Our Advocates

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Stephen O'Rourke

Stephen O'Rourke

Advocate Depute, March 2010 - present.

 

Professional Information:


Year of Call:   2002

Devil Masters: W. James Wolffe QC; Jamie Gilchrist QC; Robert Milligan QC; Chris Shead
Qualifications: LL.B.(Hons), First Class (Univ. of Edinburgh); Dip.L.P. (Univ. of Edinburgh)


Biography:

 

Stephen has a broad civil practice, with particular expertise in the areas of planning, judicial review and administrative law, property and agricultural law, civil and commercial, professional negligence, tribunal proceedings, arbitration and mediation. He has appeared in cases before the Inner and Outer Houses of the Court of Session, the Sheriff Courts, the Scottish Land Court, the Lands Tribunal for Scotland, the Scottish Solicitors Disciplinary Tribunal and the Immigration Appeal Tribunal. 

 

 

Appointments:

Advocate Depute 2010 to date

Ad Hoc Procurator Fiscal Depute (solemn matters)

Seconded to The Home Office as an Advocacy skills trainer (2007)

Tutor in Commercial Law, Business Entities and Roman Law at Edinburgh Law School

 

 

Membership:

 

Chartered Institute of Arbitrators (Associate Member) (AM.C.I.Arb.)

Faculty Council (elected in November 2005)

Agricultural Law Association

Scottish Planning, Local Government and Environmental Bar Group

Professional Negligence Law Group

Member of Edinburgh Law School's Centre for Commercial Law

Member of the Council of the Stair Society

 

Recent cases:

  • Acting for and successfully advising a Scottish University as regards the effect of the Procurement Directives and Public Contracts (Scotland) Regulations 2006 upon its planned £60 million commission and construction of a new Faculty of Education department.
  • Acting for and advising a major Highland Landowner in respect of 4 separate local authority enforcement notices in terms of Section 14 of the Land Reform (Scotland) Act 2003.
  • Acting successfully for a major licensed premises owner in an appeal to the Scottish Government against a planning enforcement notice issued by a local authority (including a successful application for costs).·         Acting for and advising a Highland Games Company as an interested party in an action for judicial review of planning decisions by a local authority.
  • Acting for and advising individual objectors at public local inquiry hearings on the South Lanarkshire Local Plan.
  • Acting for and advising a consortium of landowners in a Sheriff Court appeal in terms of Section 61 of the Land Reform (Scotland) Act 2003 (refusal by the Scottish Ministers of an application to register a Community Interest).
  • Acting for and advising an Institutional Property Investor in a number of Court of Session actions for removal (orders under Section 46 of the Court of Session Act 1988) and interdict.
  • Advising a number of separate Property Developers on the implications of title conditions following the Abolition of Feudal Tenure (Scotland) Act 2000.
  • Acting for and advising parties in proceedings before both The Scottish Land Court (Agricultural Holdings) and The Lands Tribunal for Scotland (applications for variation or discharge of title conditions).·         Advising and acting for a Scottish Construction Company on the implications of the Sale of Goods Act 1979 and the Supply of Goods (Implied Terms) Act 1973 in respect of plant, equipment and stock in trade.
  • Advising and acting for a Scottish Bank on its rights, duties and liabilities in respect of a number of Civil Recovery Procedures brought under the Proceeds of Crime Act 2002.
  • Acting for and advising in 3 boundary dispute actions between insured private homeowners at Dunoon, Paisley and Perth Sheriff Courts.
  • Advising and successfully acting in arbitration for a member of a farming partnership in a dispute arising from the retirement of a fellow partner.

A range of general Chambers opinion work including the construction and interpretation of missives and title conditions, property development option agreements and prospects of judicial review/statutory appeal in a range of property, planning and licensing matters.

 

 

Publications:

Editor, Green’s Glossary of Scottish Legal Terms (4th Edition), 2004
‘Rural Land Reform – achieving its intentions?’ (Review of the Agricultural Holdings (Scotland) Act 2003) (SCOLAG, 2002)


Recent Articles/Events:

A number of CPD events for Law Firms in Edinburgh and Glasgow on topics including ‘An Introduction to the Companies Act 2006’, ‘Raising actions in the Court of Session Commercial Court’ and ‘An introduction to the Planning etc. (Scotland) Act 2006’

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