Advocates of the Hastie Stable

James Murphie

James Murphie

Year of Call: 2008

Areas of Practice

Before coming to the Bar, James had acquired eight years practising experience as a litigation solicitor in Perth and Dundee. He is also an experienced academic lawyer. James therefore brings to the role of advocate a combination of practitioner skills and depth of knowledge in his specialist fields, which are: Employment Law (including discrimination and health & safety), European Union Law and Civil Liberties / Human Rights. James is frequently instructed to appear in Employment Tribunals on behalf of both Claimants and Respondents.  He is also regularly requested to provide written Opinions on a range of employment matters at the pre-litigation stage.

James is also mentioned in the Scottish Bar section of the Legal 500: the 2014 edition lists James as one of the leading Junior Counsel in Employment Law, stating that James "handles a range of employment and discrimination work" and that Hastie Stable's employment law offering strengthened upon James' arrival.  The 2013 edition stated that James is “particularly recommended for complex matters”.

James is also instructed regularly in personal injury cases and is an experienced practitioner in dealing with personal injury claims arising in the course of employment and also as a result of road traffic accidents.

Publications:

The Future of Scottish Labour Law: Reconceptualisation and Modernisation, Juridical Review 2016, 3, 227-254, Murphie J and Weldon-Johns M

The Employer's Right to Rewrite the Contract?  Juridical Review 2011, Issue 4, 331-347

Implementation of the 'Agency Workers Directive' (2008/104/EC) in the UK 2011 Scottish Law Gazette 85 

Scottish Update to Employment Law and Health & Safety chapters of the Architects Legal Handbook, 9th ed., Elsevier Ltd, Oxford, 2010

Road Traffic Accidents, chapter 22 in Thomson J (ed.) Delict, W. Green (under the auspices of the Scottish Universities Law Institute), 2010

In Defence of the Employer's Defence? - Case C - 127/05 Commission v UK, Scottish Law Gazette, vol.75 No.6, 208 2007

Book Review, 'Guide des aides d'état en droit communautaire', Journal of Common Market Studies, vol.38 no.1, March 2000

Presentations and Broadcasts:

A comparative study of the effective representation and protection of permanent-temporary workers' interests in the UK and Germany, a joint paper with Barsch J, presented at the Annual Conference of the Society of Legal Scholars, University of Edinburgh, September 2013

A critical analysis of the UK's implementation of the Agency Workers Directive (2008/104/EC), Paper presented at the Society of Legal Scholars (SLS) Annual Conference, Downing College, University of Cambridge, September 2011

Employers' Right to Rewrite the Contract, Paper presented at the Society of Legal Scholars (SLS) Annual Conference, University of Southampton, September 2010

Mum's Deportation may be illegal, Evening Telegraph and Post, 14 October 2009

BBC Radio Scotland Newsround, legal opinion broadcast during item on dropping of criminal proceedings against G8 protestors, September 2005 

Ninety Minutes, Interview broadcast on Radio Scotland regarding potential legal challenges to SFA rules, April 2004

Redundancy claims at Dens Park, Interview with Grampian TV for North Tonight, 14 January 2004 The Race Relations Act, Item on Lawful Business, Radio Scotland, March 1998

Profile & Contact