Westwater Advocates

David A Stephenson QC

David practises in the specialist areas listed, with particular interests in insurance and medical law.

David’s notable recent cases include:

• McEwan v Ayrshire and Arran Health Board, [2009] CSOH 22
• Fatal Accident Inquiry into the death of Paul Townsend, 02 September 2009
• Mrs KT or K v Lothian Health Board [2009] CSOH 132, Reparation Bulletin 2009 91 Dec 6
• Fatal Accident Inquiry into the death of Margaret Gill, 30 September 2009
• McLean v Argyle & Clyde Health Board, [2010] CSOH 54
• D’s Curator Bonis v Lothian Health Board 2010 SLT (OH) 725, commented on in Reparation, Issue 94, June 2010 at pp 5-6
• Turnbull v MNT Transport (2006) Ltd, AXA Insurance UK Plc and Chaucer Syndicates Ltd 2011 SLT 650, cited in MacGillivray On Insurance Law, 11th ed., Second Supplement 23-021 and 23-022
• Fatal Accident Inquiry into the death of Danielle Welsh 2011 FAI 7
• D’s Parent and Guardian v Argyll & Clyde Acute Hospitals NHS Trs, 2011 SLT 1137, the first Scottish case to address the question of periodic payments, commented on by Senior Judge Denzil Lush in Smyth v JDS, Court of Protection No.10334473, 12 January 2012 and referred to by the Privy Council in Simon v Helmot [2012] UKPC 5, 07 March 2012
• Kirkham v Link Housing Group Ltd, [2012] CSIH 58, 04 July 2012
• Petition of S to the nobile officium. David acted for Lothian Health Board and resisted the release of medical records of a child made the subject of proceedings under the Children Scotland Act 1995. The Petition was dismissed as incompetent on 22 January 2013.
• Donald v Ayrshire & Arran Health Board and Ballochmyle Medical Practice [2013] CSOH 23, 7 February 2013. David acted for the first defenders, against whom the action was abandoned on the ninth day of the Proof.

David is noted by Legal 500 as “thorough, utterly reliable and responsive” and “recommended for his medical negligence expertise”; and by Chambers & Partners as “highly regarded by commentators for his expertise in claims concerning cerebral palsy”.