Profile submitted by Marion Caldwell QC
Clinical and professional negligence; personal injury; disciplinary tribunals; media law, privacy and defamation; public and fatal accident inquiries. Marion is engaged by leading solicitors across Scotland. She has a particular interest in claims for catastrophic injuries, brain injury, clinical negligence and for occupational stress, bullying and harassment. She acts for both pursuers and defenders. Her considerable advocacy experience extends to the Court of Session, Sheriff Court and professional and disciplinary tribunals. She has appeared in public inquiries and fatal accident inquiries. Marion's substantial workload largely comprises high value, complex cases. She recently settled one of the few cases in Scotland resolved by Periodic Payment Order. Marion speaks regularly on the law and practice relating to personal injury, damages and clinical negligence. She sits as a tribunal legal chair in war pensions appeals, NHS contract disputes and as a Deputy Judge in the Upper Tribunal. She is a CEDR accredited mediator.
Member, Inner Temple (1991–present); Advocates Personal Injury Law Group; Advocates Professional Negligence Law Group; Professional Negligence Bar Association; Faculty of Advocates Mediation Group; Faculty of Advocates Criminal Bar Association.
1983-5 trainee solicitor then solicitor with Alex Morison & Co [now Morisons]; 1986- admitted Faculty of Advocates; 1991- called to Bar, Inner Temple; 2000- appointed Silk; Standing Junior to the Accountant of Court and the Accountant in Bankruptcy (1991–2000); Legal Member, Police Appeals Tribunal (2013–present); President, Pensions Appeal Tribunal Scotland (2013–present); Chairman, Pensions Appeal Tribunal Scotland (2001–present); Ad hoc Advocate Depute (2011- 2016); Special Counsel under Criminal Justice and Licensing (S) Act 2010 (2011–present); Legal Chair of panel to determine General Medical Services Contracts disputes (2010–present); Legal Chair of panel on appeals against removal of GPs from Performers List in Scotland (2010–present); Committee Member, Faculty of Advocates Free Legal Services Unit (2010–2017); Member of the Council of the Faculty of Advocates (2008–2012); Deputy Judge Upper Tribunal (AAC) 2014 – present; Member, Faculty of Advocates Disciplinary Tribunal (2008-present); previously Member of the Faculty of Advocates Disciplinary Investigating Committee for three years; Convener, Faculty of Advocates Training and Admissions Committee (2005–2008).