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CURRICULUM VITAE Aidan O'Neill QC PROFILE

Aidan O’Neill is qualified to appear as counsel in , as well as in the courts of and Wales. He practises in both jurisdictions, and has a /commercial practice involving a significant element of advice and court appearances on issues of European law, particularly in the fields of human rights, private international law, commercial , and employment and discrimination law. He has appeared as senior counsel before the European Court of Justice, the Judicial Committee of the Privy Council, the , the (Inner and ), and the High Court of England & Wales (Administrative Division), as well as before the courts in Scotland and the county court in England and Wales From 1997 to 1999, Aidan O’Neill was standing Junior Counsel to the Scottish Office Education & Industry Department. Since taking silk in Scotland in 1999 he has maintained a strong profile in discrimination and employment law issues, while his practice has continued to develop in the area of judicial review, (notably in relation to prisoners’ rights) as well as in issues of constitutional law post-devolution. He has a particular interest in the inter- relationship between EU law, human rights law and domestic law.

In addition to law degrees from and Sydney universities, Aidan O’Neill also holds a Masters degree in European and International law from the European University Institute, Florence and has recently been elected to a Fellowship at Princeton University. He has written three legal text books to date: EC for UK , a guide to the impact which EU law has on a wide variety of domestic fields of practice including company law, immigration and asylum, intellectual property, employment protection and discrimination, consumer law and private international law; Decisions of the European Court of Justice and their constitutional implications, a survey of the manner in which the ECJ created the conditions for a European constitution and has transformed the UK constitution; and Judicial Review in Scotland: a practitioner’s guide. He has also contributed chapters to a number of legal books, and is the author of many talks and articles in academic journals, particularly in the field of human rights, constitutional law and EU law.

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PROFESSIONAL EXPERIENCE

English Bar

September 2000 Associate, , Gray's Inn,

July 1996 Called to the Bar of England and Wales

Scottish Bar

July 1999 Appointed QC in Scotland

1997 - 1999 Standing Junior Counsel to the Scottish Office Education and Industry Department

July 1987 Called to the Scottish Bar

Academic and advisory work

2007-2008 Visiting Professor, Senior Research Scholar and Fellow in the Law and Public Affairs Program, Woodrow Wilson School of Public and International Affairs, Princeton University, NJ, USA.

1985-1987 Member of Legal Advisory Group, Scottish Consumer Council, Glasgow

1985-1987 Tutor in Jurisprudence, University of Edinburgh (Tutorial teaching in legal philosophy and the sociology of law)

1985-1987 Tutor in Mercantile Law, University of Edinburgh (Tutorial teaching in the law governing companies, trade and commerce)

Legal training

1986-1987 Bar to D. S. Mackay, (now Lord Mackay of Drumadoon, Senator of the ) Edinburgh

1985-1986 Bar Trainee, WS, Edinburgh (Professional training in litigation in the Court of Session, and the Employment Tribunal system from the late David Williamson WS QC, formerly senior partner of the Court Department of Brodies WS) 3

SIGNIFICANT CASES

European Court of Justice

2003 Joined Cases C-20/00, C-64/00 Booker Aquaculture and Hydro Seafoods v. Scottish Ministers [2003] ECR I-7411 (Reliance on the fundamental right to property to found a claim for compensation against an EU Member State)

Judicial Committee of the Privy Council

2001 Millar v. Dickson, 2002 SC (PC) 30, [2002] 3 All ER 1041, JCPC (Successful appeal to the Privy Council from the on the question of the waiver of the right under Article 6 ECHR to an independent and impartial tribunal)

House of Lords

2007 Somerville v. Scottish Ministers [2007] UKHL 44 (successful appeal on time bar, just satisfaction damages and the constitutional relationship between the Scotland Act 1998 and the Human Rights Act 1998)

2007 Beggs v. Scottish Ministers [2007] 1 WLR 455, 2007 SLT 235, HL (House of Lords confirming the competency of, and mens rea for, a finding of contempt of court against departments)

2005 Davidson v. Scottish Ministers, 2006 SC (HL) 42 (Successful constitutional challenge to the denial of availability of interim and final coercive court orders against the acts and omissions of the Government)

2004 Davidson v. Scottish Ministers (No. 2), 2005 SC (HL) 7 (Successful challenge to the decision in Davidson No. 1 on the grounds of apparent judicial bias given previous legislative and executive involvement of one of that bench when in the very legal issue raised in that case)

