Ampersand Advocates welcomes 2 new members: Sarah McWhirter and Tony Convery
Ampersand is delighted to welcome Sarah McWhirter and Tony Convery to the stable, following their call to the Bar on Friday, 27th June 2025.
On the new members’ arrival, Stable Director Isla Davie KC, said: “We are delighted that Sarah and Tony are joining Ampersand. They are already highly regarded as lawyers, and this is the start of incredibly promising careers for both at the Bar. Not only does their considerable experience lend itself well to our existing practice areas, but they are also lovely people and we look forward to welcoming them into the stable.”
Ampersand’s Practice Manager, Alan Moffat added “I am delighted to welcome our newest members of Ampersand. Their addition to our set brings the membership to 61 and the experience which each of them brings is a fantastic fit for Ampersand’s core areas of practice. They will be a real asset to those looking to instruct counsel. I am sure that joining Ampersand will offer them rewarding opportunities and collaborative support”.
Sarah and Tony featured in Ampersand’s “& the Devils in the Detail” Hey Legal Live chat in May. You can watch clips of Sarah and Tony discussing their practice areas here.
Sarah McWhirter
Sarah specialises in clinical negligence and personal injury actions. She has extensive experience in complex and high-value claims. She has particular expertise in birth injury, spinal injury, amputation and fatal claims.
Prior to calling to the Bar, Sarah specialised in clinical negligence and personal injury work for over 10 years. Latterly, Sarah was Head of Clinical Negligence (Scotland) and a Principal Lawyer (partner) at a large UK-wide firm. She was ranked ‘Band 1’ in Chambers and Partners for Clinical Negligence: Mainly Claimant (2025). Sarah has experience of representing both pursuers and defenders.
As a solicitor Sarah, appeared in the All-Scotland Sheriff Personal Injury Court and regularly dealt with cases raised in the Court of Session.
During devilling, Sarah enhanced her existing experience in clinical negligence and personal injury work. She expanded her knowledge of specialist personal injury claims, including industrial disease and historical child abuse. She also gained experience in other areas of law, most notably mental health, professional regulation and public law.
Sarah is the Course Organiser for the Personal Injury elective course on the Diploma in Professional Legal Practice at the University of Edinburgh.
Tony Convery
Tony specialises in commercial litigation and public law. He calls to the Bar as the Lord Reid Scholar. That Scholarship is awarded annually to the outstanding candidate. He previously worked at a leading commercial law firm.
Tony has considerable commercial litigation experience, including in professional negligence, company and property law disputes. He also has experience of group proceedings, procurement litigation and proceedings before the Competition Appeal Tribunal.
Tony has a broad public law practice. As well as core constitutional and administrative law, Tony has experience in: (i) equality and human rights, (ii) planning and (iii) information law (including data protection and freedom of information). He has a wealth of experience in advising on legislative competence challenges.
Tony also has experience of acting in environmental, regulatory, education and media law disputes, as well as inquiries. He provides advice on trade/financial sanctions and related regulatory schemes.
Tony was a research assistant to Professor Jim Murdoch CBE in relation to the fourth edition of the leading textbook, Human Rights Law in Scotland. He has also published in his own right. He is a tutor at the University of Glasgow.
For further information about their practices view their profiles on the Ampersand Advocates website: Our People – Ampersand Advocates
To instruct either of them, please contact the Ampersand Clerking Team: ampersandclerks@advocates.org.uk.
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Jack Mackenzie FAI
Ampersand counsel Douglas Ross KC, Isla Davie KC and Shane Dundas recently represented key parties in a significant Fatal Accident Inquiry into the tragic death of Jack McKenzie at HM Prison and Young Offenders Institution Polmont. The Inquiry was heard by Sheriff Collins KC who also issued the determination in the Inquiry into the deaths of Katie Allan and William Brown in January of this year following their deaths by suicide in Polmont.
Jack McKenzie, aged 20, tragically died by suicide in his cell at Polmont in September 2021. In his determination, Sheriff Collins noted several failures, particularly around ligature anchor points within Jack’s cell. His Lordship found that a reasonable precaution, which might realistically have resulted in the death being avoided, would have been for SPS to replace or modify the toilet cubicle door within Jack’s cell so that it was not readily capable of being used as a ligature anchor point. The Inquiry also identified that the lack of audit and subsequent removal of anchor points in Jack’s cell was a defect in the system of work which contributed to his death.
