Andrew Scott

Called 2002

About

Andrew was called to the Bar in 2002, prior to this he worked as a qualified nurse and has also worked as a Regional Official for the National Association of School Masters & Union of Women Teachers.

In 2007 and 2012 Andrew was appointed by the Attorney General as Junior Counsel to the Crown (Regional Panel) and undertakes civil work for HMRC, DWP, MOJ, DVLA in areas as diverse as Data Protection, Freedom of Information, Employment Law, Judicial Review, Personal Injury Claims.

Andrew presents lectures and training days on Employment Law for Schools and Colleges. Headteachers grade his presentations as “Outstanding”.

Andrew speaks German to level B1 under the Common European Framework of Reference for Languages.

He joined Parklane Plowden in 2008 from 37 Park Square (Leeds) and undertook Pupillage at Doughty Street Chambers under Robin Oppenheim QC and Jill Evans.

Areas of Expertise

As a former Regional Official for the National Association of School Masters & Union of Women Teachers, his principal role was advising and representing members in respect of Employment Law. He acted in areas of wrongful dismissal, unfair dismissal, sex discrimination, unlawful deductions and race discrimination. This included advocacy work before disciplinary and grievance panels.

Current Practice

Andrew has significant experience in all areas of Employment Law. His practice includes advocacy before the General Teaching Council with regard to members charged with Professional Misconduct.

He is experienced in all areas of employment law, including:

  • Unfair dismissal
  • Redundancy
  • Breach of Contract
  • Working Time Regulations
  • Discrimination Law

Andrew represents both Claimants and Respondents in equal measure and is instructed from a variety of sources, including individuals, small undertakings, unions.

Andrew has significant experience in all areas of personal injury litigation for Claimants and Insurer Defendants on both the fast track and multitrack.

His practice covers a broad range of personal injury work from routine highways claims through to complex RTA, employer’s liability, disease and medical negligence claims.

He has specialist knowledge and expertise in serious injuries such as brain damage, mesothelioma and perinatal death.

Recent cases include claims addressing:

Negligent breast augmentation;

Negligent cardioversion;

Negligent delivery of a full term neonate;

Multiparty fraud in RTAs

Section 151 RTA Notices

The Fatal Accident Act and the treatment of surviving spouse’s earnings

Industrial Deafness, hearing thresholds and improved audiograms

Complex Regional Pain Syndrome.

Regulatory

Andrew regularly advises and appears in matters for both Claimants and Respondents before the Magistrates’ Court, First Tier and Upper Tribunals concerning matters subject to the Custom & Excise Management Act 1979 e.g. duty in relation to the importation  and/or use of tobacco, alcohol, red diesel with related seizure and condemnation proceedings.

Andrew has dealth with cases involving Sudden Infant Death Syndrome, Munchausen’s Syndrome By Proxy, Gastro-Oesophegeal Reflux and Laryngeal-Chemo-Reflex.

Andrew advices and appears in matters before Coroners concerning deaths in custody, at work and health care settings for both families, insurers and other interested parties.

Matters have included investigations of suicide, manslaughter, death by overdose of illicit substances, negligent medical treatment.

http://www.gazettelive.co.uk/news/teesside-news/guisborough-couples-anguish-inquest-babys-11081254

Andrew has acted for families in inquests concerning allegations of non-accidental injury.

http://www.accringtonobserver.co.uk/news/local-news/innocent-now-tragic-mum-can-1266563 http://news.bbc.co.uk/1/hi/england/lancashire/3687330.stm

http://www.expressandstar.com/news/2017/01/19/luke-walker-coroner-refuses-to-question-conviction-over-death-of-girlfriend-chelsea-hyndman/

Inquests:

Outstanding court advocacy skills and sensitive handling of witnesses both in and out of court, means that our team are in demand. Many have been involved in high profile cases and we are adept at handling media interest in cases.

We offer a continuity of representations from inquests through to any civil actions for damages arising post-inquest. This helps foster strong barrister-client relationships to ensure the best possible outcome.

We have expertise in inquests and public inquiries into deaths involving:

  • Police, prison and immigration custody
  • healthcare (hospital) and GP treatment
  • psychiatric issues including those lacking capacity and or suffering from a mental disorder – occuring both in and outside psychiatric facilities
  • road traffic accidents
  • accidents at work, including industrial disease deaths
  • military personnel
  • high profile public interest cases
  • jury-led inquests
  • human rights issues
  • local authorities and social services
  • schools and other educational establishments

Andrew is a senior junior with a broad knowledge of Education law. He has appeared regularly in the First Tier Tribunal (Special Educational Needs and Disability) and predominantly acts on behalf of local authorities.

His cases have included matters dealing with:

  • Special Educational Needs
  • EHCP appeals
  • Admissions/Exclusions
  • Disability discrimination

Attorney General's Junior Counsel to the Crown (Regional Panel)

HOUSE OF LORDS R (On application of SACKER) v HM Coroner for the County of West Yorkshire (2004) [2004] UKHL 11 In the context of an inquest into a prisoner's death, the word "how", as given in the Coroners Act 1988 s.11(5)(b)(ii) and Coroners Rules 1984 r.36(1)(b), was not simply to be interpreted as meaning "by what means" but rather "by what means and in what circumstances."

H (A Child) (2005) [2005] ECWA Civ 1059 Case involving the re-evalution of evidence concerning whether the child's father was within a pool of possible peretrators of abuse of his daughter and the subsequent disclosure of a collusive relationship between a child protection teacher and the child's mother.

Re U (A Child) (2005), sub nom Uddin (Layla)(A Child) [2005] EWCA Civ 52 Successfully applied to re-open an appeal on the grounds of fresh evidence and demonstrated a powerful probability that an erroneous result was arrived at in the earlier proceedings.

R v Davies (2004) [2004] EWHC2422 (QB) Trial Counsel had not acted contrary to reason and good sense in failing to object to the admissibility of certain visual and voice recognition evidence. The trial judge's summing up in respect of the visual recognition evidence could not be faulted.

False Move: Metal-on-metal Hip Replacements - Claims Magazine, June 2012 Andrew Scott gives a specialist view on Jenni Marsh's feature article

LLB (Hons), 1st Class, Teesside Univeristy where he was also awarded the Sweet & Maxwell, HSBC and Jacksons prizes at University; Gray's Inn - awarded a Master Bedingfield Scholarship (2001), The Roy Wilson Award (2003) and The Stuart Cunningham Macaskie Award (2003).