Our Advocates

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Maurice O'Carroll

Maurice O'Carroll

From the Legal 500, 2009: [Maurice has a] loyal following for his expertise in planning appeals, extending his practice to professional negligence reparation actions.

 

Professional Information:

Year of Call:
1995
Devil Masters: Devil Masters: The Hon. Lord Bracadale; The Hon. Lord Woolman
Qualifications: LL.B (Hons) University of Edinburgh; Dip. L.P. University of Edinburgh


Biography:

Maurice called to the Bar in 1995 and has developed a varied and successful practice with particular emphasis on Planning, Employment, Public and Administrative Law, Professional Negligence and Commercial Law as well as general reparation.  He has conducted planning inquires for developers, objectors and local authorities and has appeared on many occasions in the Employment Tribunal and Employment Appeal Tribunal.

Maurice is also a Legal Associate to the Royal Town Planning Institute, and has been a Standing Junior Counsel to the Scottish Government since 2003.   In addition to his extensive experience conducting civil actions within the Court of Session (both at appeal at first instance), Maurice has experience of appearing in the Sheriff Courts and the Land Court.  Maurice has also gained jury trial experience in his capacity as an ad hoc advocate depute for the Crown Office, a position he has held since 2000.

Prior to coming to the Bar, Maurice O'Carroll worked in Brussels for three years, initially with the European Commission and then with a commercial law firm specialising in international trade.


Appointments:

  • Standing Junior Counsel to the Scottish Government since 2003
  • Ad hoc Advocate Depute since 2002
  • Secretary to the Bar Planning Law Group (SPLGEBG) since 1998
  • Secretary of newly formed Faculty of Advocates Employment Law Group since 2010


Publications:

  • Scottish Planning Factbook (chapter 6 - appeals)
  • Articles in Scottish Property and Environmental Law Journal


Recent Cases:

  • September 2009 - Commercial Cause proof in the Court of Session for defenders regarding a contractual dispute.
  • May 2009 - Prosecutor in High Court Dunfermline
  • April 2009 - Planning inquiry for Muir Homes regarding development of a hotel at Deer Park, Livingston
  • March 2009 - Planning inquiry for Robertson Homes regarding development for housing at the Knockomie Estate, Forres
  • December 2008 - Planning inquiry for Fife Council in objection to proposed hotel development at the Fairmont Resort, St Andrews
  • March 2008 - Inner House appeal for Scottish Government (Barachander v Scottish Ministers, reported at 2008 SLT 281)
  • February 2008 - Enforcement appeal inquiry for Perth & Kinross Council in respect of Mill House Caravan Park, Crieff
  • January 2008 - Windfarm inquiry for Fife Council in opposition to a proposed development at Auchtermuchty by Energie Kontor
  • October 2007 - Judicial Review in respect of action brought by Dalfaber Action Group against the Scottish Ministers and one other respondent opposing the grant of permission for development near Aviemore
  • October 2007 - Proof in Hamilton Sheriff Court for South Lanarkshire Council
  • August 2007 - Planning inquiry for Falkirk Council in opposition to a proposed quarry expansion at Cowdenhill
  • June 2007 - Commercial Cause proof for pursuers in respect of an action for professional negligence
  • January - March 2007 - Windfarm planning inquiry for Green Power in respect of conjoined applications for developments in the Ochils, Perthshire

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