2004 Davidson v. Scottish Ministers (No. 3), 2005 SC (HL) 1 (The requirements relating to leave to appeal to the House of Lords from decisions of the Inner House and the possibility of cross-appeals)

2004 Archibald v. Council [2004] ICR 954, HL, 2004 SC (HL) 117 (the scope of the duty of reasonable adjustment under sections 5 and 6 of the Disability Discrimination Act 1995)

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2003 MacDonald v. Ministry of Defence 2003 SC (HL) 35; [2003] ICR 937 (Whether sex discrimination legislation encompassed discrimination on grounds of sexual orientation)

1989 Litster v. Forth Dry Dock Engineering Co. Ltd., 1989 SC (HL) 96, [1990] 1 AC 546, HL (Decision of the House of Lords on the proper approach to the interpretation and application of the Transfer of Undertakings ("TUPE") Regulations)

High Court of Justiciary

2000 Millar v. Dickson, 2000 JC 648, HCJ (On the question of the waiver of the right under Article 6 ECHR to an independent and impartial tribunal)

2000 Lord Advocate's Reference (No. 1 of 2000) re nuclear weapons, 2001 JC 143, HCJ (Concerning reliance on norms derived from customary international law by way of defence to a prosecution for criminal damage to Government property associated with the Trident missile defence system)

1997 HM Advocate v. Orru and Stewart, 1998 SCCR 59, HCJ (Criminal Appeal against conviction for unlawful avoidance of UK Excise Duties on alcohol imported duty paid from other Member States of the European Union)

Inner House of the Court of Session

2007 Bell v. Inkersall Investment Ltd., 2007 SLT 737 (Second Division considering the relationship between specially urgency cover and final legal aid certificate)

2007 X v. Scottish Ministers and others, 2007 SLT 657 (First Division considering the inter-relationship of reserved and devolved competence in the context of prisoner disenfranchisement)

2007 Smith v. Scott, 2007 SC 345, 2007 SLT 137, RAC/IH (Registration Appeal Court pronouncing a declaration of incompatibility in relation to the maintenance of blanket ban on voting by convicted prisoners)

2007 Fatima Helow v. Advocate General for Scotland, 2007 SC 303, 2007 SLT 201, IH (an application to the Inner House against the refusal of a statutory review of the decision of the IAT by single judge on grounds of apparent bias) 5

2006 Somerville v. Scottish Ministers, 2007 SC 140, IH (time bar, just satisfaction damages and the constitutional relationship between the Scotland Act 1998 and the Human Rights Act 1998)

2005 Beggs v. Scottish Ministers 2006 SC 649, IH; 2005 SC 342, IH (On the competency of, and mens rea for, a finding of contempt of court against Scottish government departments)

2005 Napier v. Scottish Ministers, 2005 SC 307, IH (Successful judicial review challenge to the slopping out regime imposed on remand prisoners in Scotland on the basis of breach of Articles 3 and 8 ECHR, as well as duty of care)

2004 Archibald v. Fife Council 2004 SC 495, IH (the scope of the duty of reasonable adjustment under sections 5 and 6 of the Disability Discrimination Act 1995)

2003 Secretary of State for Scotland v. Turner, 2003 SC 525, IH (On the interpretation of the NHS (Scotland) Superannuation Regulations 1980 and the extent of the jurisdiction of the Pensions Ombudsman)

2003 Davidson v. Scottish Ministers (No. 2), 2003 SC 103, IH (Successful challenge to the Inner House decision in Davidson No. 1 on the grounds of apparent judicial bias given previous legislative and executive involvement of one of that bench when Lord Advocate in the very legal issue raised in that case)

2002 Council of the v. Hall, 2002 SC 620, 2002 SLT 989, IH (Reliance on unreasonable delay provisions of Article 6(1) to impugn professional disciplinary proceedings brought against solicitors)

2002 Davidson v. Scottish Ministers, 2002 SC 205, IH (Constitutional challenge to the denial of availability of interim and final coercive court orders against the acts and omissions of the Government)

2002 MacDonald v. Ministry of Defence 2002 SC 1, IH (Whether sex discrimination legislation encompassed discrimination on grounds of sexual orientation)

2000 King v. Tunnock, 2000 SC 424, IH; [2000] IRLR 569; [2000] EuLR 531 (On the use of French law before UK courts in interpreting EU based legislation)

