Simon Collins
Year of Call: 1995
Devil Masters: Susan O'Brien QC, Ian Duguid QC
Qualifications: BA (Hons) History and Politics (Exeter) 1986; LLB (Edinburgh) 1990; DipLP (Edinburgh) 1991
Biography:
Simon Collins is a former law centre solicitor who specialises in public law and human rights. He has acted in many of the leading Scottish cases in these areas in recent years. To date he has appeared twelve times in the House of Lords, three times in the Judicial Committee of the Privy Council, and in many high profile cases before the courts in Scotland at all levels. He has also acted in successful litigation before the European Court of Human Rights. He was a full time Advocate Depute between 2007 and 2009, and has recently been appointed a Standing Junior Counsel to the Advocate General, attached to the Department of Work and Pensions.
Cases:
Constitutional law: Whaley v Watson 2000 S.C. 340 (interdict of MSP from introduction of Bill to ban foxhunting); Davidson v Scottish Ministers (No. 1) 2006 SC (HL) 42 (whether Crown Proceedings Act 1947 precluded grant of interim orders against Scottish Ministers in relation to alleged violation of human rights); Davidson v Scottish Ministers (No. 2) 2005 SC (HL) 7 (whether former Lord Advocate barred from sitting as judge); Davidson v Scottish Ministers (No. 3) 2005 SC (HL) 1 (circumstances where leave required to appeal to House of Lords); Beggs v Scottish Ministers [2007] 1 WLR 455 HL (contempt of court by Scottish Ministers breaching undertaking not to open prisoner's legal correspondence); Somerville v Scottish Ministers 2008 SC (HL) 45 (remedies under the Scotland Act for breach of Convention rights - time bar - public interest immunity).
Discrimination: White v Ferguson 2000 SLT (Sh.Ct.) 179 (race discrimination - gypsy travellers); BBC Scotland v Souster 2001 SC 458 IH (whether discrimination against the Scots or the English contrary to the Race Relations Act 1976); Archibald v Fife Council 2004 SC (HL) 117 (scope of duty of reasonable adjustment under the Disability Discrimination Act 1995); Percy v Board of National Mission of the Church of Scotland 2006 SC (HL) 1, [2006] 2 WLR 353 (whether employment tribunal had jurisdiction to determine minister's sex discrimination claim).
Mental Health: K v Craig 1999 SC (HL) 1 (community care orders); Reid v Secretary of State for Scotland 1999 SC (HL) 17, [1999] 2 AC 512 and Noel Ruddle v Secretary of State for Scotland 1999 GWD 29-1395 (lawfulness of detention of untreatable psychopaths); Reid v United Kingdom (2003) 37 EHHR 9 (detention of person of unsound mind - delay in appeal - burden of proof - Article 5.4 ECHR); Anderson v Scottish Ministers 2002 SC (PC) 63, [2003] 2 AC 602 (compliance of first (mental health) Act of new Scottish Parliament with Convention Rights); M, Petitioner 2003 SLT 219 (mental health - forcible medical treatment - Article 8 ECHR)
Crime: Buchanan v Mclean 2000 SLT 928 (legal aid - fixed fees - Article 6 ECHR); Starrs v Ruxton 2000 JC 208 (temporary sheriffs and Convention rights); Montgomery v HMA 2001 SC (PC) 1, [2001] 2 WLR 779 (prejudicial pre trial publicity and Convention rights); Millar v Dickson 2002 SC (PC) 30; [2002] 1 WLR 1615 (waiver of Convention rights); Boland Construction (Scotland) Limited v HMA 2003 SLT 250 (health and safety at work - scope of indictment)
Children's rights: Glasgow City Council v B 2000 SLT (Sh. Ct.) 167 (parental rights order - mentally disabled parent); S v Miller 2001 SC 977 IH (compliance of children's hearing system with Convention rights)
Social Security: Stewart v Secretary of State for Social Security 2000 SLT 826 (disability living allowance - attention in connection with bodily functions); Gillies v Secretary of State for Work and Pensions 2006 SC (HL) 71, [2006] 1 WLR 781 (independence and impartiality of medical member of disability appeal tribunal); R(DLA) 1/07 (Tribunal of Commissioners) (disability living allowance - whether operation of the brain a 'bodily function'); R(IB) 2/07 (Tribunal of Commissioners) (application of Howker v Secretary of State - incapacity benefit - whether regulations ultra vires)
Housing: Wishaw & District Housing Association v Neary 2004 SC 463 (short assured tenancy - break clause - requirements of constitution); Western Heritable Investment Company Ltd v Hunter 2004 SC 635 IH (correct approach to determination of fair rent of protected tenancy)
Prisoners' rights: Varey v Scottish Ministers 2000 SLT 1432 (prisoner - recall from licence); Napier v Scottish Ministers 2005 SC 229 (compatibility of prison conditions with Convention rights - 'slopping out'); Napier v Scottish Ministers 2005 SC 307 (standard of proof appropriate to determine claim of breach of Article 3 ECHR); Smith v Scott 2007 SC 345 (prisoner's right to vote and Article 3, First Protocol, ECHR - declaration of incompatibility)
Immigration and asylum: Charanjit Singh v Secretary of State for the Home Department 2004 SC 416 (independence and impartiality of asylum adjudicator); Saeed v Secretary of State for the Home Department 2006 SLT 1037 (asylum - Pakistan - honour killing - sufficiency of protection); Tehrani v Secretary of State for the Home Department 2007 SC (HL) 1, [2006] 3 WLR 699 (jurisdiction of Court of Session in judicial review of immigration decisions); Saber v Secretary of State for the Home Department 2008 SC (HL) 132 (asylum seekers - remedies)
Public health: Lloyds Pharmacy Ltd v National Appeal Panel 2004 SC 703 (correct test to be applied by National Appeal Panel in relation to application for entry to pharmaceutical list)
Publications:
Books:
Appointments:
Part Time Legally Qualified Member, Social Security Appeals Tribunals (2003 - 2006)
Special Representative, Prevention of Terrorism Act 2005 (2006 - present)
Ad Hoc Advocate Depute (2005 - 2006)
Trial Advocate Depute (2007 - 2009)
Standing Junior Counsel to the Advocate General (Department of Work and Pensions) (2009 - present)