Wikipedia:Thompsons Solicitors Scotland

Thompsons Solicitors Scotland is a law firm with five regional offices employing more than 200 people, including 13 Partners and 6 Solicitor Advocates.

The firm provides a range of legal services to individuals, working predominantly in the field of Personal Injury claims and Employment Law, with associated departments providing expertise in Criminal Compensation cases, Will Writing, Executry & Estate Administration, Lasting Powers of Attorney, and associated Private Client work.

Offices
Thompsons Solicitors Scotland LLP has five regional offices: Edinburgh, Glasgow, Peebles, Galashiels and Dundee. The firm also provides meeting places in more than 17 locations from Elgin to Dumfries.

Notable cases

 * Litster & others v Forth Dry Dock & Engineering Company Ltd. [1988] UKHL 10: which involved the sacking of 12 employees on the day their insolvent employer was transferred to receivers. The House of Lords ruled that the employees were unfairly dismissed, stating that stating that during the transfer of a business the court of the United Kingdom was obliged to comply with the purposes of Council Directive 77/187 and follow the practice of the European Court of Justice. Thompsons acted on behalf of the employees.
 * James McNulty v Marshall Food Group 1999 SC 195: in which a Scottish Court was persuaded for the first time to adopt a more favourable approach, pioneered in England, to the calculation of an injured party's future loss of earnings.
 * Kerry Donnelly v F A S Products Limited: in which Lord Brodie gave authority for the proposition that an amputee may obtain a prosthesis privately and recover the cost from the culpable party even where alternative treatment is available on the NHS.
 * Patrick Davidson v Lothian & Borders Fire Brigade: which established that, despite the need to ensure that fire-fighters are properly and fully trained, fire-fighters still have the same rights under health and safety legislation as any other employee.
 * Clement v Scottish Ambulance Service and Skinner v Scottish Ambulance Service: which established that use of traditional needles by branches of the NHS could be considered a breach of the country's health and safety legislation.
 * McFarlane v Scottish Borders Council: which involved a road worker who was building a passing place but suffered injury when his vehicle rolled down a steep embankment. The case tested the parameters of the Construction (Health, Safety and Welfare) Regulations 1996 and the Provision and Use of Work Equipment Regulations 1998.
 * McGowan v W & JR Watson: which involved a band saw operating accident in which the claimant injured his hand. The defender's position was that the guard was functioning as it should have been, but Patrick McGuire argued that the regulations state dangerous parts must be guarded and there was strict liability in this regard.
 * John Hastings v Finsbury Orthopaedics Limited and Stryker UK Limited:> First Instance/outer house 2019 & Reclaimed/outer house 2021 : in the first significant case in Scotland to consider the law around product liability and consumer protection, this case specifically involved a claim for compensation relating to injuries to the pursuer caused by a faulty metal on metal (MOM) hip product. This test case has exhausted the processes available in Scotland alone and the pursuer is now embarking on an appeal to the Supreme Court, set to be heard in spring 2022.
 * Robert McArthur & Others v Timberbush Tours Limited & Another [2021] CSOH 75 : In which the family of a man killed by a third party driver while he was working on a cherry picker received substantial damages following his death. The level of damages, including to the deceased's step father, were notable at £315,000.
 * AXA General Insurance & Others for Judicial Review (2011): Following the House of Lords decision in 2007 to stop the payment of compensation to people with asbestos-related pleural plaques, Thompsons lobbied hard to persuade the Scottish Parliament to introduce legislation in Scotland to reverse the decision. This happened, but the Insurance Industry is now challenging the Damages (Scotland) (Asbestos-Related Conditions) Act 2009 at the Supreme Court. Thompsons were the only Scottish Law Firm to insist that their clients should have a voice in defending that challenge and represented them at the Supreme Court hearing. This had huge consequences for the thousands of pleural plaques sufferers and the legal powers of the Scottish Parliament. The Supreme Court rejected the insurers' appeal and held that the individuals diagnosed with pleural plaques did have standing to defend the challenge to the Act as they were "directly affected" by the legislation.

Affecting Scottish Law
The Damages (Scotland) Act 1993 – Thompsons Scotland joint managing partner Frank Maguire was instrumental in campaigns which resulted in the modernisation of the law relating to the criteria a Court should take into account and the basis upon which the Court should make an award of compensation to the relative of someone who dies through an accident, injury or disease.

