Andrew Tolmie

Full Profile

Andrew acts for insurer clients representing their Scottish interests across business lines. The majority of his practice is in the Court of Session and Sheriff Personal Injury Court in high value, catastrophic and fatal personal injury cases including employer’s liability, public liability and road traffic accidents. Andrew also represents insurers in high value property and product liability disputes. 

Through insurers, Andrew has represented clients in the criminal courts in Health & Safety and road traffic prosecutions including fatalities.

Andrew is instructed on behalf of Spanish based insurers and hoteliers in cases brought by Scottish pursuers following accidents abroad.

Andrew maintains a commercial practice involving commercial contract disputes and debt recovery including clients from the construction and energy sectors.

Experience

• Acting for an insurer client in a seven-figure case arising from a road traffic accident and involving five fatalities. The case gave rise to cross-border issues given the insured driver was a foreign national.
• Represented a wholesale furniture company in a Sheriff Court Health & Safety prosecution where the injured person suffered life-changing leg injuries after being caught under a fork lift truck. The company was fined only £5000.
• Acted on behalf of the accused on a dangerous driving charge following a fatal road traffic accident where a special defence of mental disorder was entered. Then dealt with the associated civil claims where more than £2 million was being claimed including secondary victim claims for psychiatric injury.
• Represented an insurer in a seven figure indemnity dispute with a property holdings company arising from weather damage to residential properties in Glasgow.
• Advised on a dispute between a main contractor and the owners of mixed residential and commercial building in Glasgow city centre regarding payment. The client required advice on suspension of the works under the JCT Minor Building works Contract and associated issues including the hiring of plant, and building safety during the suspension.
• Acted for a renewable energy company in relation to customers' shortfalls in energy targets under lease contracts for biomass boilers. The customers claimed the contracts where voidable by way of misrepresentation. Court proceedings were raised for payment and eventually resolved by way of renegotiation of the contract.
• Advising a major car manufacturer in relation to product liability claims including an accident that had been caused by a faulty tow bar and also a faulty electronic parking brake.
• Advice to insurers of a bakery regarding product liability following an outbreak of hepatitis A involving more than 70 claimants.