Sigurdur Arthur Bennett
A. Date of birth:
21 September 1957
B. Legal education and training:
1. University: University of Edinburgh
Degree: LL B (Hons) (1979)
Class Prize: Muirhead Prize for Civil Law (1976)
2. Bar apprenticeship: Brodies WS (1980—1981)
3. Pupillage: The Hon Lord McGhie, The Hon Lord Emslie
(1981—1982)
4. PQLE: Diploma in Trial Advocacy Skills (1994)
C. Date of admission to the Faculty of Advocates:
9 July 1982
D. Practice:
All aspects of civil work, particularly personal injury cases. Appearances made inter alia in the following actions:
House of Lords: Brown v. Hamilton District Council, 1982 S.C. (H.L.) 1; Clydesdale Bank plc v. Davidson, 1998 S.C. (H.L.) 51.
Court of Session Inner House: Girvan v. Girvan, 1988 S.L.T. 866, Robertson v. Robertson’s Executor, 1991 S.C. 21, Falkirk District Council v. Secretary of State for Scotland, 1991 S.L.T. 553; Byrne v. Ross, 1992 S.C. 498, Murdoch v. McDermott (Scotland), 1992 G.W.D. 8-445, Crockett v. Crockett, Extra Division, 30 June 1993, unreported, Howson v. Chief Constable for Fife, Extra Division, 5 November 1993, unreported, Connelly v. Simpson, 1993 S.C. 391, Mullan v. Anderson, 1993 S.L.T. 835 (Court of Five Judges), Robertson’s Executor v. Robertson, 1995 S.C. 23, Bank of Scotland v. Drummond, Extra Division, 16 November 1995, unreported, Clydesdale Bank plc v. Davidson, 1996 S.L.T. 437, Cameron v. Lightheart, 1995 S.C. 341; Macari v. Celtic Football and Athletic Co Ltd, 1999 S.C. 628, Arbuckle v. Scottish Power plc, 2000 G.W.D. 10-358, Gardiner v. Jacques Vert plc, 2002 S.L.T. 928, Warwick v. Green, 2004 G.W.D. 19-416.
Court of Session Outer House: Taylor v. Drysdale, Lord Davidson, 27 July 1984, unreported, Little v. Miller, 1984 S.L.T. 99, Galbraith v. Marley Buildings Ltd, 1984 S.L.T. 155, Finch v. Finch, Lord Mackay of Clashfern, 17 September 1985, unreported, Black v. Uniroyal Ltd, Lord Clyde, 21 May 1986, unreported, Denheen v. British Railways Board, 1986 S.L.T. 249, McGowan v. McGowan, 1986 S.L.T. 112, Gallacher v. Strathclyde Regional Council, 1986 S.L.T. 53, McCormack v. McCormack, 1987 G.W.D. 9-287, Lamey v. Winram, 1987 S.L.T. 635, Preston v. Grampian Health Board, 1988 S.L.T. 435, Denheen v. British Railways Board, 1988 S.L.T. 320, McDevitt v. McDevitt, 1988 S.C.L.R. 206, Murdoch v. McDermott (Scotland), 1990 G.W.D. 8-421, Sterling Financial Services v. Johnston, 1990 S.L.T. 111, Latter v. Latter, 1990 S.L.T. 805, Rennie v. Stephen 1991 G.W.D. 26-1559, Brogan v. Rennie, 1991 G.W.D. 31-1885, Robertson v. Robertson’s Trustees, 1991 S.L.T. 875, Connelly v. Simpson, 1991 S.C.L.R. 295, McMillan v. Caldwell, 1991 S.L.T. 325, Crockett v. Crockett, 1992 S.C.L.R. 591, Smart v. Smart, 1992 G.W.D. 1-46, Tiarks v. Paterson, 1992 G.W.D. 23-1328, Smart v. Smart’s Executors, 1992 G.W.D. 26-1504, Cameron v. Greater Glasgow Health Board, 1993 G.W.D. 6-433, International House of Heraldry v. Grant, 1992 S.L.T. 1021, Bruce v. Willison, 1993 G.W.D. 40-2663, Murray v. Murray, 1993 G.W.D. 16-1058, Tahir v. Tahir, 1993 S.L.T. 194, Arbuckle v. A H McIntosh & Co Ltd, 1993 S.L.T. 857, Falkirk District Council v. Falkirk Taverns Ltd, 1993 S.L.T. 1097, Davidson v. Uniroyal Englebert Tyres Ltd, 1994 G.W.D. 24-1471, MacDougall v. MacDougall’s Executors, 1994 S.L.T. 1178, McCormick v. McCormick, 1994 S.C.L.R. 958, McIntyre v. Strathclyde Regional Council, 1994 S.L.T. 933, Kenny v. Lightways (Contractors) Ltd, 1994 S.L.T. 306, Tahir v. Tahir (No 2), 1995 S.L.T. 451, Graham v. Mauchen’s Executors, 1995 G.W.D. 15-874, Smart v. Smart’s Executors, 1995 G.W.D. 25-1342, Graham v. Beattie, 1995 G.W.D. 24-1313, Donald v. British Pipe Coaters Ltd, 1996 G.W.D. 24-1382, Macari v. Celtic and Athletic Co Ltd, 1999 S.L.T. 138, Fairbairn v. Vayro, 2001 S.L.T. 1167, Smith v. Hastie, 2002 S.L.T. 1183, Armstrong v. G Dunlop & Son’s JF, 2004 S.L.T. 155, Zimmerman v. Armstrong, 2004 S.L.T. 915, Pelosi v. Luca, 2004 G.W.D. 23-513, O’Neill v. Dowding & Mills plc [2007] C.S.O.H. 170; Lyons v. Wm Morrison Supermarkets plc [2010] C.S.O.H. 50.
