Vikki Melville

Practice Areas

Vikki has particular expertise acting for insurance and self-insured commercial entities and acts as the sole Scottish panel solicitor for a number of the firm's clients. Vikki handles a wide range of claims raised in both the Sheriff Courts and the Court of Session, including litigation in the Commercial Court Division.

She regularly handles high value claims including catastrophic injury claims, such as brain injury, amputation, and spinal injury claims, and fatal claims, arising from road traffic incidents, employers liability and public liability claims. She is often instructed by insurer clients to handle catastrophic and large loss claims from the pre-litigation stage, and also regularly handles litigated claims in the National Personal Injury Court and Court of Session. She has a strong local knowledge of Scottish experts and of the Scottish claimant solicitors who regularly pursue high value claims. Vikki is also regularly instructed for advice on policy coverage concerns arising from large loss cases.

Vikki also takes a keen interest in Scottish Government reforms, legislative and lobbying processes, and has contributed to several working party consultation responses. Vikki has served previously as a Council Member of the Law Society of Scotland and most recently, she was appointed as a member of the Scottish Civil Justice Council’s Personal Injury Committee for a 3 year tenure from July 2022 - 2025.

Experience

• ICL Tech Ltd v Johnston Oils. Vikki successfully defended a test case raised in the Commercial Court following an attempt by a factory owner seeking to recover their costs from LPG gas suppliers, which had been paid out to the injured and relatives of those killed in an explosion in 2004. The overall liability avoided amounted to approx £12m.

• First Scotrail v Network Rail. Vikki acts for First Scotrail in a complex property damage claim proceeding in the commercial division of the Court of Session. A train was derailed after striking a boulder which fell onto the track from an area under Network Rail's control. The dispute focuses on the contractual position between the parties in terms of the Track Access Agreement and the extent to which Network Rail subcontracted inspection obligations to a third party. The applicability of an arbitration clause is a key issue. The value of the claim is around £1 million.

• Vikki is presently instructed to represent a large local insured company who was subject to intense scrutiny and HSE investigation and prosecution (subsequently dropped by the Crown) following the Legionella outbreak, Edinburgh in 2012. A large number of civil claims are ongoing.

• Vikki was instructed to act on behalf First Group with an interest in the Glasgow bin lorry accident.

• Vikki represented the insurers of a door security provider in connection with the death of a nightclub patron, in a dispute about the interpretation of 'deliberate acts' and 'wrongful arrest' exclusion clauses, which was heard by the UK Supreme Court in February 2021.

• Acting for the defender in a large loss claim where the pursuer claimed approximately £20 million damages on behalf of her son, Scott Droy, in respect of injuries sustained in utero as a result of a RTA in 2001. Scott, who is now an adult, suffered cerebral palsy as a result. Liability was admitted.