Laura-Anne van der Westhuizen KC
Year of Call: 2009
Silk: 2021
07503 003320
la.westhuizen@advocates.org.uk
Laura-Anne van der Westhuizen KC has a civil practice with particular emphasis on commercial law, planning and environmental law and public law. She is currently ranked in five separate practice areas by Chambers UK and is Legal 500 Scotland Awards 2023 Silk of the Year. She was the Legal 500 Scottish Bar Junior of the Year in 2020.
Since calling to the bar in 2009 Laura-Anne has been instructed in a variety of commercial matters including company and insolvency matters, contractual disputes, shipping matters and tax appeals. She has represented both developers and planning authorities in planning matters, petitioners and respondents in a range of judicial review proceedings, and interested parties and core participants in fatal accident and public inquiries.
Laura-Anne has extensive advocacy experience. Before calling to the Scottish Bar she practised as an Advocate in South Africa and she called to the Bar of England and Wales in 2008. She has appeared in the UK Supreme Court, the Court of Session (Inner and Outer House), the Scottish Land Court, the Sheriff Court and various tribunals and inquiries.
She was on the Equality and Human Rights Commission’s panel of counsel from 2015 to 2023 and was a Standing Junior Counsel to the Scottish Government from 2015 to 2021.
In March 2022 Laura-Anne was appointed as Co-Lead Counsel to the Scottish COVID-19 Inquiry.
Selected Cases
Contested petitions for sanction of Schemes of Arrangement for the restructuring of approximately US$2.56 billion in corporate debt.
Action regarding an alleged breach of settlement agreement relating to the Design Build, Finance and Operate Agreement for the M8 M73 M74 Motorway Improvement Project.
Action for payment of a gambling debt in relation to a bet placed with on “Rangers to be relegated”.
Proceedings by an oil company for interdict in relation to the invasion and occupation of its premises by environmental activists.
Judicial review of a decision of Highland Council granting planning permission for the construction of a spaceport for the vertical launch of rockets and satellites into space.
Appeal against a decision of the Lands Tribunal for Scotland in relation to a disputed compensation claim arising out of the compulsory acquisition of agricultural land for the purposes of constructing part of the Aberdeen Western Peripheral Route.
Judicial review of a controversial decision by a planning authority to grant Aberdeen Football Club’s application for planning permission for the development of a new stadium and training grounds on greenbelt land.
Statutory appeal to the Inner House of the Court of Session against a decision to refuse planning permission in principal for a substantial development comprising a public park, residential development of 600 units, commercial space and a primary school on greenbelt land.
Judicial review of a decision of a local planning authority to grant planning permission in principle for a large residential development.
Judicial review by a resident and member of a local flood prevention action group of a decision by a local planning authority to grant an application for planning permission for a large residential development in an area with a history of flooding.
Reclaiming motion against interlocutors by the Lord Ordinary reducing decisions by the Scottish Ministers under section 36 of the Electricity Act 1989 and regulation 22 of the Marine Works (Environmental Impact Assessment) Regulations 2007 authorising the construction of four offshore wind farms.
Petition for judicial review of decisions by the Scottish Ministers granting authorisation for the development of an offshore windfarm.
Reclaiming motion against the decision of the Lord Ordinary to uphold a decision of a Local Review Body of the Scottish Borders Council to grant planning permission for the erection of two wind turbines.
Application to intervene under RCS 58.8A.
Application for a protective expenses order under RCS 58A.
Statutory appeal under section 239 of the Town and Country Planning (Scotland) Act 1997 against the decision of a reporter appointed by the Scottish Ministers.
Hearing into application for necessary wayleave under Schedule 4 to the Electricity Act 1989 for the installation of a new electric line over land in relation to the upgrade of voltage of the East Coast overhead transmission line to 400 kV.
Public local inquiry into applications for the grant of four necessary wayleaves to keep installed electric overhead lines, poles, underground cables and associated apparatus on land at Tarbert, Arrochar.
Hearing into application for necessary wayleave under Schedule 4 to the Electricity Act 1989 to retain existing 11kV and low voltage overhead and underground distribution lines and associated equipment on land at Culloden Moor, Inverness.
Public local inquiry into an application for consent under section 36 of the Electricity Act 1989 and deemed planning permission under section 57 of the Town and country Planning (Scotland) Act 1997 for the construction and operation of Aikengall IIa Wind Farm.
Application under section 19(A) of the Crofters Scotland Act 1993 for consent to a scheme of development to provide access to the site of a spaceport to be constructed for the vertical launch of rockets and satellites into space.
