Andrew R W Young QC
- Year of Call
- 1992
- Year of Silk
- 2007
- Devil Masters
- JG Reid QC
- Sheriff Principal Iain Abercrombie QC
Contact
andrewyoung@amadvocates.co.uk 07739 639336Practice Profile
Andrew’s practice is focused predominantly in the field of private law. Andrew has considerable experience in professional and clinical negligence in relation to cases involving solicitors, medical practitioners, architects, engineers, and actuaries. He also has an extensive practice acting for both pursuers and defenders in high value personal injury actions with a particular focus on catastrophic brain and spinal injuries. In this context he has experience of negotiating Periodic Payment Orders. In relation to his Tax practice, Andrew frequently acts for HMRC and Revenue Scotland but has also acted for taxpayers. He is regularly instructed in cases before the Commercial Court.
Education & Professional Career to Date
Trainee Solicitor, Dundas & Wilson
LLB (Hons), First class; Diploma in Legal Practice
Appointments
- Chairman, Competition Appeals Tribunal (part time) (2021–present)
- Chairman, Police Appeals Tribunal (2008–present)
- Convenor, Training & Admissions Committee and Board of Assessors, Faculty of Advocates
- Standing Junior to the Foreign & Commonwealth Office (1995–1997)
- Standing Junior to HM Customs & Excise (1997–2006)
Selected Cases
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CLINICAL AND PROFESSIONAL NEGLIGENCE:
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Andrews v GGHB 2019 CSOH 31
Clinical negligence claim following the death of a patient.
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Stewart Milne Westhill Ltd v Halliday Fraser Munro 2016 CSOH 76
Issues of prescription in a claim against architects.
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Rex Proctor & Partners Retirements Benefit Scheme Trusts v Edwards 2015 CSOH 83
A claim by pension trustees for losses caused by advice given about changes to the pension scheme.
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STV Central Ltd v Semple Fraser 2015 CSIH 35
Reclaiming motion in relation to a right for contribution from a surveyors’ firm in the context of a claim against solicitors.
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Royal Bank of Scotland v Halcrow Waterman Ltd 2013 CSOH 173
Issues of prescription in a claim against engineers.
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Cheshire Mortgage Corporation Ltd v Grandison [2012] CSIH 66; [2011] CSOH 152
Breach of warranty claim against solicitors in mortgage fraud situation
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Blower v Edwards [2010] CSOH 34
Claim against scheme actuary by pension trustees
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Watts v Bell & Scott WS [2007] CSOH 108
Solicitor's negligence claim involving damages for loss of development opportunity
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Karling v Purdue 2004 SLT 1067
Immunity of medical expert for evidence in criminal case
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Bristol & West BS v Aitken Nairn 1999 SC 678
Inner and Outer House Appeal. A solicitor's negligence case involving a barony title and the value of that for security purposes.
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Lomond Assured Properties Ltd v McGrigor Donald [1999] ScotCS 53
Professional negligence
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PERSONAL INJURY:
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Cameron v Swan 2020 CSOH 20
Severe brain injury from a road traffic accident.
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Cassells v Allan 2019 CSOH 14
Death of an employee in the car park of her work.
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Hill v Norside Ltd 2012 CSOH 187
Tetraplegic case following fall from scaffold.
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Jackson v Murray 2012 CSIH 100
Inner House case concerning contributory negligence in an RTA.
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Vaickuviene v J Sainsbury plc 2012 CSOH 69
Vicarious liability of employer for murderous act by employee on another employee.
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Flood v University of Glasgow 2010 CSIH 3
Stress at work.
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Law v Ronald & MIB 2010 CSOH 53
Whether pursuer knew car was uninsured
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Toner v George Morrison Builders 2010 CSOH 125
Work at height case
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Bremner v Bartlett 2008 CSOH 3:
Quantum of damages
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Carling v WP Bruce Ltd 2007 CSOH 119
Quantum of damages
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Rodger v C & J Contracts Ltd 2005 CSOH 47
Personal injury
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K. v Gilmartin’s Executory 2004 SC 784
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Sturgeon v Gallagher 2003 SLT 67
Personal injury
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Wallace v Paterson 2002 SLT 563
Serious brain injury.