2000 British Airways v. Boyce, 2001 SC 510, IH; [2001] IRLR 157 (Res Judicata, employment tribunals and race discrimination) 6

2000 BBC Scotland v. Souster, 2001 SC 458; [2001] IRLR 150, IH (English v. Scots Race discrimination case)

1999 Turnbull v. TSB Scotland plc, 1999 SC 121, IH ("Bank holidays" and the rights of bank employees)

1998 William Grant & Sons (Distillers) v. Stuart, 1998 SC 741, IH ("Reasonable employers" and the role of the Employment Tribunal)

1998 Swan v. Secretary of State for Scotland, 1998 SC 479, IH; [1998] Env. LR 545 (Environmental judicial review appeal concerning the inter-relationship between EC law and national law on questions of time bar and delay)

Outer House of the Court of Session

2007 Lord Advocate, Petitioner, 2007 SLT 849 (on the competency of the Sheriff making an award of expenses against the Crown in a )

2007 B v. Scottish Ministers and others, 2007 SLT 566 (considering the inter-relationship of reserved and devolved competence in the context of prisoner disenfranchisement)

2007 Potter v. Scottish Ministers, 2007 SLT 363, OH (the meaning and import of the requirement of restrictions being “in accordance with the law” for the purposes of Article 8(2) ECHR

2006 Johnston v. Scottish Ministers, 2006 SCLR 5, OH ( and limitation periods applicable to Francovich damages action arising out of prosecution for fishing offences)

2006 M. v. Scottish Criminal Cases Review Commission. 2006 SLT 907, OH; 2006 SCCR 433 (miscarriages of justice and the criteria to be applied in references to the Criminal Appeal Court

2006 McArthur v. Lord Advocate, 2006 SLT 170, OH (The availability of pre-emptive expenses orders in JR proceedings seeking Article 2 compliant inquiries into the deaths of individual infected by the NHS with HCV)

2006 Monarch Energy v. Powergen, 2006 SLT 743, OH (Civil procedure - after the event insurance and caution for expenses in a commercial agency claim)

2006 Cuthbertson v. Friends Provident, 2006 SLT 567, OH (The application of the test of the “reasonable insured” rather than of 7

“the prudent insurer” in determining the extent of the duty of disclosure in concluding life and health insurance )

2005 Napier v. Scottish Ministers, 2005 SC 229, [2005] 1 Prison Law Reports 176, OH (Successful judicial review challenge to the slopping out regime imposed on remand prisoners in Scotland on the basis of breach of Articles 3 and 8 ECHR, as well as common law duty of care)

2002 Davidson v. Scottish Ministers, [2002] 1 Prison Law Reports 58, OH (Constitutional challenge to the denial of availability of interim and final coercive court orders against the acts and omissions of the Government)

2001 Tehrani v. UKCC, 2001 SC 581, OH; [2001] IRLR 208 (Reliance on fair trial provisions of Article 6(1) ECHR to professional disciplinary proceedings against nurses)

2001 A. v. Tayside Fire Board, 2000 SC 232, OH (Interdict against disciplinary proceedings going ahead where criminal charges are contemplated)

2001 Frape v. Emreco International Ltd., 2002 SLT 371, OH; [2002] EuLR 10 (Meaning of "termination" of contract for the purposes of the Commercial Agents (Council Directive) Regulations 1993)

2001 Mathewson v Scottish Ministers [2001] 1 Prison Law Reports 390, OH (Whether a refusal to allow legal representation at a prison disciplinary hearing was lawful and whether the criminal limb of Article 6 ECHR was engaged.

2001 Charanjit Singh v. Secretary of State for the Home Department, 2002 SC 119, OH (Part time special adjudicators in the field of immigration and asylum held to fail the common law requirements of independent and impartial tribunals)

2000 Akhtar v. Secretary of State for the Home Department, 2001 SLT 1239, OH (Article 8 ECHR and judicial deference to administrative decisions in immigration)

2000 Gurjit Singh v. Secretary of State for the Home Department, 2000 SLT 533, OH (unreasonable delay in judicial review)

2000 Ferguson Shipbuilders Ltd. v. Voith Hydro GmbH & Co. KG, 2000 SLT 229, OH (Jurisdiction and the inter-relationship of 8

the Brussels and Rome Conventions as between Germany and Scotland)

