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:
Former law centre solicitor, specialist in public law and human rights. Has acted in many of the leading Scottish cases in these areas in recent years. To date has appeared ten 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. Has also acted in litigation before the European Court of Human Rights.  Currently full time Advocate Depute.

Cases:
Mental health:  Reid v Secretary of State for Scotland 1999 SC (HL) 17; [1999] 2 AC 512; Noel Ruddle v Secretary of State for Scotland 1999 GWD 29-1395; Reid v United Kingdom (2003) 37 EHRR 9 (lawfulness of detention of untreatable psychopaths); K v Craig 1999 SC (HL) 1 (community care orders); 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). Crime: Starrs v Ruxton 2000 JC 208; Millar v Dickson 2002 SC (PC) 30; [2002] 1 WLR 1615 (temporary sheriffs and Convention rights); Montgomery v HMA 2001 SC (PC) 1; [2001] 2 WLR 779 (prejudicial pre trial publicity and Convention rights).
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 (contempt of court by Scottish Ministers breaching undertaking not to open prisoner's legal correspondence).
Discrimination:  Archibald v Fife Council 2004 SC (HL) 117 (scope of duty of reasonable adjustment under the Disability Discrimination Act 1995); BBC Scotland v Souster 2001 SC 458 IH (whether discrimination against the Scots or the English contrary to the Race Relations Act 1976); Percy v Board of National Mission of the Church of Scotland [2006] 2 WLR 353 (whether employment tribunal had jurisdiction to determine minister's sex discrimination claim). Children's rights:  S v Miller 2001 SC 977 IH (compliance of children's hearing system with Convention rights).
Social security: Gillies v Secretary of State for Work and Pensions [2006] 1 WLR 781 (independence and impartiality of medical member of disability appeal tribunal).
Housing:  Western Heritable Investment Company Ltd. v Hunter 2004 SC 635 IH (correct approach to determination of fair rent of protected tenancy).
Prisoners' rights: Napier v Scottish Ministers 2005 SC 229 OH; (compatibility of prison conditions with Convention rights – 'slopping out') & 2005 SC 307 IH (standard of proof appropriate to determine claim of breach of Article 3 ECHR); Somerville v Scottish Ministers 2007 SLT 96 IH (lawfulness of segregation of dangerous prisoners).
Immigration and asylum: Saber v Secretary of State for the Home Department 2003 SLT 1409 IH (whether surrogate protection available to asylum seeker from non state entity); Charanjit Singh v Secretary of State for the Home Department 2004 SC 416 IH (independence and impartiality of asylum adjudicator); Tehrani v Secretary of State for the Home Department [2006] 3 WLR 699 (jurisdiction of Court of Session in judicial review of immigration decisions).
Public health:  Lloyds Pharmacy Ltd v National Appeal Panel 2004 S.C. 703 IH (correct test to be applied by National Appeal Panel in relation to application for entry to pharmaceutical list).

Publications:
Home Loss & Disturbance Payments (LSA/Chartered Institute of Housing in Scotland) 2001; Anti-Social Behaviour & Housing:  the law (LSA & Ors.) 1997 (co-author); Claiming Criminal Injuries Compensation (LSA) 1997 (contributor); Community Care in Mays (ed.) Scottish SocialWork Legislation (loose leaf publication); Mental Health in Miller (ed.) Scottish Human Rights Service (loose leaf publication); various articles in legal journals on social welfare law topics.

Appointments:
Part Time Legally Qualified Member, Social Security Appeals Tribunals (2002 - 2006)
Special Representative, Prevention of Terrorism Act 2005 (2005 - present)
Ad Hoc Advocate Depute (2005 - 2007)
Full Time Advocate Depute  (2007 - present)