David Parratt QC

Year of Call
1999
Year of Silk
2017
Devil Masters
Maria Maguire QC
Johanna Johnston QC
Derek Ogg QC
@DRParratt on Twitter

Contact

davidparratt@amadvocates.co.uk 07739 639 232

Practice Profile

David is a busy advocate, barrister and arbitrator. David has extensive court experience and regularly negotiates settlements in multi-million pound claims. He is often involved in complex international commercial disputes.

David’s practice covers his key experience and interests in arbitration, construction & engineering claims, energy disputes (including oil/gas upstream claims), general commercial litigation and commercial contracts.

He is dual qualified and is a practising barrister member of 3PB Chambers, Temple, London. He was called in England & Wales in 2009 (Lincoln’s Inn). He is also a non-practising member of the Northern Irish Bar, calling in 2016. David is believed to be only the second Scottish advocate to hold the triple membership, and to be one of only a very few English, Welsh or Northern Irish barristers to ever have achieved the same.

David holds the degrees of LLB(Hons) (University of Aberdeen) and PhD (University of Edinburgh). He also has Diplomas in Legal Practice (University of Aberdeen) and International Commercial Arbitration. (Chartered Institute of Arbitrators)

He is recognised as one of the leading Silks in Scotland in arbitration, in both international and domestic arbitrations (Scottish and English seats). He has acted as counsel in a range of international cases under various institutional rules.

David is a Fellow of the Chartered Institute of Arbitrators (FCIArb), holds Chartered Arbitrator Status and is on the panels of many worldwide arbitration institutions. He has held Higher Rights of Audience before the Dubai International Finance Centre (DIFC) and has appeared before the Eastern Caribbean Supreme Court. He is Honorary Professor of International Arbitration in the School of Law, University of Aberdeen. He is also an Accredited Mediator (CEDR) and has acted as counsel to mediations as well as having accepted appointments as mediator.

He was appointed as an ad hoc (part time) Advocate Depute (Crown Counsel) in 2012 which was renewed in 2017. In 2011, David was also appointed as Security Cleared Special Counsel.

Education & Professional Career to Date

Honorary Professor of International Arbitration, School of Law, University of Aberdeen. (January 2017-to date)

Co-Director of the Aberdeen University International Arbitration Summer School (2017 – to date)

Visiting Lecturer, International Commercial Arbitration, and Oil and Gas Dispute Resolution, University of Aberdeen (2016-17)

Honorary Senior Lecturer, International Construction Law and Arbitration, British University in Dubai (BUiD) (2010 - 15)

Honorary Research Fellow, International Dispute Resolution, School of Law, University of Dundee (2008-2015)

Honorary Lecturer, International Arbitration, Centre for Petroleum, Minerals, Law and Policy, (CEPMLP) University of Dundee (2007-2010)

DipICArb (Chartered Institute of Arbitrators) (2008)

PhD (University of Edinburgh) (2004)

DipLP (University of Aberdeen) (1993)

LLB (Hons) University of Aberdeen (1992)

Appointments

  • Appointed Consultant to the Lord Gill's Review of the Civil Courts
  • Appointed an adviser to and researcher for the Scottish Parliament's Civil Justice Committees as appointed by The Scottish Parliament's in-house research specialists SPICe (Scottish Parliament Information Centre)
  • Director of Training and Education, Faculty of Advocates (2012–2017)
  • PROFESSIONAL BODIES
  • Freeman of The Worshipful Company of Arbitrators
  • Fellow of the Royal Historical Society (FRHistS)
  • Fellow of the Society of Antiquaries of Scotland (FSAScot)
  • Fellow of the Society of Legal Scholars (SLS)
  • Member of the School of Advanced Legal Studies (FSALS)
  • Member of the British Institute of International and Comparative Law (BIICL)
  • The Honourable Society of Lincoln’s Inn
  • The Faculty of Advocates
  • The Bar of Northern Ireland
  • The Chartered Institute of Arbitrators
  • TECBAR
  • COMBAR
  • The Arbitration Club (Oil & Gas Chapter)
  • ARBITRAL INSTITUTIONAL PANELS
  • Member of the ICC
  • Member of the LCIA
  • Panel Member of the CIArb (Scottish Branch) Panel of Arbitrators
  • Member of the Hong Kong Arbitration Panel (HKIAC)
  • Member of the Asian International Arbitration Panel (AIAC)
  • Member of the Cairo Arbitration Panel (CRCICA)
  • Member of the WIPO Panel (Geneva)
  • Member of the Dubai International Arbitration Centre List (DIAC)
  • Member of the CIArb London President’s Panel
  • Member of the Juris Roster of International Arbitrators

