Patrick McGuire is a Scottish solicitor and solicitor advocate.[1] He is a partner with personal injury law firm Thompsons Solicitors.[2]
He is known for his campaigning on issues relating to the rights of victims of accident and disease, including calling for and serving as the Recognised Legal Representative in three of the four Public inquiries held in Scotland since the Inquiries Act 2005 came into force: the ICL / Stockline Public Inquiry;[3] the Vale of Leven Hospital Public Inquiry (C-difficile);[4] and the Penrose Inquiry (infected blood products causing Hepatitis C and HIV).[5] Other victim-related campaigns include PiP breast implants,[6] DePuy hip replacements,[7] cyclists injured as a result of Edinburgh's tram works[8] and Edinburgh City Council's handling of babies ashes at Mortonhall Crematorium.[9]
In 2005 his work with trade unions on corporate homicide led to him being appointed as the STUC's legal adviser to the panel of experts set up by the Justice Minister, Cathy Jamieson, to consider the issue of corporate killing in Scotland.[10]
More recently Patrick has been involved in campaigning for a review of the civil justice system in Scotland[11] and reform of Scotland's Fatal Accident Inquiry system.[12]
He also serves on the Law Society of Scotland’s Access to Justice Committee.[13]
Notable cases
- Patrick Davidson v. Lothian & Borders Fire Brigade established that, despite the need to ensure that fire-fighters are properly and fully trained, fire-fighters still have the same rights under the health and safety legislation as any other employee.[14]
- Clement v. Scottish Ambulance Service and Skinner v. Scottish Ambulance Service established that use of traditional needles by branches of the NHS could be considered a breach of the country's health and safety legislation.[15]
- McFarlane v. Scottish Borders Council involved a road worker who was building a passing place and suffered injury when his vehicle rolled down a steep embankment. The case tested the parameters of the Construction (Health, Safety and Welfare) Regulations 1996 and the Provision and Use of Work Equipment Regulations 1998.[16]
- McGowan v. W & JR Watson Ltd. involved a band saw operating accident in which the claimant injured his hand. The defender's position was that the guard was functioning as it should have been, but Patrick argued that the regulations state dangerous parts must be guarded and there was strict liability in this regard.[17][18]
McFarlane and McGowan went to the Scottish appeal court, the Inner House of the Court of Session, and established that employers must do everything that is reasonably practicable to avoid risk and to safeguard employees. McGowan was notable as a prima facie case, whereby the employer had to prove they did everything possible to keep their employee safe. Patrick demonstrated to the court that the employer did not and therefore the appeal was upheld.[16][17]
In McFarlane, the judge in the first instance dismissed the claim and found the claimant to be 75 percent negligent. At the Inner House, the court upheld the appeal and "interfered" with the contributory negligence ruling, reducing this factor to 25 percent. This was significant, as typically the Inner House takes the first instance ruling as "matter of fact"; however, Patrick demonstrated the flawed nature of the initial ruling.[16]
References
- ^ "HIV blood products inquiry to view new evidence". BBC News. 12 November 2012. Retrieved 28 April 2014.
- ^ "Re-formed Access to Justice Committee members confirmed". Journal of the Law Society of Scotland. 13 September 2011. Retrieved 28 April 2014.
- ^ "Senior judge to lead inquiry into fatal factory explosion". The Scotsman. 5 December 2007. Retrieved 2 January 2022.
- ^ Staff Reporter (23 August 2011). "Campaigners say Vale of Leven C. diff inquiry must result in national action". The Courier. Retrieved 2 January 2022.
- ^ "HIV blood products inquiry to view new evidence". BBC News. 12 November 2012. Retrieved 28 April 2014.
- ^ "Thompsons takes up breast implants cause". Journal of the Law Society of Scotland. 9 January 2012. Retrieved 28 April 2014.
- ^ "Victims of dangerous hip implant defect could get compensation". Journal of the Law Society of Scotland. 2 December 2011. Retrieved 28 April 2014.
- ^ McCann, David (22 November 2012). "Edinburgh faces £1m tram payout to injured cyclists". The Scotsman. Retrieved 2 January 2022.
- ^ "Mortonhall baby ashes inquiry calls 'unanswerable'". Edinburgh Evening News. 25 April 2013. Retrieved 2 January 2022.
- ^ "Understanding the Corporate Manslaughter and Corporate Homicide Act 2007" (PDF). Ministry of Justice. Archived from the original (PDF) on 25 October 2007. Retrieved 17 October 2007.
- ^ Alderson, Home affairs correspondent, BBC Scotland, Reevel (7 February 2014). "Civil court reforms to speed Scottish justice". BBC News. Retrieved 28 April 2014.
{{cite news}}
: CS1 maint: multiple names: authors list (link) - ^ "MSP Announces Fatal Accident Bill". www.labour.co.uk. Archived from the original on 29 April 2014. Retrieved 28 April 2014.
- ^ "Re-formed Access to Justice Committee members confirmed". Journal of the Law Society of Scotland. 13 September 2011. Retrieved 28 April 2014.
- ^ "Judgement > PATRICK DAVIDSON v. LOTHIAN & BORDERS FIRE BOARD. OUTER HOUSE, COURT OF SESSION Opinion of Lord Dawson". Court of Session. 23 May 2002. Retrieved 2 January 2022.
- ^ "Judgement > IAIN HENRY SKINNER against SCOTTISH AMBULANCE SERVICE. EXTRA DIVISION, INNER HOUSE, COURT OF SESSION. A324/03. Opinion of Lord Marnoch". Court of Session. Retrieved 28 April 2014.
- ^ a b c "STEVEN McFARLANE v. SCOTTISH BORDERS COUNCIL". www.scotcourts.gov.uk. Retrieved 16 December 2021.
- ^ a b "McGowan v. W & JR Watson Ltd [2006] ScotCS CSIH_62 (28 December 2006)".
- ^ "McGowan v. W & JR Watson Ltd [2006] ScotCS CSIH_62 (28 December 2006)". www.bailii.org. Retrieved 16 December 2021.