Appearances also in the Sheriff Courts and before Tribunals, Inquiries, Boards & Committees.
E. Appointments:
Member, Lord President’s Working Party on Simplified Divorce Procedure (1988-89).
Standing Junior Counsel, Ministry of Defence (Royal Air Force) (1991-1997).
Member, Faculty Council (1992-1996).
F. Publications:
Books:
‘Divorce & Dissolution of Civil Partnership in the Sheriff Court’
First edition, 1984 (“The legal profession will welcome this book….”—R S Johnston, 1984 S.L.T. (News) 123; “…it must be stressed that this is an exceptionally valuable publication.”— A J S Kennedy, (1984) 29 J. L.S.S. 221; “….most readable and logically presented.”—M Sischy, (1984) Scottish Law Gazette, p. 64; “….a book that will be referred to frequently.”—G P Parker Smith, (1984) Scolag Bulletin; “This will be a most useful book for practitioners and, indeed, for students taking the diploma in legal practice.”—W A Wilson 1984
J. R. 246).
Second edition, 1987 (“It deserves continuing success and is highly recommended.”—J A Dick, 1987 S.L.T. (News) 298; “…the second edition should prove no less valuable a tool of the solicitor’s trade than the first.”—D C Clapham, (1987) 32 J.L.S.S. 375; “…the second edition of the book is to be warmly welcomed.”—P I Caplan, 1987 J. R. 117).
Third edition, 1991
Fourth edition, 1994 (“Mr Bennett’s book continues to be an invaluable aid to sheriff court practitioners..."”—A M Cubie, 1994 S.L.T. (News) 374; “’Good wine needs no bush’”—D B Smith, (1995) 40 J.L.S.S. 54)
Fifth edition, 1997 (“Another bestseller no doubt, and deservedly so.“—W J Stewart, 1997 S.L.T. (News) 292; “A book in its fifth edition in thirteen years…speaks for its own success.”—M S Foran, (1997) 42 J.L.S.S.).
Sixth edition, 2000 (“I adhere to my own commendations of the last edition. This edition is even better.”—W J Stewart, 2000 S.L.T. (News) 314; “…the sixth edition cements its reputation as an essential practical reference for the majority of divorce actions in the sheriff court.”—B Mohan, (2000) 45 J.L.S.S. 45;“The advantages of Mr. Bennett’s book in terms of size, price and conciseness of expression should appeal to busy divorce practitioners.”—K H Forrest, (2000) 68 S. L.G. 216).
Seventh edition, 2005 (“…Bennett has rightly become part of the furniture in many, if not most, solicitors’ offices nationwide. The profession is indebted as this, the 7th edition, rolls off the production line……Those with some prior knowledge and experience of the practice of divorce will benefit most from reference to Bennett but greenhorns will treasure it too.”—P Forte, (2006) 74 S.L.G. 143; “The seventh edition of this book makes very easy reading and is an essential guide to all practitioners who are involved in litigating divorces through the sheriff court…..All in all, the book is a very useful guide to the practice of divorce in the sheriff courts in Scotland, as it has been through its many editions.”—B Baxter, 2006 S.L.T. (News) 102); “Bennett’s book….is extremely useful as a first point of reference and also for the more complicated aspects of divorce law and procedure.”—A Gordon, (2006) 51 J.L.S.S. 49).
Eighth edition, 2007 (“Its strength lies in its accessibility and the concise and practical guide which it sets out…...Previous editions of Siggi Bennett’s Divorce in the Sheriff Court have always been the book to which I have referred most frequently in my library and this latest edition will be no different.”—T McCartney, 2007 S.L.T. (News) 20; “This book…is highly referenced and thoroughly researched. As with previous editions, it is aimed principally at family practitioners working within the sheriff court system….[It is] an immensely practical text which is interesting, readable and a must for the shelf of Scottish family lawyers.”—L-A Barnes, (2007) Scolag Journal, p. 131).
‘Style Writs for the Sheriff Court’
First edition, 1989 (“I applaud its appearance. It can only be good for those who wish to learn...”—The Lord Emslie, 1989 S.L.T. (News) 407; “…this book will be an essential tool.”—D C Clapham, (1989) 57 S.L.G. 28; “…a comprehensive coverage of a representative range of actions.”—J M Burns, (1989) Scolag Bulletin, p. 46).