Selected Cases

  • REPRESENTATIVE COURT CASES
  • The Parachute Regiment Charity v Hay Sheriff Court [2019] SC ABE 18: [2019] 2 WLUK 467 2019 G.W.D. 11-161 (Aberdeen Sheriff Court)

    Action of Accounting brought by beneficiaries under a Will against an Executrix and whether the legacy in favour of another principal and specific beneficiary had expired by operation of the legal concept of “ademption”.

  • Scottish Water v. West Lothian Council 2018 (Livingston Sheriff Court)

    Resisting Statutory Enforcement Notice served on the Scottish statutory water authority by the Local Authority in connection with statutory drainage obligations.

  • MacLean v Greater Glasgow Health Board [2017] (Inner House, Court of Session)

    Appeal. Powers of the Auditor of the Court of Session (Taxing Master) in taxing expenses (costs).

  • MacMillan v The Receivers of T Leith Developments Ltd (in receivership and in liquidation) [2017] CSIH 23; 2017 G.W.D. 10-141

    5 Judge Appeal Court, Application of Floating Charges and Securities in Property matters.

  • Glasgow City Council v Unison Claimants [2017] CSIH 34; 2017 S.C. 611; 2017 S.L.T. 729; [2017] 5 WLUK 659; [2017] I.R.L.R. 739; 2017 G.W.D. 19-300

    Appeal re. ‘pay protection’, ‘employee’ and 'gender discrimination’ in the use of bonuses.

  • JS and CS v Children's Reporter Court of Session [2016] CSIH 74; 2016 S.L.T. 1235; 2016 Fam. L.R. 166; 2016 G.W.D. 31-547

    Appeal. Children's Hearings Rules and whether there was an automatic entitlement to cross-examine young children in open court.

  • Auchnie v. Auchnie [2014] CSIH 102; 2015 SC 320

    Appeal. Consideration by appellate court of rights of appeal directly to the Inner House from a decision of the lower court which was not a final judgement.

  • Pattullo v. Furby & Graham 2016 (Outer House)

    Action at the instance of a Trustee in Bankruptcy seeking Reduction of a Conveyancing Deed as a Gratuitous Alienation.

  • Auchnie v Auchnie [2016] CSOH 70; 2016 S.L.T. 740

    A beneficiary under the will sought reduction of a decree (judgement) of the sheriff principal.

  • International Pairs Limited v. (1) The Government of Monserrat and (2) Hon. Dr Lobell Lewis, Past President of Monserrat. Eastern Caribbean Supreme Court, sitting in Monserrat.

    Action for payment by English Company against the Government of Montserrat.

  • Ahmed v. Asghar (Commercial Court) 2015

    Dispute in connection with investors' monies in a Dubai Property Scheme with value in excess of £lm.

  • Kathellan Limited v. Baxters Food Group (Commercial Court) 2012

    Declarator (Declaration) Action in respect of Keep Open Clause in a Commercial Lease.

  • .
  • REPRESENTATIVE CASES - ARBITRATION
  • .
  • Contractor v Sub-contractors (Seat, Abu Dhabi, ADCCAAC) (2019)

    Arbitration in respect of development works in a large Infrastructure project. (Co-arbitrator).

