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 2012 as ‘recommended for his sure-footed advocacy’ in commercial litigation and ‘a creative and quirky thinker’ in public law, he has acted both for and against many public authorities, but also works in most areas of private law.  Also recommended by Chambers UK 2013, where he is ‘praised by commentators for "his great courtroom knowledge."’ 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)
  • 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 SC 571 (IH)(Brussels IIbis and Hague Convention interaction)
  • Dumfries and Galloway Council v Scottish Information Commissioner 2008 SC 327 (IH) (freedom of information)
  • Simmers v Innes 2008 SC (HL) 137 (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)
  • Tuley v Highland Council 2009 SC 456 (IH) (Land Reform (Scotland) Act 2003 and the right to roam)
  • Lynch v East Dunbartonshire Council 2010 ICR 1094 (lis pendens and tribunal jurisdiction)
  • Sheltered Housing Management Ltd v Bon Accord Bonding Company Ltd 2010 SC 516 (IH) (title conditions)
  • Craigdale Housing Association & Ors v Scottish Information Commissioner 2010 SLT 655 (IH) (freedom of information)
  • IA v Advocate General 2011 SLT 706 (currently on appeal to Supreme Court; status of UNHCR decisions in UK law)
  • City of Edinburgh Council v Wilkinson and others 2012 SLT 211 (principles applicable to equal pay claims)
  • Eba Petitioner 2012 SC (UKSC) 1 (in the Supreme Court, leading case on ambit of judicial review)
  • Davies v Scottish Commission for the Regulation of Care 2012 SLT 269 (successful appeal to Inner House on care regulation, now on appeal to Supreme Court)
  • RM v Scottish Ministers [2012] UKSC 58 (successful appeal to Supreme Court; a constitutional milestone in declaring Government’s duty to lay regulations before Parliament)

Publications

  • Eviction and Rent Arrears, 1995
  • Blog: www.jonathanmitchell.info

  • Appointments

    Temporary sheriff 1988-96; deputy Social Security Commissioner 1994-2002; Murray Stable director 2000-03; Member of the Equality and Human Rights Commission panel of counsel; Convenor of the Faculty's Direct Access Committee.