1999 Roy v. Pearlman, 1999 SC 653, OH; [1999] 2 CMLR 1155 (On the interpretation of the Commercial Agents Regulations)

1998 Salah Abdadou v. Secretary of State for the Home Department, 1998 SC 504, OH (On the inter-relationship between ECHR and national administrative discretion)

1998 Hill v. General Accident, 1999 SLT 1281; 1999 SLT 1157; [1998] IRLR 641, OH (On the proper construction of sick pay provisions in an employment contract)

1998 William Grant Ltd v. Marie Brizard España, 1998 SC 536, OH; (On the interpretation and inter-relationship of the Brussels and Rome Conventions)

1997 Adin v. Sedco Forex [1997] IRLR 280, OH (On the proper construction of permanent health insurance provisions in an employment contract)

1997 Meechan v. Secretary of State for Scotland, 1997 SLT 936, OH (Judicial review on pension rights and the Transfer of Undertaking (Protection of Employment) Regulations 1981)

1997 Coleridge v. Miller Construction, 1997 SLT 485, OH (Discussion on the recovery of pure economic loss in )

1996 Connelly v. New Hampshire Ins. Co., 1997 SLT 1341, OH; [1997] Re LR 367 (On whether or not "accidental bodily injury" encompassed "post-traumatic stress disorder")

1996 William Grant & Sons International Ltd v. Marie Brizard & Roger International SA, [1997] ILPr 391, 1996 SCLR 1987, OH (Regarding concurrent litigation in France and Scotland arising out of a commercial dispute)

1996 P.R. Consultants Scotland Ltd. v. Mann [1996] IRLR 188, OH (Non-enforceability of restrictive covenants on termination of employment contract "howsoever caused")

1993 National Union of Public Employees v. Secretary of State for Employment [1993] TLR 250, OH (Judicial review of the TUPE regulations for incorrect implementation of 77/187/EEC)

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High Court, England and Wales

2004 R (on the application of AMICUS–MSF section, NUT and others) v. Secretary of State for Trade and Industry [2007] ICR 1176, [2004] IRLR 430 (HC, Admin), (judicial review of the UK implementation of the Employment Equality Directive 2000/78 by the Employment Equality (Sexual Orientation) Regulation 2004)

Employment Appeal Tribunal

2003 Perth & Kinross Council v. Donaldson [2004] ICR 667, [2004] IRLR 121, EAT (on the non-application of TUPE Regulations upon the liquidation of a business)

2000 MacDonald v. Ministry of Defence [2001] ICR 1, EAT (Whether sex discrimination legislation encompassed discrimination on grounds of sexual orientation)

1997 Falkirk Council and others v. Whyte and others [1997] IRLR 560, EAT (Indirect sex discrimination case)

1995 Kelman v. Care Contract Services [1995] ICR 260, EAT (First application by the EAT of the TUPE Regulations to local authority contracting-out of formerly in-house services)

Sheriff Principal

1999 Nguyen v. Searchnet Associates Ltd. [1999] 3 CMLR 413; 2000 SLT (Sh. Ct.) 83 (Concerning the effect of EC law prohibition on nationality discrimination to civil court procedure)

1999 Rose v. Bouchet [1999] IRLR 463; 2000 SLT (Sh. Ct.) 170 (First reported decision on disability discrimination in the provision of goods and services)

1996 Mull of Kintyre Chinook FAI, Paisley, (Inquiry into the deaths of 30 individuals, overturning the MOD finding of gross negligence on the part of Fl. Lt. Tapper the commanding officer of the aircraft, whose family I represented)

1991 Ocean Odyssey FAI, Aberdeen, (Year long inquiry into the explosion of the Ocean Odyssey oil exploration rig in which I acted for the family of the deceased) 10

UNIVERSITY EDUCATION

1991-92 LL.M. European University Institute, Florence

(Degree in Comparative, International and European law awarded on the basis of a thesis "The Government of Judges: a study in judicial politics and the rule of law". Thesis published by the EUI as Law Working Paper 93/3)

1983-1985 LL.M. (Hons.) (First Class) University of Sydney, Australia

(Degree in legal and moral philosophy awarded on the basis of a thesis "The Foundations and Structures of Legal Reasoning: an investigation into the role and scope of practical reasoning in our understanding of the law". Awarded Sydney law faculty medal for best Master's degree of 1987)

