Brandon Malone
Brandon Malone called to the Bar in 2022 following thirty years’ experience as a commercial litigation solicitor, twenty of those years as a solicitor advocate.
Brandon is also Barrister authorised to practice in England and Wales, and has rights of audience before the DIFC Court, Dubai, UAE.
As a solicitor, Brandon specialised in construction and engineering law and international arbitration. He is a Fellow of the Chartered Institute of Arbitrators, and an eminent Fellow of the Royal Institution of Chartered Surveyors. He has wide ranging experience of construction, engineering, infrastructure and energy disputes.
Brandon has a particular interest in alternative dispute resolution. He regularly sits as an arbitrator in domestic, UK and international cases, and is recommended as a global leader in arbitration by Who’s Who Legal. He also sits as an adjudicator and expert determiner. He is a FIDIC Certified Adjudicator (dispute board member) and a mediator registered with RICS, IMI and CMC.
He has appeared in numerous substantive hearings in the Sheriff Court, the Outer and Inner House, and before a variety of tribunals.
Brandon also has significant experience of energy and technology disputes, and has dealt with a number of blockchain and cryptocurrency cases. He Chairs the ICCA – New York City Bar – CPR Institute Working Group on Cybersecurity in International Arbitration.
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Ian S. Forrester KC LLD
Ian Forrester KC is a renowned practitioner in the field of European law, specialising in competition, intellectual property, customs, antidumping, pharmaceutical regulation, football, the precautionary principle, broadcasting, computer software and due process. He was educated and trained in Scotland, Louisiana, New York and Brussels and has been a member of the bars of Scotland, New York, England and Brussels.
Mr Forrester returned to practice in Scotland in 2021. From 2015 until 2020 he sat for the UK on the bench of the General Court of the European Union hearing about 200 cases concerning competition, access to documents, trademarks, plant varieties, public procurement, employment, and other European Union questions. His mandate came to an end with Brexit.
He has been an arbitrator in proceedings under the auspices of the International Chamber of Commerce, International Centre for the Settlement of Investment Disputes, Court of Arbitration for Sport and has argued cases before courts in Scotland, England, Belgium, Serbia and France, as well as the EFTA court, the ECtHR in Strasbourg, and the EU courts in Luxembourg. He has acted for a number of important entities, including BBC, Canon, DuPont, European Commission, Fujitsu, Intel, Liberal Democrat Party, Microsoft, Scottish Football Association, Toyota, UEFA, as well as a number of indigent prisoners.
He has extensive experience in arbitration or mediation matters, either as advocate for a party, or as expert witness on European law, or as arbitrator/ mediator, from 1983 to 2014, and since his departure from the General Court of the European Union in 2021. The arbitrations have mostly been conducted under the auspices of the ICC in Paris, or the CAS in Lausanne; and once before the ICSID in Washington. The ICC cases involved disputes about investment contracts, trade secrets, hotel construction, stolen technology, and a variety of other commercial conflicts. The CAS matters involved player transfers, treatment of injured players, broadcasting rights and the conduct of elections to governing bodies.
His leading competition cases include Magill (compulsory copyright licensing); Bosman (football transfers); Microsoft (computer servers); IMS (compulsory licensing); GlaxoSmithKline (parallel trade in pharmaceuticals); Les Laboratoires Servier (settlement of patent disputes); Chalkor/Halcor (due process and judicial review).
European Court of Human Rights cases concerned forcing a citizen to speak on pain of punishment even if the answer itself reveals punishable conduct (Al Fayed and Harrods: Fayed v The United Kingdom); press sources (Hans Martin Tillack v Belgium); prisoner’s rights (Kalashnikov v Russia); fair trial and right to property (Karic and Djordjevic v Serbia). He helped to achieve the liberation of Louis Henry Burns, an indigent prisoner, on appeal to the Second Circuit Court of Appeal from a conviction based upon a coerced confession.
During his practice he has been a consistently top ranked counsel by the leading Legal Directories in the UK and European editions of the guides. In the 2023 Chambers and Partners UK Bar Guide he is Band 1 ranked in Public Law matters. Chambers say: “Ian Forrester KC’s return to private practice is a highly significant development for the Scottish Bar. Until 2020 he sat for the UK on the bench of the General Court of the European Union. To the Faculty of Advocates he brings immense experience of legal practice in a host of areas including competition and international trade law.”