Several recommendations were made in relation to the auditing and modifying of cell structures, improving suicide risk assessment protocols, particularly for prisoners who suffer from drug abuse issues, and reintroducing certain cell safety checks.
You can read the full determination by Sheriff Collins KC here.
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The ‘For Women Scotland’ judgment – An academic discussion
Ampersand’s Aidan O’Neill KC recently spoke as part of an academic discussion with the University of Cambridge on the ‘For Women Scotland’ UK Supreme Court judgment.
The online debate considered the recent Supreme Court case of ‘For Women Scotland Ltd v The Scottish Ministers’ which was handed down on 16 April 2025, featuring Aidan O’Neill KC who appeared for For Women Scotland. In the discussion Aidan reflected on his experiences of the case, the judgment and participate in a debate of the issues it raises going forward. He was followed by a response from Dr Lena Holzer.
You can view the recording on YouTube: https://lnkd.in/eNdE38zU. Aidan also provided a paper in advance which can be found here: https://lnkd.in/ev5sMHHW
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K v P [2025] SC HAM 26
Fiona Drysdale KC was successful in this civil rape case in which she acted for the pursuer. The case was before Sheriff Speir in the Sheriff Court at Hamilton. This was a single complainer rape case which had not been taken forward by the authorities so there had been no prior criminal case. This case post dates the determination by the full bench in Lord Advocate’s Reference No 1 of 2023, 2024 JC 140 and PG and JM [2024] HCJAC 43 on de recenti statements. There was a delay in disclosure of the rape by the pursuer due to a medical condition so the statements were relied on as supporting evidence of lack of consent showing a consistency of approach rather than as classic de recenti statements. There was also an admission on WhatsApp.
The case has just been published on the Scot Courts website and the decision can be viewed here: https://scotcourts.gov.uk/media/yzdhf5gl/2025scham26-k-against-p.pdf.
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Marlene Simpson & Faye Anne Campbell v Dumfries & Galloway Health Board
Ampersand’s Scott Clair acted as sole counsel for the defender and respondent health board in this appeal (having also appeared at first instance), in relation to whether a fatal claim for clinical negligence was time-barred due to the operation of the Prescription and Limitation (Scotland) Act 1973, and, in the event the claims were found to be time-barred, whether the court ought to exercise its equitable discretion to allow the pursuers and appellants to bring their claims albeit late.
The case was tragic and involved the suicide of a young man. The pursuers argued that nurses employed by the defender and respondent had negligently assessed the deceased earlier on the day that he died, which led to his death. They went on to make a formal complaint to the defender and respondent shortly after the deceased’s death and, where that was not upheld, to the Scottish Public Services Ombudsman (‘SPSO’). The SPSO did not produce its decision until more than three years following the date of the deceased’s death. The pursuers argued that, whilst they were ‘suspicious’ of negligence on the part of the nurses, the three-year limitation period did not commence until the date on which they received the SPSO decision.
The defender and respondent were successful at first instance before Sheriff Fife. He found that the pursuers’ claims were time-barred as they knew all they required to know for the three year period to commence at the time they made a formal complaint to the health board, and, that in the circumstances it was not equitable to allow them to bring their claims late. The pursuers appealed both parts of that decision and the Sheriff Appeal Court have now dismissed the appeal in its entirety.
The judgment of the Sheriff Appeal Court can be found here.
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Supreme Court hands down judgment on definition of sex under the Equality Act 2010
The Supreme Court has today handed down judgment in For Women Scotland Ltd v The Scottish Ministers allowing For Women Scotland’s appeal. It held that statutory definition of “sex” (and of “man” and “woman”) under the Equality Act 2010 (EA) is biological such that the issue of a gender recognition certificate under the Gender Recognition Act 2004 does not alter a person’s sex for the purposes of the EA. The Supreme Court considered that its interpretation would not cause disadvantage to trans people and explained the scope of the protections against direct discrimination, harassment and indirect discrimination which trans people have under the EA.
Aidan O’Neill KC acts for the Appellant, For Women Scotland, instructed by Balfour + Manson.
The Judgment can be found here.
The Court’s press summary can be found here.
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