  • X v Y (Scottish Seat, Ad hoc)

    Dispute in relation to the sums liable under a Full Repairing and Insuring Commercial Lease between two commercial entities based in Scotland. (2019) Arbitrator.

  • International Credit Card Company v. Debtor (English Seat, Ad hoc)

    Documents only arbitration in respect of debt. (2019) Arbitrator.

  • Litigation Funder v. Professional Body (Scottish Seat, Ad hoc)

    Dispute in relation to sums claimed under the Late Payments of Commercial Debt Regulations. (2019) Counsel.

  • A Scottish Company v US Oil Major (London Seat, LCIA) (2017-2018)

    £6m claim against an oil major in respect of outstanding invoices for hire of oil and gas equipment and claims in respect of infringement of IP Rights. (Counsel).

  • Contractors v Scottish Government in respect of M73 Motorway Spur Construction Dispute Adjudication (2018)
  • Queensferry Bridge Crossing Adjudication (2018)

    Counsel to Adjudicator

  • B Borough Council and HG Limited (London Seat) (2017)

    Arbitration under ICE Rules in respect of failure of design of coastal defences. Counsel to Arbitral Panel.

  • Challenge to a Decision on Jurisdiction on a point of law on the effect of section 10 of the Arbitration (Scotland) Act 2010. (2016) Dunfermline Sheriff Court

    Whether party had waived its contractual right to arbitration by participating in court proceedings. Counsel.

  • Japanese Contractor v Turkish Sub-contractor (Seat, Geneva, ICC) 2013-2015

    Arbitration in connection with a very large railway infrastructure project in Istanbul. Counsel.

  • Arbitration Application No. 2 of 2013

    Challenge to Decision of an Arbitrator under rules 68 (serious irregularity) and 69 (legal error appeal). Court of Session, Commercial Court. Counsel.

  • Iranian JV Partner v US JV Partner (Seat, Dubai, DIFC) 2011-2013

    Dispute between two JV partners following hostile takeover of shareholding in Iranian Company. Counsel.

  • Windfarm Operator against Windfarm Off-Shore Installation Company. (Seat, London, Ad hoc) (2010)

    Claim by Windfarm operator in respect of professional negligence and defective cementing of turbine pylons in respect of an offshore windfarm. Counsel

Areas of Practice

Publications & Seminars

David has published over 20 articles in various publications including Scots Law Times, Journal of Psychiatry, Hume Papers on Public Policy, and Journal of Legal History in the fields of Scottish legal history, procedure, travel protection legislation and arbitration.

The Recognition and Enforcement of International Arbitral Awards - Is there a “Pro-Enforcement Bias” in the English Courts? Journal of Enforcement of International Arbitration Awards, (2) 2019 (with A. Grahame QC)

The Judicial System, Reporting and Giving Evidence in Court in: Donnelly, L.J., Pirrie, D., Ruffell, A., Dawson, L., Harrison, M. (Eds), A Guide to Forensic Geology, London, (Geological Society of London and the International Union of Geological Science, 2019) (with Prof Dame Lorna Dawson CBE and Prof Derek Auchie, University of Aberdeen)

“Scotland”, World Arbitration Reporter, 2nd Ed., (Juris Publishing, 2018) (with A. Grahame, QC.)

Law as a Profession: The Faculty of Advocates in: (ed.) Mark A. Mulhearn, Scottish Life and Society: A Compendium of Scottish Ethnology, Vol. 13: The Law (Birlinn, 2012) (with K. Campbell QC) (2012)

The Scottish Arbitration Handbook (Avizandum Publishing) (with Peter Foreman) (2011)

The Minute Book of the Faculty of Advocates, Volume IV, 1783-1798, Stair Society (with A. Stewart Q.C. – Lord Stewart) (2008)

The Development and Use of Written Pleadings in Scots Civil Procedure (Stair Society, 2007)

Additional Information

LANGUAGES:
Italian (conversational)
Arabic (beginner)