1982-1983 Diploma in Legal Practice University of Edinburgh

1978-1982 LL.B. (Hons.) (First Class) University of Edinburgh

(Honours courses in: History of ; Comparative Law; International Private Law; Natural Law and Theories of Justice; Legal Reasoning and Legal Theory)

SECONDARY EDUCATION

1977-1978 Langside College, Glasgow 2 AEB 'A' Levels: Pure Mathematics (B), Chemistry (A); 1 SCE 'Higher' Grade: Physics (A)

1976-1977 Holy Cross High School, Hamilton, Lanarkshire 5 SCE 'Higher' Grades: Mathematics (A), Chemistry (A), French (A), Italian (B), English (A)

1972-1976 St. Francis Xavier College, Coatbridge, Lanarkshire 8 SCE 'O' Grades: Mathematics (A), Chemistry (A), Arithmetic (A), English (A), History (A), Latin (A), French (A), Italian (A)

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BOOKS PUBLISHED

2008 (forthcoming) EU Law for UK Lawyers: the domestic impact of EU law within the UK (Second Edition), Hart Publishing, Oxford

1999 Judicial Review in Scotland: a practitioner's guide, Butterworths, Edinburgh

1994 Decisions of the European Court of Justice and their Constitutional Implications, Butterworths, London

1994 EC Law for UK Lawyers: the domestic impact of EC law within the UK, Butterworths, London (Co-authored with Jason Coppel, Barrister)

BOOK CHAPTERS PUBLISHED

2006 “Parliamentary sovereignty and the judicial review of legislation” Chapter 10 in Mullen and McHarg (eds.) Scottish Public Law (Avizandum Press, Edinburgh, 2006)

2005 “Can a Catholic Be a Good Democrat?” Chapter 14 in Stanford and Filochowski (eds.) Opening Up: speaking out in the Church (Darton Longman Todd, London, 2005)

2004 “The constitutional supremacy of Community Law in the after the Human Rights Act” in de Sousa and Heusel (eds.) Enforcing Community law from Francovich to Köbler: twelve years of the State liability principle Volume 37 Academy of European Law, Trier, Germany (ERA, 2004)

2004 "Judging Democracy: the devolutionary settlement and the Scottish constitution" in Professor Andrew Le Sueur (ed.) Building the UK's new supreme court: national and comparative perspectives (Oxford University Press, 2004)

2001 "The Human Rights Act and the Scotland Act - the new constitutional matrix" Chapter 1 in Lord Reed (ed.) A Practical Guide to Human Rights Law in Scotland W.Green/Sweet & Maxwell, Edinburgh

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2000 Public Law" Chapter 7 in Lord Reed and A. Miller (eds.) Scottish Human Rights Service Looseleaf W.Green/Sweet & Maxwell, Edinburgh

1997 Pollution Control" Chapter 26 in P. Elias QC and J. Goudie QC Butterworths' Local Government Law, Butterworths, London (Co-authored with Jason Coppel, Barrister)

ARTICLES IN REFEREE’D ACADEMIC JOURNALS

2006 “’Stands Scotland where it did ?’: devolution, human rights and the Scottish Constitution seven years on” (2006) 57 Northern Ireland Legal Quarterly 102-137

2004 “Constitutional Reform and the UK Supreme Court: a view from Scotland” (2004) 9 Judicial Review 216-236

2004 “Judging Democracy: the devolutionary settlement and the Scottish constitution” (2004) 8 Edinburgh Law Review 177-205

2002 "Fundamental Rights and the Constitutional Supremacy of Community Law in the United Kingdom after Devolution and the Human Rights Act" (2002) Public Law 724-742

2001 "Judicial Politics and the Judicial Committee: the devolution jurisprudence of the Privy Council" (2001) 64 Modern Law Review 603-618

2000 "The European Convention and the Independence of the Judiciary - the Scottish Experience" (2000) 63 Modern Law Review 429-441

2000 "The Protection of Fundamental Rights in Scotland as a General Principle of Community Law - the case of Booker Aquaculture" [2000] European Human Rights Law Review 18

1992 "The European Court of Justice: taking rights seriously ?" (1992) 29 Common Market Law Review, 669; (1992) 12 Legal Studies 227-245 (co-authored with J. Coppel, Barrister)

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1987 "The Legal Philosophies of H.L.A. Hart" 1987 Juridical Review

