Laurence Murphy Q.C.

picture of Laurence Murphy

07779323417

Areas of interest
Commercial
Planning
Property
Professional Discipline & Regulatory Law
Professional Negligence
Public Law

Year of Call
1990

Year of Silk
2000

Devil Masters
Heriot W Currie, Q.C.
J. Gordon Reid, Q.C.

Summary of Practice

In the area of professional negligence, Laurence has acted for Advocates, Solicitors, Architects, Engineers, Clerks of Work, Surveyors, Town Planners, Insurance Brokers (including Lloyds Brokers), Doctors and Nurses. He has appeared for the professional indemnity insurers for Solicitors in Scotland and successfully argued for solicitor immunity from suit, distinguishing House of Lords authority in England. He has dealt with many disciplinary hearings including Solicitors and Architects.

In the commercial field, he has conducted many cases at both first instance and on appeal. These have included contractual disputes, insolvency, insurance, intellectual property, diligence and building contracts. He has acted for Solicitors professional indemnity insurers in a case resisting indemnity under a PI policy.

In Public Law and Planning he has conducted many planning inquiries, both for developers and local authorities. He has acted regularly for both Government and private sector in petitions for Judicial Review. He obtained the first interim preventative order against the Crown in Scotland in relation to an alleged breach of EC competition law. He acted for the UK Government in a case involving international law and UK defence policy and a case involving the compatibility of UK money laundering legislation and the Human Rights Act 1998. He has acted in many Fatal Accident Inquiries and Health and Safety prosecutions.

In the field of property law he has conducted cases at first instance (including the Lands Tribunal for Scotland) and on appeal (including the Lands Valuation Appeal Court). He has conducted rent review arbitrations for both landlords and tenants. He is frequently involved in litigation regarding commercial leases.

Laurence was formerly a partner in a firm of litigation solicitors.

Cases, trials, inquiries

1. Stirling and Renfrew Local plan Inquiries- for both Councils respectively
2. Bett Brothers plc v Redrow Homes Ltd 1998 S.C. [H.L.] 64
3. British Telecommunications plc v James Thomson & Sons (Engineers) Ltd 1999 S.C. [H.L] 9
4. HMA v McIntosh 2001 S.C. [P.C.] 89
5. Wright v Paton Farrell 2006 S.C. 404

Publications

Butterworths International Commercial Litigation Handbook (Co-Editor)

Appointments

Standing Junior Counsel to the Home Office (1997-2000)
Junior Counsel representative on the Commercial Court Consultative Committee (1998-2000)
Member of Faculty of Advocates Investigating and Complaints Committees
Faculty of Advocates representative in the Union Internationales des Avocats- member of the Litigation Commission