HERIOT CURRIE QC
QC (Scotland) Wadham College Oxford, Edinburgh University LLB
CALL DATE: 1979 SILK: 1992
Heriot Currie was admitted to the Faculty of Advocates in Scotland in 1979 and took silk in 1992. He was called to the English bar in 1991.
He has been a member of Monckton Chambers since 2005.
He is one of the leading silks in commercial practice in Scotland, and he a wide-ranging practice, which includes public law, VAT, competition law and public procurement. He is regularly instructed in Scotland in IP law. He has acted for and against the Scottish Information Commissioner.
He has appeared at all levels of the court and tribunal systems in Scotland and in the High Court and VAT Tribunal in England. He has appeared in the House of Lords and the Supreme Court.
He has been regularly instructed by clients foreign to the UK. Example include Heerema Group (Netherlands), Verathon Medical (USA & Canada), Bilfinger Berger, (Germany), Hochtief, (Germany), Davidoff (Germany), Boehringer Ingelheim, (Germany).
He is experienced in co-ordinating domestic litigation with litigation in other jurisdictions.
He is trained mediator.
Heriot is also a practicing member of the Scottish Bar as a member of Axiom Advocates.
Recent cases in Monckton Chambers' core areas of practice include:
Elekta v Common Services Agency  CSOH 107 (Regulation 47H Application)
Levenseat v South Lanarkshire Council 2012 (Regulation 47H Application)
Heriot has acted for Scottish Power in disputes with British Energy and SSE
2001 - 2002: Scottish Power plc v British Energy - Senior Counsel for Scottish Power in complex major dispute concerning the contractual position regarding Nuclear Energy Agreement with British Energy following changes to market for electricity.
2003: Scottish Power v Scottish and Southern Energy - prospective litigation on equality of treatment by the Government of power generators (competition law).
2012 Advice to open cast coal producer in relation to the validity of the Climate Change Regulations 2012.
Sandisk v Sisvel  EWHC (CH) 332 (whether abuse of a dominant position to enforce rights as patentee)
Lothian Buses v Edinburgh Airport Limited 2011 (Interlocutory proceedings to prevent abuse of dominant position by airport in allocation of bus stances)
Freedom of Information
Glasgow City Council v Scottish Information Commissioner  CSIH
Much of Heriot's recent work in public law has been in the fields of planning and environmental law. His recent advisory work includes advice relating to a proposal for ship to ship transfers of oil in the River Forth, which engaged the Habitats Directive, and advice on the validity of the recently enacted Climate Change Regulations 2012. He has appeared in the House of Lords in planning related public law cases. In 2012, he was instructed in a major public inquiry under the Harbours Act 1964 into an application for an international container terminal in the River Forth, which engaged European and UK environmental legislation.
Professional disciplinary proceedings and professional negligence
Heriot has both prosecuted and defended Chartered Accountants in disciplinary proceedings brought by the professional institute. He has defended solicitors and members of the bar in disciplinary proceedings.
He has recently been instructed in judicial review proceedings arising out of disciplinary measures against a river pilot under the Pilotage Act 1987
He has extensive experience of professional negligence claims against a wide range of professionals.
VIP Scotland v HMRC 2009 (carousel fraud)
RBS Deutschland v HMRC  CSIH 10 (case on abuse of rights - subsequently appealed to ECJ)
Contact Heriot Currie QC