Social Security (Recovery of Benefits) Act 1997 – The state requires that any benefits paid to the victim of an accident must be repaid if the victim later receives compensation. Before the 1997 Act, the rules on repayment of these benefits could severely prejudice victims who had been placed on long-term benefits as a result of suffering an accident. Once benefits were repaid, many claimants would receive next to nothing in compensation despite having won a high settlement. Thompsons Scotland campaigned to change the system and the 1997 Act has resulted in a much fairer system where the liable party takes full responsibility for their actions, and the victim receives fair compensation without penalty for receiving the state benefits to which they are entitled.

Rights of Relatives to Damages (Mesothelioma) (Scotland) Act 2007 – Before this Act victims of asbestos exposure were faced with the heart-wrenching choice of seeking damages themselves while alive or not pursuing a claim so that their family could get the full compensation once they had passed away. Thompsons Scotland was central to ensuring the Scottish Executive changed the law so that sufferers of this terrible cancer can get the financial help they need to ease their suffering while alive and their families can still get the support they need after their death.

Penrose Public Inquiry into the transmission of Hepatitis C and HIV through infected NHS blood and blood products – Thompsons Scotland represented the Haemophilia Society and the victims infected with Hepatitis C in their campaign for a Public Inquiry. The campaign was a multi-faceted one using the courts and Scottish Parliament. The successful test case of Black and Kennedy v the Lord Advocate and Scottish Ministers (2008) and Thompsons' appearance before the Health Committee of the Scottish Parliament were key factors in the Public Inquiry being announced.

The Damages (Scotland) (Asbestos-related conditions) Act 2009 – Frank Maguire was a prominent campaigner for the rights of Pleural Plaque and asymptomatic asbestosis victims. The Act provided that certain asbestos-related conditions are actionable personal injuries.

Damages (Scotland) Act 2011 – Which brought a fairer way to calculate damages after the death of a partner. The Act produced a modern framework, setting out who can claim and what they can claim for. Frank Maguire worked alongside Bill Butler who introduced the bill and praised the changes it would make for claimants.

Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 – This Act allows for the introduction of a Redress Scheme to be introduced by the Scottish Government, administered by Redress Scotland, to compensate survivors of historical abuse. Thompsons worked with survivor clients and charities to campaign for fair changes to this legislation to ensure that the legal rights of survivors were considered in relation to the signing of a waiver and other significant aspects. Thompsons will assist survivors in the applications to this scheme which is scheduled to open in December 2021.

VW Emissions claims and group actions – Thompsons Scotland lobbied the Scottish Civil Justice Council for the introduction of Rules relating to group actions following the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018. The new Rules under the Act came into force in August 2021. This introduced the statutory framework for formal group actions to be heard in Scotland. Thompsons became the first law firm in Scottish legal history to bring a 'class-style' group action claim to court; Patrick McGuire is lead solicitor in the VW NOx Emissions claim in which Thompsons is representing more than 2,000 claimants.

Justice for miners in Scotland
Thompsons has worked extensively to assist miners in seeking justice in a number of notable campaigns and test cases. The Edinburgh office handled a substantial mining-related caseload and the operation was headed up by Glen Millar.

Following the miners' strikes, in 1984 and 1985 Thompsons became the lifeline in legal support for miners who were accused of criminal offences during the course of strike action. As a result of convictions, many miners were sacked by the National Coal Board and Thompsons represented many of them in their subsequent employment tribunals for unfair dismissal. Thompsons then became the main lawyer for the National Union of Miners, which led Thompsons to act for miners in a large number of industrial accident and disease claims.

Glen Millar was the sole Scottish representative on the Steering Committee for COPD and VWF (chronic obstructive pulmonary disease and vibration white finger) compensation schemes for miners, which together have been the largest compensation schemes ever seen globally. Thompsons has been instrumental in bringing about compensation schemes for a number of other mining-related industrial diseases including industrial deafness, chronic bronchitis and emphysema.

Working for the rights of individuals exposed to asbestos
As a country with a long and far-reaching history of heavy industry, including shipbuilding and motor transport, Thompsons Scotland works extensively with individuals who have been exposed to asbestos, both at work and from secondary sources. As well as fighting for justice in terms of compensation for those affected by all asbestos conditions, from pleural plaques to mesothelioma, Thompsons is involved in campaigning for the legal rights of those affected by asbestos disease and their families.

Thompsons Solicitors in Scotland works closely with the charity Action on Asbestos (Formerly Clydeside Action on Asbestos) and is proud to support their work. Thompsons and AoA have been committed campaigners in several notable legal debates and changes to legislation; including the Damages (Asbestos-related Conditions) (Scotland) Bill which restored the rights of Scottish pleural plaque victims to compensation.

