Jonathan Brodie KC

Year of Call
1994
Year of Silk
2009
Devil Masters
The Rt Hon Lord Reed SCJ
The Rt Hon Lord Boyd of Duncansby
Sheriff Principal Craig Scott KC

Contact

jonathanbrodie@amadvocates.co.uk 07739 638948

Practice Profile

Jonathan has extensive, evidentiary and appellate advocacy experience in the Court of Session, High Court and Supreme Court as well as various Tribunals and Inquiries. His areas of practice cover and have covered personal injuries, professional negligence, public and administrative law, planning and conservation, crime (including regulatory, financial and health and safety). He offers a breadth of experience of both subject matter and forum.

As junior counsel, Jonathan had a varied practice covering personal injuries work, professional negligence, public and administrative law and planning and heritage law. He served as a standing junior counsel for ten years: first to the Secretary of State for Scotland and then to the Department of Work and Pensions. This work saw regular judicial review, specialist tribunal and appellate appearances.

Jonathan entered Crown Office, at the same time as taking silk in 2009, where he became a senior advocate depute. Appointments included time in the National Sexual Crimes Unit and as dedicated Crown Counsel to the Health and Safety Executive. Work involved: extensive trial work, including white collar and regulatory crime; regular advisory work; regular appearance in the Appeal Court; appearance in the Supreme Court and written interventions in the Supreme Court

He has appeared in a number of FAIs and public inquiries: recently representing family interests in the Clutha helicopter crash inquiry, and an educational establishment in the Child Abuse Inquiry.

Most recently, practice, in the Outer and Inner House of the Court of Session has seen a focus on personal injuries cases involving catastrophic injuries, industrial disease litigation, child abuse litigation & medical negligence.

Jonathan served for eight years as Director of the Arnot Manderson Stable. He has served as as Vice Convenor of the Church of Scotland Disciplinary Committee. He is passionately committed to advocacy training; is a regular instructor on the Faculty’s Devil’s Training, teaches on the Law Society’s Solicitor Advocates Training Programme; and has on several occasions been an instructor on the South African Bar’s advocacy training programmes, both in residential courses in South Africa and online. Jonathan is Convenor of the Faculty’s Training and Education Committee.

Jonathan was appointed Procurator to the General Assembly of the Church of Scotland in May 2023, a role that may be seen as standing senior counsel to the Church.

Education & Professional Career to Date

Trainee Solicitor, Dundas & Wilson CS (1991–93)

Appointments

  • Convenor of the Faculty’s Training and Education Committee (2023–present)
  • Procurator to the General Assembly of the Church of Scotland (2023–present)
  • Senior Advocate Depute, National Sex Crimes Unit, 2010–11; Dedicated Crown Counsel to Health and Safety Division, Crown Office, 2011–13 (2010–2013)
  • King's Counsel (2009–present)
  • Trials Advocate Depute (2009–2010)
  • Ad hoc Advocate Depute (2005–2009)
  • Standing Junior to the Department of Work and Pensions (2000–2009)
  • Standing Junior to the Bible Board of Scotland (1998–2000)

Selected Cases

  • Jude v HMA [2012] SC (UKSC) 222

    UK Supreme Court. The admissibility of admissions in respect of detention and time-bar under the Scotland Act 1998

  • Ambrose v Harris [2012] SC (UKSC) 51
  • Assange v Sweden [2012] 2 AC 471 (UKSC)

    Lord Advocate’s Written Intervention in respect of enforcement of the European Arrest Warrant under the Extradition Act 2003

  • Sarwar v HMA [2011] HCJAC 13

    Two-week appeal concerning MTIC fraud (missing trader intra-community VAT fraud) under the Proceeds of Crime Act 2002

  • Duffield Morgan Ltd v Lord Advocate [2004] SLT 413

    Procedure roll debate concerning rights of way and servitudes under the Scheduled Ancient Monuments Act 1979

  • Gillies v Secretary of State for Work and Pensions [2006] SC (HL) 71

    Before both the Tribunal of Social Security Commissioners and the House of Lords. An appeal concerning apparent bias and the constitution of social security appeal tribunals

  • Cunningham v Secretary of State for Work and Pensions [2005] 1 SC 19

    Statutory appeal to the Inner House concerning apparent bias of social security appeal tribunals

  • Mooney v Secretary of State for Work and Pensions; Capello v Secretary of State for Work and Pensions

    Representing the Department of Work and Pensions in Judicial Reviews against decisions of the Social Security Commissioners in these two cases

  • Howie v CGU Insurance plc

    Commercial Court action concerning insurance indemnities

  • Chadwick v Continental Tyre Group Ltd [2008] CSOH 24

    Procedure roll debate concerning questions of construction under the Consumer Protection Act 1987

  • McCusker v Cunningham and Glen 2008

    Personal injury action proof concerning liability and contribution proceeding in fatal road traffic accident (acting as junior counsel for defenders)

  • Balmer v HMA [2008] SLT 799

    Successfully led a seminal appeal in Scotland against the competency of prosecuting a dissolved partnership for health and safety breaches under the Health and Safety at Work Act 1974

  • G Hamilton (Tullochgribban Mains Ltd) v Highland Council and Ennstone Thistle Ltd 2009

    Petition for Judicial Review in respect of a decision relating to old mineral permissions under the Town and Country Planning (Scotland) Act 1997

  • William Tracey Ltd v Secretary of State and Renfrewshire Council [2005] CSHIH 15

    Appeal to the Inner House under the Town and Country Planning (Scotland) Act 1997 in respect of Cerficates of Lawfulness of Existing Use or Development

  • Hyaltech Ltd v Medicines and Healthcare Products Regulatory Agency (MHRA) [2007] CSOH; Inner House – 2009 SLT 92 842007 and 2008

    Acting for MHRA, successfully opposed petition for Judicial Review and subsequent appeal. The case involved issues concerning the regulatory functions of MHRA in respect of medical devices and medicinal products

  • Seven-week planning and scheduled ancient monument consent appeal hearing on the instructions of Historic Scotland in respect of Castle Tioram (2001)

  • Four-week planning and scheduled ancient monument consent appeal hearing on the instructions of Historic Scotland in respect of Rowallan Castle (2002)

  • Social Security/Child Support Commissioners' Hearings and Tribunals of Commissioners: some 70 substantive appeals on questions of law in my capacity as Standing Junior Counsel to the Department of Work and Pensions (2004–09)

  • Special Commissioners of Inland Revenue: four-day hearing before the Special Commissioner (Gordon Reid QC). Test case considering the definition of 'offshore installation' in respect of UK citizens working in the Gulf of Mexico (2009)

  • NHS Tribunals: four tribunal hearings considering the removal of medical practitioners from the relevant NHS lists for alleged misconduct (2004–09)

  • Fatal Accident Inquiry into the death of Kieran Nichol at Castle Craig Nursing Home. A 10-week FAI into the death of Kieran Nichol following admission for treatment for heroin addiction, before Sheriff Gordon Liddle (2009)

Additional Information

Jonathan has contributed significantly to the Faculty of Advocates Advocacy Skills Training, having completed a NITA instructional course for advocacy trainers in the USA in 2004