Jonathan Mitchell QC

Year of Call: 1979

Year of Silk: 1992

Devil Masters: Christopher Haddow, QC; Sheriff James Farrell

Qualifications: BA Hons (PPE, Oxford); LLB (Edinburgh)

Biography:
Jonathan has a wide civil practice, including judicial review/administrative law, complex family issues, and in the commercial court; particular interests include information law and international jurisdiction questions.  Described by the Legal 500 as 'senior of choice for judicial review and local government work', 'having particular expertise in IP/IT work' and noted for data protection and freedom of information law, as 'an excellent negotiator, willing to explore different ideas - a pragmatist', and 'recommended for judicial review', he has acted both for and against many public authorities, but also works in most areas of private law.  He is thoroughly IT-literate, and was the first advocate to establish his own website.  He has acted as Commissioner in a number of 'dawn raids' and has acted as an expert witness on Scots Law in a number of foreign litigations. 

Cases:
These are some examples, mostly in the appeal courts, of Jonathan's many reported cases:

• Pearson v EIS 1997 SC 245 (protection of whistleblowers and the right to refuse to disclose sources of information)
• Cunniff & Cunniff 1999 SC 537 (fair sharing of matrimonial property in divorce)
• Kaur v Singh 2000 SLT 1323 (land registration and principles of compensation for refusal to rectify Register)
• T v T 2001 SC 337 (fundamental principles as to competency of children's evidence)
• S v Miller 2001 SC 977 (Articles 5 and 6 of the European Convention on Human Rights)
• A v Scottish Ministers 2002 SC (PC) 63 (first challenge to vires of an Act of the Scottish Parliament)
• Glasgow CC v Morrison Developments Ltd 2003 SLT 263 (commercial leasing)
• SPH v Edinburgh CC 2003 SLT (local government powers to charge for provision of services)
• Martin v N 2004 SC 358 (Article 5 of the European Convention on Human Rights)
• Western Heritable v Hunter 2004 SC 635 (principles of rent assessment)
• Clarke v Fennoscandia 2005 SLT 511 (enforcement of US decrees in Scotland and the possible defences)
• Gillies v Secretary of State 2006 SC (HL) 71 (natural justice at common law)
• Aberdeenshire Ptrs 2006 SCLR 580 (challenge to decision of auditor)
• Syed v Ahmed 2006 SC 165 (tri-continental series of litigations as to validity of divorce decree; reduction of decrees in foro)
• Candleberry v WEHA 2006 SC 638 (conveyancing, land registration, and interdict )
• H v H 2006 Fam LR 49 and 77 (Hague convention on child abduction)  
• Sweeney v Sweeney 2007 SC 396 (expenses in family actions)
• Maris v Banchory Squash Club 2007 SLT 447 (relying on irritancies in a commercial lease)
• C v C 2008 SCLR 329 (OH, unreported as yet in IH) (Brussels IIbis and Hague Convention interaction)
• Dumfries and Galloway Council v Scottish Information Commissioner 2008 SC 327 (freedom of information)
• Simmers v Innes 2008 SLT 407 (HL) (option to purchase; construction of contract and whether time was of the essence)
• C v City of Edinburgh Council 2008 SLT 522 (additional support needs tribunal; nature of tests, and tribunal procedure)

Publications:

Appointments:
Temporary sheriff 1988-96; deputy Social Security Commissioner 1994-2002; Murray Stable director 2000-03; Member of the Faculty Council; Convenor of the Faculty's Direct Access Committee; Scottish project lead for Creative Commons.