymptomatic Parkinson's Disease.

2004 Cornton Vale Suicide Inquiry into the Death of April Adams.

S v Miller 2001SLT 531 - Devolution Issue - Human Rights and the Children's Hearing System - Declaration of Incompatibility - European Convention on Human Rights - Human Rights Act 1998.

Morton & Sons Milton Ltd v Reid Heating 2002 GWD 13-1441 - Breach of Contract - Negligence - Disconnection of domestic fuel pipes from Aga - alleged Property Damage and Personal Injury.

Duff v East Dunbartonshire Council & Others 2002 Rep LR 98 - Reclaiming Motion - Occupiers' Liability - Physical Feature of Land - Whether obvious hazard [six week proof subrequently fixed, but discharged when pursuer died the week before proof due to commence; action abandoned by Executrix.].

Pearson v Imray & Others 2003 Rep LR (P) 87 - Solicitor's negligence - Failure to raise action - Liability - Causation - Damages.

Wright v Paton Farrell and Others 2006 SLT 269 - Three week reclaiming motion - Professional Negligence - Conduct of trial by solicitor - Whether solicitor acting as advocate immune from suit - Consideration of decision of House of Lords in Arthur J S Hall v Simmons - Loss of a chance.

Chinn v Cyclacel Ltd 2007 CSOH142.  Case in which pursuer claimed that she had suffered repetitive strain injury from using pipette gun.  Action dismissed.

Appointments

Member of the Court of Session Rules Council
Member of the Faculty of Advocates Professional Negligence Law Group
Advocate Depute (Aug 2009 - present)
Ad Hoc Advocate Depute (2005 - Aug 2009)
Standing Junior to the Department of Transport (1995- 2005)