Heriot Currie QC

Heriot Currie
Call 1979 | Silk 1992
Education

QC (Scotland) Wadham College Oxford, Edinburgh University LLB

Contact the Clerks

+44 (0)20 7405 7211 | chambers@monckton.com

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.

Public Procurement

Elekta v Common Services Agency [2011] CSOH 107 (Regulation 47H Application)

Levenseat v South Lanarkshire Council 2012 (Regulation 47H Application)

Energy

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.

Competition Law

Sandisk v Sisvel [2007] 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 [2009] CSIH

Public Law

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.

VAT

VIP Scotland v HMRC 2009 (carousel fraud)

RBS Deutschland v HMRC [2006] CSIH 10 (case on abuse of rights – subsequently appealed to ECJ)

What the Directories Say

For Commercial Litigation: ” Heriot Currie QC is ‘ confident, commercially and technically superb, and a very able negotiator’, ‘ clinically analytical and decisive’…”  The Legal 500, 2008

The Legal 500, 2007 highlights Heriot Currie QC as part of their Scottish Bar review as “… some excellent silks… including Heriot Currie QC…” and recommended him in 2006 for Commercial Litigation and IP/IT.

In the Commercial Litigation section The Legal 500, 2005 mentions “Heriot Currie QC is ‘one of the top three’ in Scotland for commercial work, including competition law”. In addition he receives recommendations in the Competition and IP/IT sections.

The Legal 500, 2004 comments in their Commercial Litigation section: “Heriot Currie QC of Flynn Stable, is commended for his commercial advice” and on EU and Competition: “Heriot Currie QC at Flynn Stable is frequently mentioned for his work in European law”.

Add to portfolio View portfolio