Appeal against a decision by the Scottish Ministers to uphold a decision to reject an application for the allocation of Basic Payment Scheme payment entitlements through the National Reserve in 2015.
Appeal to the Scottish Land Court under the Rural Payments (Appeals) (Scotland) Regulations 2015 against a decision by the Scottish Ministers to refuse a claim for payment under the Scottish Upland Sheep Support Scheme on the basis that a certain number of sheep were ineligible due to a failure to report their movement as required by Regulation 21/2004 and the Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009.
Challenge to the competency of a purported appeal to the Scottish Land Court under the Rural Payments (Appeals) Scotland Regulations 2015 against a decision of the Scottish Minister to allocate land parcels held under the Basic Payment Scheme to one or more categories of land, on the basis that this was not a decision under the Schedule to the Rural Payments (Appeals) (Scotland) Regulations 2015 and accordingly was not a relevant decision that could be challenged to by way of appeal to the Scottish Land Court.
Reclaiming motion against interlocutors by the Lord Ordinary reducing decisions by the Scottish Ministers under section 36 of the Electricity Act 1989 and regulation 22 of the Marine Works (Environmental Impact Assessment) Regulations 2007 authorising the construction of four offshore wind farms.
Petition for judicial review of decisions by the Scottish Ministers granting authorisation for the development of an offshore windfarm.
Reclaiming motion against the decision of the Lord Ordinary to uphold a decision of a Local Review Body of the Scottish Borders Council to grant planning permission for the erection of two wind turbines.
Statutory appeal under section 239 of the Town and Country Planning (Scotland) Act 1997 against the decision of a Local Review Body of the Scottish Borders Council to grant planning permission for the erection of two wind turbines.
Application for a protective expenses order under RCS 58A.
Seven unopposed petitions for judicial review seeking disclosure of certain material, in which the Court, in deciding whether or not to grant expenses, considered whether voluntary disclosure was prohibited without a court order or a specific obligation to do so in light of the relevant provisions of the Data Protection Act 2018 implementing the Law Enforcement Directive (Directive (EU) 2016/680) and express advice from the Information Commissioner’s Office to that effect.
Reclaiming motion against part of a interlocutor by the Lord Ordinary in proceedings for judicial review by a windfarm developer challenging the lawfulness of a policy of the Ministry of Defence to allocate “noise budget” to proposed wind farm developments. The interlocutor was challenged on the basis that the petition proceedings had been so tainted by procedural unfairness, including the absence of intimation to an affected developer, that it could not be allowed to stand.
Reclaiming motion against interlocutors by the Lord Ordinary reducing decisions by the Scottish Ministers under section 36 of the Electricity Act 1989 and regulation 22 of the Marine Works (Environmental Impact Assessment) Regulations 2007 authorising the construction of four offshore wind farms.
Appeal to the Supreme Court against a decision of the Inner House in relation to a challenge to the lawfulness of Part 4 of the Children and Young People (Scotland) Act 2014, which proposes to appoint a named-person to every child Scotland with powers and duties to share information about that child.
Judicial review by a prisoner seeking declarator that the alleged failure by the Scottish Prison Service to provide him with rehabilitation courses was in breach of his human rights under Articles 5 and 14 of the European Convention on Human Rights.
Appeal under section 76 of the Charities and Trustee Investment (Scotland) Act 2005 against a decision by the Office of the Scottish Charity Regulator (“OSCR”) to issue a direction requiring the Appellant, a religious charity, to take certain steps deemed necessary for it to meet the “charity test”. OSCR considered that by having a published preference for married couples over unmarried persons, although being open to all, the Appellant was discriminating unlawfully on the basis of sexual orientation and consequently operating in breach of the Equality Act 2010.
Reclaiming motion against the decision of the Lord Ordinary to uphold a decision of a Local Review Body of the Scottish Borders Council to grant planning permission for the erection of two wind turbines.
Application to intervene under RCS 58.8A.
Appeal to the Supreme Court against a decision of the Inner House in relation to a challenge to the lawfulness of Part 4 of the Children and Young People (Scotland) Act 2014, which proposes to appoint a named-person to every child Scotland with powers and duties to share information about that child.
Challenge to the lawfulness of Part 4 of the Children and Young People (Scotland) Act 2014, which proposes to appoint a named-person to every child Scotland with powers and duties to share information about that child.