Further detail about his practice, visit: ianstewartforrester.com.
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Timothy Young
‘Timothy is a very astute operator who commands the confidence of clients and solicitors alike.’ (Chambers (2024) – Commercial Dispute Resolution)
‘His intellectual prowess and ability to quickly and competently ascertain the critical considerations of a case and the best strategy moving forward is matched with a formidable style of advocacy.’ (Chambers (2024) – Construction)
‘Timothy understands issues and is good on his feet. He is popular with both solicitors and clients and robustly puts forward his clients’ positions.’ (Chambers (2024) – Company)
‘Tim’s ability to break down complex problems and legal arguments and get to the nub of the issue is second-to-none.’ (Legal 500 (2024) – Property, Planning and Construction, Band 1)
‘He is one of the best advocates at the Bar. He is very bright and very user-friendly’ (Chambers (2023) – Commercial Dispute Resolution)
‘Tim is excellent. He is regularly instructed in public law matters and his written work is exceptional.’ (Chambers (2023) – Administrative and Public Law)
Tim Young is a leading junior counsel with particular emphasis on commercial and public law disputes.
He has acted in many of the most complex and high-value commercial disputes of recent years. He has a broad expertise in commercial contract disputes (particularly construction and IT contracts), trusts, property (including agricultural and crofting matters), banking, insolvency, and shipping and maritime law. He is also a contributing editor to leading practitioner texts in these areas, the Companies Law (reissue) and Shipping and Maritime Law (reissue) volumes of The Laws of Scotland: Stair Memorial Encyclopaedia.
He also has substantial experience of judicial review and statutory appeals in the field of public and administrative law, particularly dealing with human rights challenges, malicious prosecution cases, public procurement disputes, and professional discipline matters. As well as appearing in Court, he has appeared in a wide variety of tribunals, committees, and disciplinary hearings.
Tim has also been appointed as a Standing Junior Counsel to the Scottish Government, and regularly appears in the courts for the Scottish Government.
He graduated with a first class honours from the University of Strathclyde. Throughout his career, he has maintained links with academia through tutoring Business Entities and Constitutional Law at both the University of Edinburgh and Napier University, and as an external examiner at Robert Gordon University. He is also the Deputy Editor of the official law report series in Scotland, Session Cases.
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Una Doherty KC
Una Doherty KC has been ranked in the 2015, 2016, 2017, 2018, 2019, 2021, 2023 and 2024 editions of the Legal 500 UK Bar Directory for Personal Injury and Medical Negligence.
- 2024 edition: “Una is acutely intelligent with a meticulous and analytical approach. Her negotiation skills are excellent, and her legal analysis second to none.”
- 2023 edition: “Una is incredibly calm and instils confidence She is determined and dependable, and has the ability to cut straight through the superfluous and immediately identify the issues at the heart of an action.”
- 2021 edition: “Una has an incredible eye for detail and getting into the minutiae of a case. She runs consultations, negotiations and court hearings very well, making her a go-to senior counsel.”
- 2019 edition: “Extremely reliable, quick-witted and efficient.”
- 2018 edition: “A high calibre advocate.”
- 2017 edition: “Reliable and well organised.”
- 2016 edition: “An impressive ability to assimilate a lot of technical information very quickly.”
- 2015 edition: “Great attention to detail and particular strengths in high-value medical negligence claims.”
She has also been ranked for clinical negligence in the 2017, 2018, 2019, 2020, 2021, 2022, 2023 and 2024 editions of Chambers UK Bar Guide.
- 2024 edition (Band 1 ranking): “Una is very skilled in technical cases. She is robust during consultations and also good with clients.” “Una’s great strength is the ability to deal with details of complex cases, but with a sufficient degree of passion.” “The speed with which she got on top of the detail was really impressive. She has the capacity to simplify complex legal and factual issues. She is a really good litigator who has done several trials for the office.”
- 2023 edition: “Una works with impressive detail, knowledge, diligence and insight.” “She deals with difficult situations with ease.” “Her written work is always clear and concise.” “She has a very good eye for detail.”
- 2022 edition: “She is meticulous in her preparation and attention to detail. She turns around work extremely efficiently.” “She is extremely thorough and diligent.”
- 2021 edition: “She is always extremely well prepared and is very thorough. She’s pragmatic and always puts the clients first.” “She is very meticulous, approachable and practical.”
