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Eugene Creally

Summary

Eugene Creally has practised widely in various areas of the law since calling to the Bar in 1993. These include reparation, professional and medical negligence, European law, commercial contracts, company and insolvency litigation, agricultural law, construction contracts and arbitration. As a standing junior to the Scottish Ministers, he gained considerable experience in administrative and public law areas such as mental health, education, Town & Country planning and local government. Eugene Creally also provided advice and representation to the Advocate General in immigration and Director Disqualification cases.

Experience

Eugene Creally spent two years working as a solicitor in Edinburgh and Glasgow and has been 15 years at the Bar. He has appeared in the European Court of Justice, the Court of Session (both in the Outer and Inner House), the Sheriff Court and various tribunals. He was instructed as junior counsel to the Billy Wright Inquiry, an inquiry under the Inquiries Act 2005 from April 2005 to February 2008. He rejoined the Inquiry in September 2008.

Selected cases

• Shoprite Group plc v Kwik Save Stores Limited 1999 SC 8 - Junior Counsel in an Inner House Appeal concerning the construction of an agreement between the parties relating to the sale and purchase of properties in Scotland
• Moray Estates Development Co v Butler & Ors 1999 SCLR 447 - Junior Counsel in an Outer House Debate concerning the interpretation of an Agricultural lease, in particular, the identification of the Tenant
• MacDonald v Federation International de Football Assn & Ors 1999 SCLR 59 - Outer House Debate relating to whether FIFA and/or the SFA owed a duty of care to a football supporter.
• Blue Circle Industries plc 2001 SC 221 - Judicial Review of a decision of a Reporter to allow a sist of the proceedings in a Planning Inquiry
• Cannell v Scottish Ministers 2003 SC 72 - Junior Counsel in an Inner House Appeal relating to the interpretation of section 265 of the Town & Country Planning (Scotland) Act 1997 and its compatibility with the Human Rights Act.
• Booker Aquaculture & Hydro Seafood GSP Limited v The Scottish Ministers [2003] EUECJ C - 20/00 (10 July 2003) - Preliminary Ruling from the ECJ on the validity of Council Directive 93/53/EEC of 24 June 1993 introducing minimum Community measures for the control of certain fish diseases. See also Hydro Seafood GSP Limited v The Scottish Ministers 2000 SC 34 - Junior counsel at Outer House Judicial Review hearing
• Public Inquiry for Renfrewshire Council in connection with Retail Development
• Flood Prevention Scheme Inquiry over 5 days for East Dumbartonshire Council
• SD, Re Application for Judicial Review 2003 SC 250 - Judicial Review of a decision of a local authority not to open a Record of Needs in relation to a child requiring special educational needs in terms of the Education (Scotland) Act 1980 as amended
• Bellway Homes (Scotland) Limited v Stirling Council & Another [2008] CSIH42 - Junior Counsel in an Inner House Appeal concerning the interpretation of a Structure Plan, in particular, the Key Diagram and other indicative figures

Publications

• Judicial Review of Anti Dumping and Other Safeguard Measures in the European Community: Butterworths (1992)

Professional Appointments

• Clerk of Faculty 1999 to 2003
• Standing Junior Counsel to Scottish Ministers 1998 to 2005
• Vice Chairman of the Faculty of Advocates Free Legal Services Unit (FLSU)
• Member of the Court of Session Rules Council

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