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TAX:
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Barr Environmental Ltd v Revenue Scotland 2020
Scottish landfill tax.
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HMRC v Taylor Clark Leisure 2018 UKSC 35
Statutory timebar issues in relation to the right to reclaim overpaid VAT.
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HMRC v Frank A Smart & Sons Ltd 2017 CSIH 77
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John H Donald (Darvel) Ltd v HMRC 2015 UKUT 514
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Aberdeen Asset Management plc v HMRC 2014 SC 271
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Scottish Widows plc v HMRC [2011] UKSC 32
Taxation of insurance companies.
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DCM (Optical Holdings) Ltd v HMRC [2006] UKVAT V19549
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HMRC v Empowerment Enterprises Ltd [2006] CSIH 46
VAT exemptions.
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Optos plc v HMRC [2006] UKSPC SP00560
Tax
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John Clark (Holdings) Ltd v HMRC [2005] UKVAT V19327
Tax
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CR Smith Glaziers (Dunfermline) Ltd v HMRC [2003] UKHL 7
VAT exemptions
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Halladale Group Ltd v HMRC 2003 UKVAT V18218
Tax
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University of Glasgow v HMRC 2003 SC 355
Alternative assessments for VAT
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Cumbernauld Development Corp v HMRC 2002 SC 241
Tax
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North Anderson Cars Ltd v Commissioners of Customs & Excise [1999] STC 902
Tax
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COMMERCIAL:
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Aronson v Keeper of the Registers of Scotland 2014 CSOH 176
Case concerning the construction of sections in the Conveyancing & Feudal Reform Act 1970 in relation to postponed securities.
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United Central Bakeries Ltd v Spooner Industries Ltd [2012] CSOH 111
Dispute arising from a factory fire.
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Persimmon Homes Ltd v Bellway Homes Ltd [2011] CSOH 149; [2012] CSOH 60
Claim arising out of missives for sale of development land between housebuilders
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Clarke v Fennoscandia Ltd [2007] UKHL 56; [2004] ScotCS 257; [2003] ScotCS 209
Attempt to have a foreign decree declared invalid on grounds of fraud.
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Royal Scottish Assurance plc v Scottish Equitable plc [2006] CSIH 47
Action arising from alleged negligent design of financial products
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Logan v Scottish Water [2005] CSIH 73
Statutory compensation for pipeline based on ransom claim.
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McCrindle Group Ltd v Willis Corroon Scotland Ltd [2002] SLT 209
Claim against insurance brokers.
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Scottish Youth Theatre (Property) Ltd v Anderson [2002] ScotCS 94
Property
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Labinski Ltd v BP Oil Development Co [2003] ScotCS 15; [2001] ScotCS 294
Property
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OTHER:
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Chevron North Sea v Connor 2018 UKSC 7
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S v Children’s Reporter 2016 CSIH 74
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Ronald v Duke of Buccleuch 2015 CSOH 79
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Apollo Engineering Ltd v James Scott Ltd 2013 UKSC 37
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Morris Amusements Ltd v Glasgow Council [2009] CSOH 84
Acting for third party alleging breach of insurance policy negating cover
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Burnett's Trs v Grainger [2004] UKHL 8
Effect of a delivered but unrecorded disposition in a bankruptcy situation
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Thomas Muir Haulage Ltd v Sec of State 1999 SC86
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Sharp v Thomson [1997] UKHL 60
Property
Areas of Practice
Publications & Seminars
Commission and Diligence, Archibald MacSporran and Andrew Young (authors), Greens Practice Library, 1995
Gloag and Henderson: The Law of Scotland, contributor to 10th and 11th editions
Court of Session Practice 2005, contributor
Directories
Recommended in Chambers and Partners 2021 Bar Guide: ranked Band 1 for Professional Negligence, Band 1 for Personal Injury, and Band 1 for Tax. Ranked Band 2 for Clinical Negligence and Band 3 for Commercial Dispute Resolution.
‘An excellent advocate who is always very prepared and persuasive and charming in court’.
Recommended in The Legal 500 UK Bar Guide 2019: ranked Band 1 for Personal Injury and medical negligence
"He hones in on the core issues of a case"
Additional Information
Andrew has experience of acting as an agreed expert in the determination of contractual disputes between parties