Scott Brady took silk in Scotland in 2000. He has a wide criminal practice and he has led for both defence and crown in murders, drug importations and frauds and related profits of crime proceedings. In Scotland, he was appointed by the Lord Advocate as one of his deputes prosecuting in the Scottish High Court (roughly equivalent to Treasury Counsel).
He is regularly instructed in serious sex cases for both the defence and prosecution and is a Level 4 (highest level) prosecutor on the CPS Advocate Panel List. Scott is additionally a Level 4 counsel on several specialist panels including the Fraud Panel, Serious Organised Crime Panel, Proceeds of Crime Panel and the Rape and Serious Sexual Abuse List.
He has wide experience before all tribunals where advocacy is at a premium including the disciplinary tribunals of the legal, medical and architectural profession. He has appeared at planning inquiries and advises and appears in property related matters - having been to the House of Lords (before it became the Supreme Court) in a case defining the extent of an executor’s right to succeed to a deceased local authority tenant’s “right to buy” his home. He has advised and appeared in licensing matters at first instance and on appeal.
He has advised in defamation proceedings and has experience in civil jury trials - more common in Scotland.
Scott Brady is accredited by the Bar Council to provide Public Access Services and is Head of Chambers.
Scott has an interest in art and has appeared in an art theft of 'Rennie Mackintosh' chairs that police had recovered. In this case Scott had to examine experts on the provenance of the recovered property (were they the actual chairs that had been stolen?).
Scott has appeared for both the defence and the prosecution in numerous forfeiture and confiscation matters since the introduction of the confiscation regime, initially in drug related cases and notably appearing successfully for the defence at first instance and on appeal to challenge (on the law as it then was) the extent to which the court could assume that anything that could not be accounted for by the appellant could be assumed to be benefit of crime - one of the few successful challenges to the confiscation legislation in the UK.
Scott has been instructed to appear in the Coroner's Court for the family of the deceased who had been under instruction as a trainee pilot whose aircraft had crashed. He had to cross-examine a number of experts including an RAF Air Commodore and had to handle as sensitively as the case would allow, the issue of the fault on the part of the instructor who had also died in the crash and whose family was also present.
Scott has also appeared in a case arising out of the death of a trainee commercial airline pilot, which again involved the cross-examination of various expert witnesses.
Scott has appeared in many frauds and related hearings including appearing for the defence in a large VAT fraud where the court was persuaded to hold that the crown had failed to prove that the Clydesdale Bank was a "bank" within the meaning of the Bankers Books Evidence Act 1879. He has appeared in a case in respect of a solicitor who had defrauded clients over fishing license transactions and in a mortgage fraud where the defendant was accused of false and inaccurate declarations in many mortgage application documents, including falsifying accountant's certificates. He has also recently appeared in an immigration fraud where an immigration adviser had fraudulently lodged numerous falsified applications with the UKBA.
Scott is experienced in leading and cross-examining experts on health and safety related issues. He has prosecuted in a case involving a gas explosion in a flat which resulted in the near destruction of a dwelling house. He has defended in a case where a shopping parade had collapsed while under refurbishment and appeared in a case were he cross-examined air accident experts in which the cause of a plane crash was in issue.
Scott regularly advises and appears in liquor and gambling matters both at first instance and on appeal. Many of the applications have turned on issues of fact. Of those turning points of law, he has, for example, argued that a licence is a right of property protected by the European Convention and so, it was not mandatory, notwithstanding the terms of domestic legislation, for a Licensing Authority (and the court on appeal) to refuse to renew a licence when the holder had defaulted on Duty.
Scott has advised and appeared in a number of medical negligence cases, notably a case where a baby was born anoxic at birth as a result of medical errors at delivery, resulting in an award of excess of £1,000,000. In a similar case where a baby was damaged in the womb as a result of an accident. Scott has a wide range of experience of examining and cross-examining medical witnesses in many injury cases.
Scott has a great deal of experience in murder cases. Recent experience includes representing a man accused of murdering his wife at home with a coal shovel. He had to marshal the evidence and mould a submission for both provocation and diminished responsibility. Defending a youth who had become involved in a brutal attack on a victim who had been murdered by kicking him and then jumping on his head. Scott ran a 'cut-throat' defence and was successful in securing an acquittal on murder. He has defended a school-boy with learning difficulties who had been charged after joining up with a gang who had pursued a victim across a playing field where he was murdered. Scott had to take his client's instructions especially carefully and sensitively in the circumstances and secured an acquittal on the murder.
Scott has appeared in numerous multi-handed cases involving organised crime. Recently he appeared in a case where it was alleged that a gang had set up a commercial operation to import cigarettes and evading duty. He successfully challenged the Customs and Excise warrant to search the warehouse and the case was dismissed. In a recent large scale drugs case, he challenged the evidence of recordings of the conversations and telephone calls by undercover police officers as a breach of the right to privacy as protected by the European Convention.
Scott appears regularly and advises in property and planning related matters. He has advised and appeared in a case where a local authority tenant had completed a contract for the purchase of his property under the Right to Buy legislation but died before completion of the conveyancing formalities. The question was whether his executors could succeed to the Right to Buy. He advised a group of objectors at one of the few recent Major Roads Inquiries in the UK. He has advised and appeared in a range of routine property related matters and had has an advisory practice on matters across the property spectrum including adverse possession, neighbour disputes and drafting planning applications/submissions.
Scott has a wide experience of leading in rapes and serious sexual offence cases. His recent cases include defending in a case where the victim had been violently raped by her partner. He had to cross-examine the complainant on a large volume of mobile phone analysis material which showed post incident contact between the parties. Defending in an historic indecency with a child case where the defendant was between 10 and 14 at the time of the alleged commission of the offences. This case involved several expert witnesses. He also recently appeared in a "grooming" case where the defendant had several previous convictions.
Scott has appeared in very many tribunal and inquiries including: Employment Tribunals, Planning Inquiries, Medical Appeal Tribunals, Mental Health Tribunals, Criminal Injuries Compensation Board, Professional Conduct Committees, Disciplinary Tribunals and Panels of various professions, including architects, solicitors and doctors.
2000 QC (Scotland)
1998 (England & Wales)
Head of Chambers
Criminal Bar Association