Profile submitted by Iain G Mitchell QC
Iain is an experienced litigator, dual qualified in Scotland and England, with strengths in business, banking and commercial law, European law, information technology and intellectual property, privacy/data protection, public procurement, judicial review and employment law. He has appeared in over 60 reported cases, including two in the House of Lords: Moncrieff v Jamieson 2007 1 WLR 2620 (the leading modern case on servitudes and easements) which definitively established the easement of parking in the laws of both Scotland and England; and Clarke v Fennoscandia Ltd 2008 SC (HL) 122, which concerned the enforcement of a foreign decree allegedly obtained fraudulently in the US Third Circuit. He acted in Grant Estates Ltd v RBS, the first Scottish case to deal with Interest Rate Swap misselling to SMEs and one of the first in the UK. He is currently advising and acting in a large number of similar cases in both Scotland and England. His IP/IT law practice is highly regarded and ranges across the whole breadth of that field. He also has a very busy general practice.
lain was called to the Scottish Bar in 1976, and took silk in 1992. He was accredited as a mediator by the Mediation Bureau (Scotland) in 1997 and by Mediation Forum Ireland in 2007. He is a member of the Scottish Council for International Arbitration and sat on the bench as a Temporary Sheriff from 1992 to 1997. He was called to the English Bar in 2012 and is a member of Tanfield Chambers in London. He is the Chair of the Surveillance Working Party of the CCBE and is UK representative on the IT Committee of the CCBE and a member of the IT panel of the Bar Council of England & Wales, where he has also served on working parties on the Investigatory Powers Bill and Data Protection. He is also Chairman of the Scottish Society for Computers and Law and a Liveryman of the Worshipful Company of Information Technologists.
His appointments include an honorary lectureship at the Institut fur Informations-Telekommunikations- und Medienrecht at the Westfalische Wihelms Universität, Münster. He is joint editor of the International Free and Open Software Law Review, and his other publications include contributions to 'Electronic Evidence' (Butterworths), 'The International Free and Open Source Lawbook' (Open Source Press), and 'Free and Open Source Software: Policy, Law and Practice' (Oxford University Press), as well as frequent articles in academic journals and national newspapers.