Scottish Covid-19 Inquiry website goes live

The Scottish Covid-19 Inquiry website is now live. The Inquiry Chair, Lady Poole said the Inquiry will carry out a fair, open and thorough investigation to establish what lessons should be learnt from the strategic response to the pandemic.

The website has details of the Counsel Inquiry team which includes Ampersand’s Douglas Ross QC and Laura-Anne van der Westhuizen QC.

The official website can be viewed here: covid19inquiry.scot

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Determination by Sheriff Principal Duncan L Murray WS in the FAI into the death of Fearne Adger [2022] FAI 18

Ampersand’s Una Doherty QC acted for Greater Glasgow Health Board at the Fatal Accident Inquiry before Sheriff Principal Murray into the death of 8-month old Fearne Adger at Royal Alexandra Hospital, Paisley on 29 April 2017. The inquiry heard evidence over nine days. Fearne had presented to hospital with symptoms diagnosed as gastroenteritis and was only admitted on her third presentation. Several hours after her admission, she suffered a sudden cardiac event and died.

Whilst there were recognised failings in Fearne’s care, the submission on behalf of Greater Glasgow Health Board was that the cause of death was disseminated parechovirus infection which gave rise to myocarditis, which in turn gave rise to a fatal cardiac arrhythmia. There was no other contributing cause of death. This cause of death was not predictable from the clinical information and was not avoidable. Disseminated parechovirus was only identified on post-mortem. Despite contrary submissions by the Crown and the family on the basis of their expert evidence, the Sheriff Principal accepted the submission on behalf of the Board as to the cause of death. He also concluded that there were no reasonable precautions which might have avoided the death, nor were there defects in the system of working which contributed to the death, in terms of sections 26(2)(e) and 26(2)(f) of the Inquiries into Fatal Accidents and Sudden Deaths Etc (Scotland) Act 2016. He made no recommendations in terms of s26(1)(b) of the Act.

The determination can be found here.

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Jamie Dawson QC one of eleven QCs appointed to UK Covid-19 Inquiry legal team

Ampersand is pleased to hear that Jamie Dawson QC  has been appointed along with ten other Queen’s Counsel (QCs) to join the UK Covid-19 Inquiry legal team. The eleven QCs will support Hugo Keith QC, Lead Counsel to the Inquiry, and Martin Smith, Solicitor to the Inquiry, with the preparation and delivery of the Inquiry’s investigative work.

The full news item can be viewed here.

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Michael Stuart QC one of 5 new judge appointments announced

Ampersand Advocates is proud to hear the news that Michael Stuart QC is one of 5 new Senators of the College of Justice announced today. We offer our warmest congratulations to Michael along with Sheriff Lorna Drummond QC, Jonathan Lake QC, John Scott QC, Michael Stuart QC, and Andrew Young QC and wish them the very best.

Michael takes up his new appointment on 16th May 2022.

The full news item can be found here.

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New Article published “Duty of candour in clinical negligence litigation”

We are pleased to see the article co-written by Kay Springham QC and Ampersand’s Jennifer Nicholson-White is now published. The article “Duty of candour in clinical negligence litigation” is in the Reparation Bulletin (Rep. B. 2022, 165, 6-8).

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Judicial Review on Scottish census sex question refused

A judicial review Petition by Fair Play for Women Limited challenging the Scottish Census guidance to allow people to identify as male or female regardless of what is on their birth certificate has been refused at first instance and now on Appeal

Lord Sandison’s Opinion of 17th February 2022 said an answer given in “good faith and on reasonable grounds” should not be seen as false. Lady Dorrian, the Lord Justice Clerk, delivered the Inner House Opinion, published on 24th February 2022, endorsed all the reasoning of the Lord Ordinary.

News coverage from the BBC can be found here. Lord Sandison’s Opinion can be found here. The Inner House Opinion can be found here.

Ampersand’s Douglas Ross QC and Paul Reid, acted for the Scottish Government.

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