Derek O'Carroll

Year Of Call

2000

Devil Masters

Alan Dewar QC, Paul McBride QC

Qualifications

LLB (Hons); Dip.L.P.

Biography

Advocate (formerly solicitor for nine years) specialising in public/administrative law, housing/landlord and tenant, employment (particularly discrimination law), human rights, education law and information law (data protection and freedom of information).

Cases

Reported cases include:

Rashid Zafar, Ptr 2001 SCLR 474 - employment law; whether appeal to EAT was in time;
Soutar's Exrs v James Murray & Co [2002] IRLR 22 - employment/disability discrimination;
Nazir v Secretary of State for the Home Department 2002 SC 134, 2002 SLT 58 - asylum/judicial review;
Mearns v Glasgow City Council 2002 SLT (Sh Ct) 49 - housing disrepair;
Bonnier Media Ltd v Smith 2003 SC 36 - domain names/trademark;
McAuley v Highland Council 2003 SLT 986, 2003 SCLR 885, 2003 HousLR 78 - homelessness/judicial review;
Glasgow City Council Ptrs 2004 SLT 61, 2004 SCLR 106 - education/judicial review;
Archibald v Fife Council 2004 SC 495, [2004] IRLR 197, The Times 23 Jan 2004 -employment/disability discrimination;
Western Heritable Investment Company v Hunter 2004 SC  635, 2004 SLT 355, 2004 SCLR 819 - fair rents;
Wishaw and District Housing Association v Neary 2004 SC 463, 2004 SCLR (Notes) 633 - landlord & tenant;
F v City of Glasgow Council  2004 SLT (Sh. Ct.) 123 - education;
Yashi Care Ltd v Scottish Commission for the Regulation of Care 2004 SLT (Sh. Ct.) 134 - care home registration;
East Lothian Council v Skeldon 2004 HousLR 123 - succession to tenancy;
Wise Group v Mitchell 2005 ICR 896 - unfair dismissal compensation;
Secretary of State for Work and Pensions v Cunningham 2005 SC 19 - impartiality of tribunal;
Clarke v Fennoscandia (No.3) 2005 SLT 511, 2005 SCLR 322 - conflict of laws/competency;
Carden v Pickerings Europe Ltd [2005] IRLR 720 - disability discrimination/unfair dismissal;
Hastie v Scottish Commission for the Regulation of Care 2006 SLT (Sh Ct) 14 - cancellation of registration; whether correct procedure followed;
1st Care Ltd v Care Commission 2006 SLT (Sh. Ct.) 27 - application to run care home; correct application of applicant 'fitness test';
Mack v Glasgow City Council 2005 HousLR 66 (Sheriff Principal); 2006 SC 543; 2006 SLT 556 (Inner House) - damages for breach of contract, whether inconvenience or personal injuries: time bar;
SB v Peter Dunbar and Mental Health Tribunal for Scotland 2006 SCLR 777 - mental health; whether application for compulsory treatment order was competent;
C v City of Edinburgh Council 2008 SLT 522 - education law; correctness of decision of Additional Support Needs Tribunal re placing request and potential apparent bias;
M v Scottish Ministers 2008 SLT 928 - lawfulness of refusal by respondents to lay regulations before Scottish Parliament;
The Scottish Ministers v The Mental Health Tribunal for Scotland 2009 SLT 273, 2009 SCLR 224 - mental health law, correct tests for revocation of restriction order and serious harm.

Publications

Publications include the following:
Anti-Social Behaviour and Housing: The Law, Co-author with Simon Collins (1997), LSA, CIH;
A Guide to the Data Protection Act 1998 for housing professionals, (2000), CIH and Scottish Executive; 
A Guide to the Human Rights Act 1998 for housing professionals (2000) CIH and Scottish Executive;
The Model Scottish Secure Tenancy Agreement (2001), Scottish Executive;
The Model Short Scottish Secure Tenancy Agreement (2002), Scottish Executive;
Landlord and Tenant chapter in Scottish Lawyers Factbook, W. Green (2002 and continuing);
Modern Title and Condition Deeds in Scotland (co-author) (2003), Scottish Executive;
Anti-social Behaviour in the Private Rented Sector (co-author) (2003) University of Glasgow; 
A Guide to the Freedom of Information (Scotland) Act 2002, CIH and Scottish Executive (2004);
Contributor to Scottish Older Client Service, Tottel Publishing (2008 and continuing).

Appointments

Current appointments include the following: Part-time Sheriff, 2006 to date.  Part-time Chairman of the Mental Health Tribunal for Scotland, 2005 to date.  Member (part-time Chairman) Private Rented Housing Panel for Scotland, 2007 to date.

Previous appointments include: Member of the Scottish Legal Aid Board 1998-2002; Part-time Chairman of the Appeals Tribunal 1999-2007; Member (part-time Chairman) of the Rent Assessment Panel for Scotland 2001-2007.

Former positions include: Elected to Council of Faculty of Advocates 2005-2008.  Director of Faculty Services Ltd 2002-2007.  Convenor of the Scottish Legal Action Group 2002-2005.