Judicial review by a prisoner seeking declarator that the alleged failure by the Scottish Prison Service to provide him with rehabilitation courses was in breach of his human rights under Articles 5 and 14 of the European Convention on Human Rights.
Public inquiry under section 28 of the Inquiries Act 2005 into the abuse of children in care in Scotland.
Public inquiry under section 28 of the Inquiries Act 2005 examining the events surrounding the death of Sheku Bayoh, the subsequent investigation and whether race was a factor.
Public Inquiry under section 28 of the Inquiries Act 2005 into the circumstances surrounding the infection of NHS patients in Scotland with Hepatitis C and HIV through their treatment with blood and blood products.
Fatal Accident Inquiry into the death of a man in police custody following earlier hospitalisation for methadone overdose.
Fatal accident inquiry into the circumstances of the death of an elderly man where bedsores had been noted as a cause of death.
Contact our clerks
Normal business hours are 9am to 5pm, Monday to Friday.
ampersandclerks@advocates.org.uk
+44 (0)131 260 5674 (9am to 5pm)
Festive opening hours and arrangements for 2024/2025
Ampersand Advocates wish everyone a Merry Christmas and Happy New Year.
The stable will be closed on the following days over the festive period:
- Tuesday 24th December from 12.30pm to 9am on Monday, 30th December 2024;
- Tuesday, 31th December from 12.30pm to 9am on Friday, 3rd January 2025.
When the office is closed emails and telephones will not be monitored. During those times you can contact an advocate directly via the contact details on their own profile. Please look out for out of office auto replies if counsel are not available.
Our remote clerking cover over the festive period will be:
- 23rd and 24th December (until 12.30pm) – Alan Moffat, Jennifer Dunn and Sheena Hume;
- 30th and 31st December (until 12.30pm) – Alan Moffat and Shawn McArthur.
- 3rd January 2025 – Sheena Hume and Shawn McArthur.
Normal service resumes from Monday, 6th January 2025.
Alan Moffat
Advocates' Clerk
Sheena Hume
Deputy Advocates' Clerk
Shawn McArthur
Deputy Advocates' Clerk
Kathryn Ferguson
Deputy Advocates' Clerk
2007 LL.M in Corporate Law (University of South Africa)
2005 (Hons) B.Sc. in Psychology (University of South Africa)
2001 LL.B (University of Cape Town)
1997 M.Sc. in Zoology (University of Cape Town)
1994 B.Sc. (Hons) in Zoology (University of Cape Town)
1993 B.Sc. (University of Cape Town)
Professional Qualifications
2021 Queen’s Counsel
2009 Admitted as a member of the Faculty of Advocates
2008 Called to the Bar of England and Wales (Middle Temple)
2002 Admitted as an Advocate of the High Court of South Africa and member of the Cape Bar
Professional Appointments
2022 Appointed Counsel to the Scottish Covid-19 Inquiry
2018 Appointed as Ad hoc Advocate Depute
2015 Appointed as Standing Junior Counsel to the Scottish Government
2015 Appointed to the Equality and Human Rights Commission’s panel of counsel
Additional information
2018 – present Member of the Scottish Planning, Local Government and Environmental Law Bar Group Committee (Treasurer since 2019)
2014 – present Member of the Ampersand Stable Management Committee (Treasurer from 2014-2022)
2014 – present Advocacy Skills Trainer on the Faculty of Advocates Training Course
2007 External Examiner in Civil Procedure and in Legal Practice, University of Cape Town
2006/2007 Advocacy Skills Trainer, Cape Bar
UK Supreme Court, Court of Session (Inner and Outer House), Scottish Land Court, Sheriff Court, Lands Tribunal for Scotland, First-Tier Tribunal for Scotland Tax Chamber, Scottish Charity Appeals Panel, Fatal Accident Inquiries, Planning Appeals, Necessary Wayleave Hearings and Public Inquiries (Penrose Inquiry, Sheku Bayoh Inquiry, Scottish Child Abuse Inquiry and Scottish Covid-19 Inquiry).
- Ampersand Advocates excels in Chambers and Partners UK Bar Guide 202517 October, 2024
- Ampersand Advocates Achieves Top Rankings Across Multiple Practice Areas in Legal 500 2025 Guide2 October, 2024
- Ampersand Advocates continues Top Rankings success in 2024 Chambers and Partners UK Bar Guide19 October, 2023
- Ampersand Advocates ranked as top tier set by Legal 500 in 2024 guide4 October, 2023
- Scottish COVID-19 Inquiry Chair appoints Counsel 1 December, 2022