BJ Gill
- Year of Call
- 2006
- Devil Masters
- Ruth Crawford QC
- Thomas L Ross QC
Contact
bjgill@amadvocates.co.uk 07775 780585 Check Faculty diaryPractice Profile
BJ Gill has a general practice in public and administrative law and valuation for rating.
He has acted in over a hundred judicial reviews and statutory appeals to the Court of Session, principally in relation to immigration/asylum and planning matters. He recently appeared for the UK Government Law Officers in their reference to the Supreme Court under section 33 of the Scotland Act 1998 for a ruling on the legislative competence of the Scottish Parliament’s UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill, the first such reference to be made. He is Standing Junior Counsel to the Advocate General for Scotland and HMRC.
He also has a particular interest in valuation for rating. He acts for both Assessors and ratepayers, in the Lands Valuation Appeal Court, local valuation appeal committees and the Lands Tribunal for Scotland. He regularly speaks at IRRV and RICS events on the subject and in 2017 gave oral evidence on behalf of the Faculty to the Barclay Review of Non-Domestic Rates.
Other matters of note include appearing as junior counsel for the applicants in public inquiries on applications under section 37 of the Electricity Act 1989 for consent for the Gills Bay and Beauly-Denny overhead electricity transmission lines (2017 and 2007-2008, respectively); appearing for the MoD in a public inquiry on an application under section 36 of the Electricity Act 1989 for an extension to the Hill of Towie windfarm (2015-2016); drafting the statutory instrument granting a development consent order for the Ferrybridge Multifuel (FM2) Power Station (an English “nationally significant infrastructure project” under the Planning Act 2008) (2015-2016); and appearing as junior counsel for Greater Glasgow Health Board in the Vale of Leven Hospital Inquiry (2010-2014).
Education & Professional Career to Date
Assistant Parliamentary Counsel, London (2003-2005)
Associate, Corporate Department, Freshfields Bruckhaus Deringer, London (2002-2003)
Vice President, Aircraft Principal Finance Group, Morgan Stanley, London (2000-2002)
Associate, Corporate Department, Davis Polk & Wardwell, New York and London (1995-2000)
BA (Hons) in England and French, University of Oxford (1992)
LLB, University of Edinburgh (1994)
LLM, University of Pennsylvania (1995)
Appointments
- Standing Junior Counsel to the Advocate General for Scotland (Aug 2012–present)
- Standing Junior Counsel to HMRC (Aug 2018–present)
- Standing Junior Counsel to the Home Office (Aug 2012–Jul 2018)
- Clerk to the Examiners and Depute Clerk of Faculty (2015–present)
- Attorney and Counsellor at Law and Member of the New York State Bar (1995–present)
Selected Cases
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Assessor for Central Scotland Valuation Joint Board v British Waterways Board (Scotland) [2018] CSIH 82 (LVAC)
Scope of a section 2(1)(f) “error” appeal
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The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64 (UKSC)
UK Law Officers’ reference to the Supreme Court for a ruling on the legislative competence of the Scottish Parliament’s Brexit Bill.
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Grampian Assessor v Anderson, Anderson and Brown LLP [2018] CSIH 15, 2018 SC 370, 2018 SLT 293 (LVAC)
Definition of material change of circumstances; material change of circumstances based on economic downturn.
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O v Advocate General for Scotland [2018] CSOH 7, 2018 SLT 163 (OH)
Lawfulness of asylum support regulations
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Fife Council Assessor v Hall Construction Services Ltd [2017] CSIH 71, 2018 SC 163, 2017 SLT 1334 (LVAC)
Material change of circumstances based on exhaustion of an opencast coal mine
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Tesco Stores Ltd v Fife Council Assessor [2016] CSOH 76, 2016 SLT 1260 (LVAC)
Material change of circumstances based on opening of nearby supermarket
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John Muir Trust v Scottish Ministers [2016] CSIH 51, 2017 SC 207 (IH)
Judicial review of windfarm consent under section 36 of the Electricity Act 1989
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A v Secretary of State for the Home Department [2016] CSIH 39, 2016 SLT 1208 (IH)
Entitlement to a residence permit under Citizens Directive
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Secretary of State for Work and Pensions v Robertson [2015] CSIH 82, 2016 SC 725, 2016 SLT 52 (IH)
Vires of regulations for disability living allowance; appellate jurisdiction of the court
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Imperial Tobacco Ltd, Petitioner [2012] UKSC 61, 2013 SC (UKSC) 153, 2013 SLT 2 (UKSC)
Legislative competence of the Scottish Parliament to pass sections 1 and 9 of the Tobacco and Primary Medical Services (Scotland) Act 2010; scope of reserved matters in Schedule 5 to the Scotland Act 1998
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Sinclair Collis Ltd v Lord Advocate [2012] CSIH 80, 2013 SC 221, 2013 SLT 100 (IH)
Legislative competence of the Scottish Parliament to pass section 9 of the Tobacco and Primary Medical Services (Scotland) Act 2010; articles 34 and 36 of the Treaty on European Union