Iain G. Mitchell QC
Year of Call: 1976
Year of Silk: 1992
Devil Masters: A.G.C. McGregor QC; Herbert A. Kerrigan QC
Qualifications: LL.B (Hons) University of Edinburgh, 1973; Certificate in Christian Studies (University of Aberdeen) 2006; FSA Scot 1973; FRSA 1988.
Biography:
Iain Mitchell is strong in IT and Intellectual Property, though his practice ranges over most areas of private law. His work is informed by extensive practical experience in business, the charitable and voluntary sectors, politics, and his keen interest in the arts and heritage. His sensitivity to commercial realities has frequently been commented upon and this, together with his substantial experience, enables him to develop innovative solutions, giving holistic advice which places the needs of clients in a wider commercial setting.
News:
Iain Mitchell recently was successful in the House of Lords in the Appeal in Moncrieff v Jamieson. He succeeded in establishing the existence of an accessory right of parking in the circumstances of the particular case. In doing so, he also established in principle the existence in Scots law of a servitude of parking, and in English law of an easement of parking. Click here for full judgement.
Cases:
Reported Cases: During 2007, two cases in the House of Lords: Moncrieff v Jamieson 2007 SLT 989 (establishing the existence of a servitude (easement) of parking); Clarke v Fennoscandia Ltd 2008 SLT 33 (enforcement of foreign decress). Over 50 other reported cases, including: Connelly v G A Group Ltd. 2004 SLT (Sh Ct) 5 [Legal Aid]; Mutch v Mavisbank Properties Ltd. 2002 SLT (Sh Ct) 91 [land and servitudes (easements)]; Dieter Rossmeier v Mounthooly Transport 2000 SLT 208 [E.U. Law - freedom of movement]; Ranaldi v City of Edinburgh Council 2000 SLT 297 [administrative law - taxi licensing]; Cullen v Cullen 2000 SC 396 (Court of Five Judges) [legal aid - expenses]; Smith, Ptnr. 1999 SLT 5 [company law - insolvency]; Pascoe-Watson v Brock's Executor 1998 SLT 40 [testamentary capacity - facility and circumvention]; The Royal Bank of Scotland plc v Shanks; Shanks v The Royal Bank of Scotland plc 1998 SLT 355 [personal bonds; heritable securities]; Thomas Menzies (Builders) Ltd. v Anderson & Menzies 1998 SLT 794 [prescription and limitation - claim against company auditors]; Osborne v Matthan (No 2) 1998 SC 29 [parent and child - trans-racial fostering].
Recent Unreported Judgments: Macrobert v Smith A2130/01 (Lord Nimmo Smith 28th March, 2003) [Wills and Trusts]; MacAuley v Advocate General for Scotland (Lord Philip, Lord Marnoch and Lord Wheatley, 11 July 2003) [Military Law]; Profile Software Limited v Becogent Limited, CSOH 28. A1340/03 (Lord Kingarth, 16 February 2005) [software licensing]; MacAuley v Advocate General for Scotland, CSOH 106. A2514/01 (Lady Paton, 12 July 2006) [Medical Negligence].
Publications:
Formerly Executive Editor of the Scottish Parliament Law Review (Greens) and Joint Editor of the E-law Review (Greens) in which capacities Iain Mitchell also wrote various editorials and articles; Joint Editor of International Free and Open Source Law Review; various articles in Green's Family Law Review, The Journal of the Society for Computers and Law, Multimedia und Recht, The Business Edge (Supplement of the National Post, Toronto) and others;
Electronic Evidence, Disclosure, Discovery and Admissibility (Chapter relating to Scotland) (Butterworths, April 2007).
Appointments:
Temporary Sheriff 1992-1997; Chairman, Scottish Lawyers' European Group; Chairman, Faculty Information Technology Group; Chairman, Scottish Society for Computers & Law; Qualified Mediator: The Mediation Bureau (1995); Mediation Forum Ireland (2006); Member of the Scottish Council for International Arbitration; Freeman of The Worshipful Company of Information Technologists; Member of the Honorary board of ITM Lecturers, Institut für Informations-Telekommunikations- und Medienrecht Westfälische Wilhelms-Universität Münster (for more information see: http://www.uni-muenster.de/Jura.itm/hoeren/ )
Further Information:
Extensive involvement in the charitable sector, including, amongst other appointments, Chairman of Perthshire Public Arts Trust, Chairman of North Queensferry Community Council and lay reader, Church of Scotland. Recreations include walking, travel and writing.