Second edition, 1994 (“For the expert pleader, the book provides a fine collection of styles…..”—S E Woolman, 1995 S.L.T. (News) 181; “…a useful collection of styles which will be a comforting addition to the library of any practitioner who has to prepare sheriff court pleadings.”—M L Ross, (1995) 40 J.L.S.S. 55; “This book is undoubtedly due for well-deserved success…”—A Grahame, (1995) 63 S.L.G. 45; “…a useful tool for the court practitioner…”—R Mays, (1995) Scolag Journal, p. 80).
Third edition, 2001 (“It is clear that this book is self financing and a ‘must have’ for any general court practitioner.”—W J Stewart, 2001 S.L.T. (News) 248; “Mr. Bennett’s third edition of ‘Style Writs for the Sheriff Court’ is to be commended”—S J Buchanan, (2001) 46 J.L.S.S. 53).
Fourth edition, 2009 (“The styles are clear and concise without gaps to give practical examples for drafters to follow…this book covers the bulk of the types of actions and practice areas most civil practitioners will encounter on a day to day basis in a user friendly manner and will be a welcome addition to any practitioner’s library.”—Anon, 2010 S.L.T. (News) 72).
‘Personal Injury Damages in Scotland’
First edition, 1999 (“The book will be essential for those who do some work without the benefit of an encyclopaedic text.”—W J Stewart, 1999 S.L.T. (News) 162; “We should as a profession be grateful to Mr Bennett for his efforts.”—A Dunipace (1999) 44 J.L.S.S. 43; “…an extremely worthwhile publication…”—A Grahame, (2000) 68 S. L.G. 103; “There is no doubt that the content of this book provides value for money. It is to be commended to any practitioner in the field of personal injuries litigation.”—J Cherry, 2000 E. L. R., p. 360; “…the comprehensiveness and clarity of coverage, and the immensely useful Appendices should repay the investment in this book.”—A S Pollock, [1999] J.I.P.L. 339).
Second edition, 2001 (“Lord Hope, in a foreword, rightly commends the author for his industry and service to the profession…”—W J Stewart, 2001 S.L.T. (News) 186; “The narrative is clear and accessible, and coverage of the major topics is in-depth, with copious reference to case law. At £100 for over 850 pages of hardback it can hardly be described as over-priced.”—L-A Williamson, (2001) 69 S.L.G. 94; “The structure of this book is highly accessible. However, it is the appendices which make this text definitive….this text will be a valuable resource to those involved in calculating awards of damages.”—D McFadzean, (2001) Scolag Journal, 144).
Third edition, 2003 (“Another welcome edition of this valuable work….”--W J Stewart, 2003 S.L.T. (News) 296; “….well worth having in any personal injury library."”-C Hennessy, (2003) 48 J.L.S.S. 57; “……excellent value and a good, informative read into the bargain.”—F McManus (2005) Scolag Journal, p. 59).
Fourth edition, 2005 (“A fourth edition of this valuable text within two years of the last one is most welcome.”—D R Parratt, 2005 S.L.T. (News) 132).
Fifth (loose-leaf) edition, 2007 (“This is a new edition of this well known and well used book. It features a laudatory preface by Lord Hope of Craighead and so there would normally be no need to say much more….I can only say that I hope users of Mr Bennett’s book will appreciate what good value they get with a text such as this….”—W J Stewart, 2008 S.L.T. (News) 181; “The latest edition of this ‘exposition of the law governing the calculation of damages in personal injury cases’ is every bit as thoroughly researched and comprehensive as its predecessor. Mr Bennett, an advocate of considerable standing, is aptly placed, and certainly well qualified, to furnish his fellow practitioners with this impressive tome.…In such a complex field, Bennett’s appealingly succinct manner, well-structured format and pragmatic approach certainly means that the brief consultation of a busy reader is also likely to be a satisfying one. The loose-leaf format also makes it an up-to-date resource few practitioners will want to be without.”—Lesley-Anne Barnes, (2008) Scolag Journal, p. 267; “It provides a ‘one stop’ source of information on personal injury damages which is far more wide ranging than one could reasonably expect from a single volume.….a unique resource.”—Charles Hennessy, (2009) 54 J.L.S.S. 54).
Articles:
‘Loss of Society Award: Quid Juris?’ 1982 S.L.T. (News) 101.
‘Bank Debts, A Matter of Interest’ 1983 S.L.T. (News) 85.
‘Action This Day! Income Support Deductions from Damages’ 1991 S.L.T. (News) 311.
‘Setting Off on the Wrong Foot’ 2000 S.L.T. (News) 214.
‘The Future’s Bright; The Future’s Ogden’ 2001 S.L.T. (News) 54.
‘Not Proven: The Verdict’ 2002 S.L.T. (News) 97.
