Tom Marshall is a solicitor advocate with over 20 years’ experience of representing clients in the Court of Session. He has a particular expertise in acting in cases of asbestos related disease, but he also handles cases of professional negligence and other civil and commercial disputes.
Over 20 years’ experience
Tom will also accept instructions to act as a mediator in commercial disputes.
Tom is highly respected by his peers and has been ranked in personal injury by Chambers and Partners. He represents solicitor advocates on the Council of the Law Society of Scotland. He is a past President of the Society of Solicitor Advocates. He is a Fellow of the Chartered Institute of Arbitrators, a Writer to the Signet and a member of the Association of Personal Injury Lawyers.
Contact Tom by email email@example.com
Mediation is a form of alternative dispute resolution in which the mediator helps the parties to find their own solution to a dispute.
This opens up possibilities for settling disputes beyond the remedies which might be available to a court.
Tom has trained as a mediator in commercial matters and is available for appointment.
If a defender agrees to pay provisional damages under section 12 of the Administration of Justice Act 1982, that agreement carries with it an admission of liability. Accordingly, if the pursuer’s condition deteriorates and satisfies the conditions under which he would be entitled to apply for further damages, the issue of liability no longer arises.Boyd v Gates (UK) Ltd 2015 SLT 483
These cases concern cross border issues. In the earlier decision the Court decided that relatives of a man who died of asbestos related disease could not claim under the Damages (Scotland) Act 2011 from the second of two employers/defenders which was responsible only for asbestos exposure in England. English law applied to any claims. In the second case the court decided that Scots law governed whether or not the relatives could amend their claims against that employer to bring them under English law.Louisa Docherty v Secretary of State 2015 SLT 858 and  CSOH 54
The relatives of a man who died of mesothelioma were entitled to have their claims under the Damages (Scotland) Act 2011 heard by a jury because section 22(4) of the Prescription and Limitation (Scotland) Act 1973 did not preclude them, even if it might have precluded the deceased’s own claim being heard by a jury.Mitchell v Advocate General 2015 SLT 92
A local authority was liable for damages for losses arising from the exposure of a man to asbestos while in the employment of a new town development corporation, which had been wound up long before the disease developed, because the legislation winding up the corporation provided for residual, including potential, liabilities to be transferred to the authority.Bavaird v Sir Robert McAlpine 2014 SC 322
Tom represented the families of the passengers and crew of the Super Puma helicopter which crashed in the North Sea of Peterhead in April 2009 at the 6 week inquiry in Aberdeen. The inquiry covered complex engineering and regulatory issues, but representing the clients also meant dealing with the emotional impact of the events and the inquiry on the relatives of the men.G-REDL Fatal Accident Inquiry, Aberdeen, January/February 2014