1985 "After Warnock: the ethics of embryo experimentation" 1985 Bulletin of the Australian Society for Legal Philosophy, 3

JOURNALISM

2006 “Justice for the powerless: the Human Rights Act and the abuse of common sense” The Tablet, 20 May 2006, 8-9

2006 “Ties that bind: the Scottish bishops and civil partnerships” The Tablet, 11 February 2006, 14

2004 “Call to reason: bishops and Catholics in public life” The Tablet, 30 October 2004, 14-17

2002 "The Holy Roman European Union ?"The Tablet, 23 March 2002, 4-5

2002 "The Supreme Court Judge and the Death Penalty" The Tablet, 23 February 2002, 9-10

2002 "The Pope and the Lawyers" The Tablet, 9 February 2002, 8-13

2001 "Judicial Politics in the Judicial Committee" 2001 Journal of the Law Society of Scotland, 46(1), 17-19; (2001) 34 Amicus Curiae 4-8

2001 "Developers have human rights too" 2000 Journal of the Law Society of Scotland, 45(9), 16-18

2001 "Self-incrimination: still a grey area" 2000 Journal of the Law Society of Scotland, 45(3), 19-21

1999 "The Scotland Act and the Government of Judges" 1999 (News) 61-66

1997 "The and the Treaty of Rome: a tale of two constitutions" 1997 Scots Law Times (News) 205-212

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1997 "Compensation, Commercial Agents and Comparative Law" 1997 Scots Law Times (News) 141-147

1997 "The Scots, the English and the Race Relations Act" 1997 Scots Law Times (News) 101-105

1997 "The European Convention and the Independence of the Scottish Judiciary" 1999 SCOLAG 265, 139-143

1996 “Francovich Damages and the Working Time Directive" 1996 Scots Law Times (News) 381-385

1992 "Visions of Europe" 1992 New Blackfriars, 265

1992 "The European Court of Justice: on justice not being seen to be done" 1992 Journal of the Law Society of Scotland, 37(5) 169-170

CONFERENCES AND COURSES GIVEN

February - May 2008 Course Leader and Lecturer in a series of 12 seminars on the theme “Legacies of Nuremberg: universal human rights and the re-civilisation of Europe” at the Woodrow Wilson School of Public and International Affairs, Princeton University, New Jersey

November 2006 Lecturer on “Human rights litigation in the Scottish courts: procedure, standing and remedies” in CLT Scotland The Human Rights Conference 2006, Edinburgh

February 2006 Lecturer on “The changing constitution: the end of Parliamentary sovereignty and the rise of judicial primacy” to the University of Durham Human Rights Centre Staff Seminar

November 2005 Lecturer on “Devolution, human rights and the Scottish constitution” to the Bar Human Rights Group, Faculty of , Edinburgh

October 2005 Lecturer on “Prisoners’ Rights” in Sweet & Maxwell Human Rights Scotland Conference, Edinburgh

May 2005 Lecturer on “The Plurality of Fundamental Rights Sources and Jurisdictions: the challenge for the national practitioner” in conference on Litigating Fundamental 15

Rights in the EU, Academy of European Law, Trier, Germany

January 2005 Lecturer on “Catholics, politics, law and democracy” in conference Rendering unto Caesar, Lincoln’s Inn, London

December 2004 Lecturer on “The Sexual Orientation discrimination regulations and their compatibility with the EU Equal Treatment Directive” in Scottish Discrimination Law Association/Stonewall Joint Conference Sexual orientation discrimination – one year on, Glasgow

December 2004 Lecturer on “Human Rights and the Scottish Constitution” in Anderson Strathern WS conference Four years of the Human Rights Act, Edinburgh

October 2004 Lecturer on “Rights, Responsibilities and Religious Bodies”, the 3rd Alan Bray Memorial Lecture, London

December 2003 Lecturer on “Devolution Issues in Public Law” at the Sweet & Maxwell 15th Annual Judicial Review Conference Constitutional Public Law, London

December 2003 Lecturer on “Sexual Orientation discrimination : the new EU law” at the Shepherd & Wedderburn/Institute of Personnel Management annual employment law conference, Edinburgh

October 2003 Lecturer on “Human Rights in Scotland” in The Human Rights Act - a cross-jurisdictional comparison, a conference sponsored by the Northern Ireland Human Rights Commission, and the Centre for International and Comparative Human Rights Law at the Queen's University, Belfast

