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Peter Ferguson QC

Peter Ferguson QC

 

Professional Information:

Year of Call:
1987
Year of Silk: 2005
Devil Masters: Malcolm G. Thomson QC; Herbert A. Kerrigan QC
Qualifications: LL.B (Hons) Edinburgh University, M.Sc (Distinction) Edinburgh University, Dip.L.P Strathclyde University


Biography:

Peter has been at the Bar for over 20 years and in that time he has gained experience in a broad range of both Civil and Criminal cases.  He is experienced in both the Inner and Outer House of the Court of Session as well as the High Court of Justiciary and Criminal Appeal Court.  Peter has also acted in Sheriff court ordinary cause and summary criminal proceedings.

Peter has extensive experience in Personal Injury work, including Clinical Negligence and Professional Negligence, and has acted in Fatal Accident Inquiries at Glasgow sheriff court (medical negligence; death in maternity ward) and Edinburgh (double death in fire at premises in industrial estate in West Lothian).  He has advised in respect of compensation for miscarriages of justice by way of written submissions to an Independent Assessor appointed by the Scottish Ministers (2005-2009).

Peter's down to earth approach to the law gives clients confidence in the advice he gives.


Publications:

  • Essays in Honour of Sir Gerald Gordon -  chapter entitled The Mental Element in Modern Criminal Law; published 2010 by Edinburgh University Press (EUP)
  • Crimes against the Person (1st edn, 1990; 2nd edn, 1998)
  • Renton & Brown, Criminal Procedure Legislation (annotations)
  • Renton & Brown, Statutory Offences (annotations) 


Appointments:

  • Member of Scottish Criminal Cases Review Commission (2011 to date)
  • Ad hoc Advocate-depute
  • External Examiner in Evidence in LL.B. Ordinary Degree, Edinburgh University (1991-1994)
  • Member of Faculty of Advocates Criminal Bar Association
  • Editor of Session Cases (2000)


Recent Cases:

  • Lilburn v HM Advocate 2011 S.L.T. 861 (bench of five judges on human rights/diminished responsibility)
  • Fotheringham & Son v The British Limousin Cattle Society Ltd 2004 S.L.T. 485, Inner House (judicial review and Competition Act 1988)
  • Coia v HM Advocate 2008 S.L.T. 1115 (human rights)
  • Allison v HM Advocate 2009 S.L.T. 550 (human rights)


Recent Articles and events:

  • "The right to legal advice in detention" 2010 S.L.T. (News) 197
  • "Similar fact evidence and bad character" 2011 S.L.T. (News) 147
  • "The right of access to a lawyer" 2009 S.L.T. (News) 107 (human rights)
  • "Malice and negligence" 2007 S.L.T. (News) 127 (civil liability of police and other public authorities)
  • "Corporate Manslaughter and Corporate Homicide Act 2007" 2007 S.L.T. 252 (regulatory crime)
  • "Recovery orders and penalties" 2006 S.L.T. (News) 253 (human rights and civil recovery under Proceeds of Crime Act 2002)
  • District Court Clerks' Association - speaker

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