Action on Asbestos are also currently campaigning for the removal of asbestos from Scotland's schools and are backing the Liability for NHS Charges (Treatment of Industrial Disease) (Scotland) Bill which could see the NHS being able to claim back the costs associated with diagnosing and treating people with asbestos-related diseases from insurers once a party has been found liable in a civil claim.

Public inquiries
Thompsons Scotland has been involved in a number of Public Inquiries in Scotland and Patrick McGuire is a leading expert in this field. He has been appointed Recognised Legal Representative in the following Public Inquiries:


 * Stockline /ICL Joint Public Inquiry (commenced 2004)
 * Penrose Inquiry (infected blood products causing Hepatitis C and HIV) (commenced 2009)
 * Vale of Leven Hospital Public Inquiry (C-difficile) (commenced 2009)
 * Infected Blood Inquiry (commenced 2018)
 * The Scottish Hospitals Inquiry (ongoing – Queen Elizabeth University Hospital, Glasgow and Royal Hospital for Children and Young People, Edinburgh) (commenced 2020)

Frank Maguire:
Former Joint Managing Partner, Frank Maguire died in September 2011 having made it his mission to give a voice to those whom the justice system overlooked. He has been praised as a "true champion for the underdog" by former Scottish Labour leader Iain Gray.

Syd Smith:
Former Senior Partner (now retired), Syd relished acting for individual clients and working with Trade Union clients. He worked on many major Scottish claims including those resulting from the Piper Alpha disaster, the Lockerbie crash, the Dunblane Shootings, the 1984 miners' strike (criminal cases and unfair dismissal claims), the ICL/Stockline explosion, and  more.

Patrick McGuire:
Patrick is a Thompsons partner who commenced his legal career testing the boundaries of the Six Pack Health and Safety Regulations. Several notable cases followed as well as a career in campaigning, advising Trade Unions and MSPs, and guiding and advising parliament on changes to the law.

Laura Connor:
Laura Heads up the dedicated Survivor Team representing victims of historic child abuse and vulnerable service users who have been abused in care settings. She is currently leading the team representing more than 130 women who were abused both physically and psychologically at Fornethy House, Kilry from 1961 to the 1980s.

Andrew Henderson:
Andrew Represented families of the victims of the Clutha Vaults pub helicopter crash in their civil claims for compensation. He also represented families of the victims of the Flying Phantom tugboat tragedy.

Glen Millar:
Glen is Managing Partner of Thompsons Scotland's mining compensation department in Edinburgh and one of the senior solicitors in Thompsons Scotland Serious and Fatal Injuries department. Glen's important and notable cases include James McNulty v Marshall Food Group 1999 SC 195 and Kerry Donnelly v F A S Products Limited. Glen also represented the family of Sundar Vadivel Uthaman in their claim against Whitbread plc following a fatal injury accident.

Laura Blane:
Laura was the key advisor to Bill Butler MSP in the progression of his members’ Bill on damages through the Scottish Parliament. Her efforts were publicly recognised at stage three of the Bill which went on to become the Damages (Scotland) Act 2011. The Act will greatly improve the levels of compensation available to victims in fatal cases as well as clarifying the legal process. Laura was voted Specialist Lawyer of the Year in 2012 and she is ranked in Chambers and is noted for her expertise in asbestos-related disease claims.

David Martyn:
As head of Thompsons Scotland Employment Rights Unit, David has led some of the most significant employment law campaigns in Scotland over the last 10 years, raising in excess of 5,000 claims for underpaid holiday pay and negotiating variations to terms and conditions worth hundreds of millions of pounds for clients in the private and public sectors. In 2019, David acted for the members of two trade unions in the landmark Equal Pay claims against Glasgow City Council, resulting in the largest ever settlement of an Equal Pay claim in Scotland (in excess of £500 Million). David is ranked in Chambers and is noted for his work with trade unions in significant employment issues including TUPE transfers and disputes over working time.

Wendy Durie:
Wendy joined Thompsons in 1993 and, as a senior partner, has considerable experience dealing with complex, serious injury claims. Wendy has a particular interest in training future legal professionals and supervising trainees as they start their legal career. She is particularly gratified that a significant number of trainees choose to continue their careers with Thompsons for many years.

Corporate social responsibility
Thompsons Solicitors Scotland works with and supports a number of prominent Scottish Charities including:


 * Action on Asbestos: Industrial Injury & Disease (formerly Clydeside Action on Asbestos)
 * Wellbeing Scotland
 * Headway in Scotland
 * Show Racism the Red Card
 * Scottish Hazards