Greg MacDougall

Experience

  • As a solicitor advocate, I have acted for a wide range of corporates, insurers and healthcare organisations in litigations and fatal accident inquiries (FAIs) in Scotland in the Court of Session, the All-Scotland Personal Injury Court in Edinburgh and the regional Sheriff Courts.
  • My main area of expertise is in handling complex claims and I regularly appear in court myself.
  • I am head of the Scottish travel and holiday claims team and have expertise in handling complex holiday sickness and food poisoning claims and accidents abroad. Such complexities have included the investigation of the links between salmonella and ulcerative colitis.
  • I also specialise in healthcare and ophthalmic litigation advising professionals, organisations and insurers on negligence claims and conducting FAIs. Examples include acting for a nurse in an FAI that concerned an overdose in an addiction clinic; acting for a dispensing pharmacist in an FAI involving a fatality in a prison and acting for many other healthcare professionals and organisations in defending complex negligence claims.
  • I regularly act in high value motor and EL/PL claims or such claims where there are complex injuries (such as nervous shock) or where there is fraud. I assist major insurers in their volume motor work and have a team that deals in credit hire claims, fraudulent claims and low speed impacts. In addition, I have handled aviation claims and lead a team in the defence of claims on behalf of baggage handlers, ground crew and airlines including claims involving the Montreal Convention.
  • As a solicitor advocate I help clients in their cases from the initial stages to conducting the hearings, trials (proofs) in all of the Scottish courts myself using my extended rights of audience. 
     

Significant reported cases

Weddle v Glasgow City Council 2019 SC EDIN 42 – This was a case involving a witness to the Glasgow Bin Lorry tragedy of December 2014 who sustained PTSD.  I acted as junior counsel to Andrew Smith QC in a case that dealt with what is required for a pursuer to be considered a primary victim in Scots Law.

Zdrzalka v Sabre Insurance 2019 Rep LR 6 – An expenses argument in the All-Scotland Personal Injury Court where consideration was given how the Compulsory Pre-Action Protocol should be interpreted.

Ahmed v QBE Insurance (Europe) Ltd [2017] SAC (Civ) 22 – This was an appeal over an issue about who pays for a third party`s expenses in a situation where there is a delay on the part of a pursuer accepting a tender from the defender.

Young v MacVean 2016 SC 135 –  This was a claim involving a mother witnessing the aftermath of an accident involving her son.  Issues over definition of secondary victims and damages awarded in a fatal claim.

D v Graham's Dairies Ltd 2016 GWD 35-631 – I acted as Junior Counsel in a Court of Session proof over a causation and quantum of a back injury allegedly caused by an accident at work. It also considered the legal implications of whether or not there could be a services claim on behalf of the pursuer’s partner in circumstances where he did not reside with the pursuer.

Brown v Sabre Insurance Co Ltd 2014 GWD 18-342 - This case involved a Court of Session hearing on issue of expense when Voluntary Pre-Action Protocol not agreed (I appeared as counsel for the defender).

Brown v AXA Corporate Solutions 2013 GWD 27-548 – A Credit Hire Proof (and appeal) where I acted for the defender. The defender succeeded on all points at first instance and then appeal.

Foster v Dundee City Council and Scottish Water 2012 SLT (Sh Ct) 49 – I acted for the third party in this case which was about who has responsibility of a negligent inspection in the case where the defender does the inspection but the third party is responsible for the defect. The court held that the defender was fully liable.

Contact Details


+44 131 225 9855
greg.macDougall@blmlaw.com
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