August 2003 Lecturer on “Mental Health and Human Rights - the impact of the Human Rights Act”, Central Legal Service of NHS Annual Conference on Mental Health, Stirling

May 2003 Lecturer on “Article 14 ECHR and UK discrimination law” at the Joint Equality Commissions Panel Seminar on Developments in Discrimination Law, Edinburgh

March 2003 Conference Organiser for The Human Rights Conference 2003: perspectives from England, Scotland, Northern Ireland, Strasbourg and Brussels sponsored by the and the Law Society of Scotland in association with Matrix Chambers and Speaker on 16

"The judging of democracy: the devolutionary settlement and the Scottish constitution", Edinburgh

March 2003 Lecturer on "SOD's law: Sexual Orientation Discrimination and the Human Rights Act", Employment Law Group Conference, West Lothian

November 2002 Lecturer on "Some Recent Developments in Human Rights Litigation in Civil Matters in Scotland" at the Drummond WS Correspondents' Conference, Signet Library, Edinburgh

October 2002 Lecturer on "Notes from a small country: Scotland's Constitution and the ECHR" in the University College Dublin conference on The European Convention on Human Rights: perspectives from England, Scotland and Ireland, Dublin

October 2001 Lecturer on "Whistle-blowing, Human Rights and the Bristol Inquiry" for the Second Annual Employment Lecture of the Royal College of Nursing, London

July 2001 Speaker on "The Experience in Scotland" in the University College London Constitution Unit's Seminar Series Reforming the UK's top courts: lessons from comparative policy, Edinburgh

May 2001 Speaker on "The supremacy and direct applicability of Community law" in the Seminar Series of the Academy of European Law on Enforcing Community Law before National Court: Ten Years of Francovich, Trier, Germany

May 2000 Speaker on "Devolution Issues and Human Rights" in the Seminar Series of the Constitution Unit of University College London on The New Constitutional Litigation: arguing human rights in British Courts, London

2000 Course Consultant for and Speaker in the Faculty of Advocates series of Day conferences and seminars on European Human Rights Law in Everyday Practice, Edinburgh

1999/2000 Course Consultant for, Chairman of, and Speaker in, the joint Faculty of Advocates/Law Society of Scotland two year Schumann Programme, sponsored by the European Commission, of ten Seminars and Day Conference on the theme EC Law in Everyday Practice, Edinburgh and Glasgow 17

May 1999 Consultant for and Workshop Convener in the Faculty of Advocates' Day Conference on The and Human Rights, Edinburgh

1998 Course Organiser for and Speaker in the Faculty of Advocates series of ten seminars Human Rights law in Scotland, Edinburgh

May 1997 Consultant for the Faculty of Advocates' Day Conference An Introduction to Human Rights Law and Speaker on the topic "EC Law and the European Convention on Human Rights" , Edinburgh

January 1995 Public Disputation with Professor Joseph Weiler of Harvard Law School held at the University of Edinburgh on the topic "The European Court of Justice: taking rights seriously ?", Edinburgh

SUMMER SCHOOLS ATTENDED

June 1992 Academy of European law, Fiesole, Italy - courses in EC law and European Human Rights law

March-April 1990 Goethe-Institut, Rothenburg-ob-der-Tauber, Germany - German language course: Mittelstufe I

July 1988 Salzburg Seminar, Salzburg, Austria - Seminar 269 on American law and legal institutions

July-August 1980 University of Vienna Summer School, Strobl, Austria - courses in German language, on the law of treaties and customary public international law

SCHOLARSHIPS AND AWARDS

2007-8 Laurance S Rockefeller Distinguished Fellow in Law and Normative Inquiry jointly at the University Center for Human Values and the Law and Public Affairs Program, Princeton University

1999 Alexander Maxwell Law Scholarship Trust (providing funding assisting towards the writing of Judicial Review in Scotland)

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1993 Clark Fund for Legal Education (providing funding assisting towards the writing of EC Law for UK Lawyers)

1986-87 Lord Reid Scholarship, Faculty of Advocates (providing funding for the one year period of pupillage training necessary for qualification to the Scottish Bar)

1983-85 Postgraduate Scholarship in law, University of Sydney (providing two years full subsistence and tuition funding for the LL.M. degree at the University of Sydney)

1982 Gray Scholarship, University of Edinburgh (providing funding for travel to and from Sydney, Australia)