- Year of Call
- Year of Silk
- Devil Masters
- DI Mackay KC
Contactmariangilmore@amadvocates.co.uk Telephone number available from Clerks upon request
The nature of Marian's highly specialised practice complements and consolidates her invaluable technical expertise acquired in her significant career before coming to the Bar. Marian is chiefly instructed in cases concerning clinical negligence, aviation, mental health, personal injury (particularly high value claims such as those involving serious head injuries), occupational stress, disciplinary and regulatory hearings, and fatal accident inquiries. She regularly applies her in-depth knowledge of medical, pharmaceutical, and aeronautical engineering matters in the course of her work.
Marian's experience as a Mental Health Tribunal convenor has provided insight into psychiatric disorders and their treatment. Her aviation practice in particular has required her to analyse considerable foreign law material in a variety of languages. She also draws upon her first-hand experience of military matters: Marian's husband was at one time an aeronautical engineering officer in the armed services.
Education & Professional Career to Date
Senior Legal Counsel, GlaxoSmithKline
Legal Adviser, Westland Aircraft Ltd
Legal Adviser, Societe Generale
LLB (Hons) (Edinburgh); DESU (Aix-Marseille); Dr de L'Univ (Aix-Marseille); Vans Dunlop Scholar (Edinburgh); Scholarship to Harvard Law School
- Lecturer, Professional Regulatory Law, Aberdeen University (2017–present)
- Legally Qualified Chair, Scottish Social Services Council (SSSC) (2017–present)
- Convener, Pensions Appeal Tribunals for Scotland (2015–present)
- Chair, Police Appeals Tribunal (2013–present)
- Legal Assessor, Nursing and Midwifery Council (2006–present)
- Convenor, Mental Health Tribunal for Scotland (2004–present)
- Faculty Appointee to National Co-ordinating Committee, Diploma in Legal Practice
- Member, Legal Education and Admission Committee
- Member, Strategy Committee
- Curator. Advocates Library
- Disciplinary Rules, Investigating Committee
Alan Bell v CHC Scotia Ltd (2017)
Litigation arising from fatal crash of Super Puma helicopter off Shetland with 4 fatalities.
Abram v British International Helicopters (2014)
PTSD claim arising from North Sea helicopter accident. Case dismissed.
Gardner v Air France (2011)
Litigation arising from fatal crash of AF447 into the Atlantic with 228 fatalities
Aitken v Scottish Ambulance Service  SLT 822
Fatal Accident Inquiry into death of Danielle Scott (2010)
Represented HJS Helicopters Ltd, the maintenance organisation during re-fit of the aircraft. Successfully submitted that the Court should find contributory negligence on the part of the pilot.
Successful aviation case in which Flying College was found to be negligent in permitting a volatile student to fly solo in poor weather conditions.
Executors of John Easson v Edinburgh Air Charter and Ors (2002)
Represented executors of pilot of Cessna 404 Titan involved in air accident with 8 fatalities. Litigation in Scotland and US.
William Montgomerie v Glasgow Prestwick International Airport and Another
Personal injury to employee arising from accident on aircraft apron
Mitchell v. Monarch Airlines
Personal injuries sustained during emergency evacuation of aircraft.
John Westwood v Loganair Ltd
Accident on board aircraft causing serious head injury.
King v Bristow Helicopters Ltd / Morris v KLM Royal Dutch Airlines  SLT 919 (OH);  SLT 126 (IH);  SC(HL) 59
Further Aircraft Accident cases which went to the House of Lords and which involved interpretation of the Warsaw Convention in relation to the meaning of accidents and bodily/psychiatric injury.
Cross v HIE and WIE  SLT 1060
Gilbert v MOD (1999)
RAF Nimrod crashed during flying display with 7 fatalities. Official inquiry had found pilot error in modifying a display manoeuvre. Despite this, successfully argued that RAF training procedures were deficient.
Aircraft Accident cases which went to the House of Lords and which involved interpretation of the Warsaw Convention in relation to the meaning of accidents and bodily/psychiatric injury.
Areas of Practice
Publications & Seminars
Stable seminar on no-fault compensation
Diploma in Trial Advocacy; advocacy instructor
Attachment to the French Bar
Prepared Faculty response to Scottish Government Consultation Paper on Mental Health (Care and Treatment) (Scotland) Act 2003
Prepared Scottish Law Commission's response to English Law Commission Consultation Paper 'Damages for Wrongful Death'
Translation of ECHR judgements for publication by W Green