Our Advocates

Professional Information:

Year of Call: 2000
Devil Masters: R.G.Clancy, Q.C.
Qualifications: LL.B. (Hons) University of Aberdeen, 1995; Dip.L.P. University of Edinburgh, 1996; LL.M. (By Research) University of Aberdeen, 1999.

Biography:

Walter graduated from the University of Aberdeen in 1995. Awarded the Diploma in Legal Practice by the University of Edinburgh in 1996, he returned to Aberdeen to research a Master of Laws thesis entitled ‘The Privacy Rights of Public Figures in Scots Law’. Between 1997 and 1999 he trained at Murray Beith Murray W.S. and he was admitted as a Solicitor in December 1998. He was admitted as a member of Faculty in July 2000.  

He has acted in a wide range of Property matters including disputes over servitude rights of access; whether rights of access include a right to park; neighbourhood disputes regarding overhanging trees and disputed boundaries; and more general advice relating to title problems. In addition he has acted with Senior Counsel and on his own in several large professional negligence cases relating to conveyancing transactions. He has also advised on a community right to buy matter. 

He has a particular interest in Crofting law, his grandfather Murdo Montgomery having been the Gaelic-speaking member of the Scottish Land Court during the 1950s and 1960s. He has appeared in both the Divisional and Full Court; and has given advice on a number of matters relating to crofting tenancies, usually but not always acting on behalf of the landlord. He is currently involved in a project to write a history of the Scottish Land Court to mark its centenary in 2012.

He has acted in a number of Trusts matters, including Petitions for the judicial variation of trusts, both on own and with Senior Counsel. He has also acted as Reporter to the Court in a number of such petitions. Allied to this is his interest in Wills & Succession which has included advice on the formal and essential validity of wills, proving the tenor of lost documents and the inheritance of crofts. 

He has also represented clients in a number of Commercial Law matters, the range of which is wide but includes actions based on fraudulent misrepresentation, unjustified enrichment, breach of a restrictive covenant clause, breach of contract and several complex building contract cases. 

Between 2003 and 2005, and since 2008 he has been on the panel of Counsel approved to act as an ad hoc Advocate Depute. This involves representing the Crown in the Court of Criminal Appeal; in proceedings under the Proceeds of Crime Act 2005; and prosecuting in the High Court of Justiciary at trials throughout Scotland. He has also acted as Junior Counsel for the Crown in a number of high-profile cases including the prosecution, in 2007, of Peter Tobin for the murder of Angelika Kluk. In June 2010 he represented the Crown in the prosecution of two men for the murder of Allison McGarrigle.

Since 2007 he has served as Legal Member of the Mental Health Tribunal for Scotland, chairing Tribunal hearings at hospitals and community venues throughout Scotland; and making decisions on the compulsory treatment of people suffering from mental disorder. The workload involves first instance decisions, appeals and reviews; and includes work at The State Hospital, Carstairs. In 2010 he was appointed to appraise Legal Members of the Tribunal.

Having chaired over 180 Tribunals, Walter has developed significant experience in the medico-legal aspects of mental health. He has a special interest in the care and treatment of those with dementia.

Walter is available to advise on mental health matters, and to represent patients in Tribunals.

Appointments:

• Trustee, Enlighten – Tackling Epilepsy, 1999 – 2005
• Advocate Depute ad hoc 2003 – 2005; 2008 to date
• Duty Lawyer, The Scotsman, 2004
• Legal Member, Mental Health Tribunal for Scotland 2007 to date
• Legal Appriaser, Mental Health Tribunal for Scotland 2010 to date

 Memberships:

• Curator, Advocates Library, 2003 – 2005;
• Member of Faculty of Advocates’ Equality & Diversity Committee, 2008 to date;
• Member of Faculty of Advocates’ sub-committee to draft response on behalf of Faculty during consultation stage of Sir Kenneth Calman’s Commission on Devolution.

Publications:

Walter is co-contributor, with the Right Honourable Lord Eassie, of two chapters in Court of Session Practice (Tottel, 2005). These chapters cover ‘Jurisdiction’ and ‘Enforcement and Recognition of Judgements’. 

In 2008 Walter was appointed a Reporter for Session Cases, Scotland’s most authoritative law reports – see McGowan v Summit at Lloyds 2002 S.C. 638.

Recent Cases:

• MacPherson v Walker 2002 S.L.C.R. 76
• McIntyre v Dagg 2003 S.L.C.R. 84
• H.M.A. v Peter Tobin, Edinburgh High Court, May 2007
• H.M.A. v McKnight + 8, Edinburgh High Court, September 2007
• H.M.A. v Anderson & McDonald, Glasgow High Court, 2008
• H.M.A. v Lauchlan & O'Neill, Glasgow High Court, June 2010

Additional information: 

Walter regularly speaks at C.P.D. meetings, several of which are on an annual basis. This includes successful lecture on ‘Pleading a Reparation Case from a Defender’s Point of View’. He has also provided ad hoc seminars for a number of city centre law firms. 

He has an eclectic knowledge of Parliament House, her customs and (most importantly) portraits and stautuary; and is often asked to give talks or accompany visitors round the building. In 2005 he provided a number of tours to the Edinburgh Antiques and Fine Arts Society. In 2008 he talked to members of the Art Fund (http://www.artfund.org/) on the history of Parliament Hall.