- 2020 edition: “She is a thoughtful and diligent advocate.” “Her attention to detail is second to none. She’s also great with clients and is quick to spot issues.”
- 2019 edition, ranked as a new silk: “Very knowledgeable and very thorough.”
- 2018 edition: “She grasps legal concepts very well, is very tenacious in court, gives very clear advice and is hands-on.” “She has a very broad grasp of how things work on both the defendant and claimant side and is very effective in reaching sensible settlements.”
- 2017 edition: “Very able and efficient. She’s insightful and good at analysing cases.” “She’s always very well prepared.”
Una has also been ranked as a Leading Silk in Administrative and Public Law in the 2024 edition of the Legal 500 UK Bar Directory.
Una has a varied civil practice which covers a range of reparation disputes, although her main areas of practice are in personal injury and clinical negligence claims. She is instructed both for pursuers and for defenders and acts for clients ranging from individual litigants to insurers and public bodies. She is regularly instructed by the NHS Central Legal Office. She has extensive experience of high value personal injury claims including those involving catastrophic brain injuries. In the area of clinical negligence, she regularly acts in multi-million pound claims, including cerebral palsy cases. She is currently instructed in the UK and Scottish Covid-19 Inquiries, and the Scottish Hospitals Inquiry, representing NHS National Services Scotland. In 2023, Una was leading counsel for the respondent, and presented the oral submissions in the Supreme Court, in McCulloch and others (Appellants) v Forth Valley Health Board (Respondent) [2023] UKSC 26. During the hearing, the Court described this as the most important clinical negligence appeal in years. The Court refused the appeal.
She has been an Ad Hoc Advocate Depute since 2013, and in that role prosecutes criminal cases in the High Court.
She was a Legal Assessor to the General Teaching Council of Scotland from 2017 to 2021, advising panels on questions of law and procedure in Fitness to Teach proceedings.
In 2017, she completed an International Arbitration Law course at the University of Aberdeen, and was a member of the Chartered Institute of Arbitrators from 2017 to 2021.
Una took silk in 2018.
In 2020, Una qualified as a mediator.
In 2021, Una was appointed as a Legally Qualified Chair by the Scottish Social Services Council (SSSC). In that role Una chairs panels with social service and lay members to decide whether workers’ fitness to practise is impaired.
Recent selected cases:
Confidentiality prohibits the details of the numerous claims which have settled without recourse to the courts or in the course of proof.
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Robert Howie KC
Robert Howie KC was admitted as an advocate in 1986. He took silk in 2000. He has been involved in a large number of adjudications as Counsel, legal adviser or adjudicator. He has also acted as the Court’s reporter in several petition cases including Earl of Balfour, Petitioner 2003 SC (HL) 1 and Chisholm, Petitioner 2006 SLT 394. He regularly appears in the Inner and Outer Houses of the Court of Session. He has appeared in the Sheriff Court, the Lands Tribunal and in several Arbitrations. Robert Howie has also led in the House of Lords and the UK Supreme Court.
Robert Howie KC is ranked in the current edition of Chambers and Partners under 4 areas of practice. In Construction Law he is described as “A really great lawyer who is deserving of his great reputation and an opponent to be reckoned with… He is very good at marshalling and dealing with legal arguments.” He is also ranked in Chambers and Partners for Insolvency described as being “very commercially and tactically minded… His advice is always first-class, clear, well thought out and supported by detailed knowledge of case law.” Under Commercial Dispute Resolution “His thoroughness and knowledge are second to none… He is one of the cleverest advocates at the Scottish Bar. He’s near the top of the pile in terms of quality commercial work.” And under Professional Negligence “He has an amazing ability to come up with a left-field argument… He is very bright, very able and an inventive thinker.”
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Lauren Sutherland KC
Lauren Sutherland KC called to the bar in 1996 and took silk in 2016. Prior to calling to the Bar she was a Solicitor in private practice specialising in Personal Injury and Medical Negligence work. As a Solicitor she worked for both claimants and defending claims. Since calling to the Bar she has specialised in Clinical and Professional Negligence, Fatal Accident Inquiries, Personal Injury and Human Rights issues in Medical Law. In 2020 Lauren gained CEDR accreditation as a mediator.
Lauren runs a blog providing comment on legal cases in the area of clinical negligence and patient consent and can be viewed here.
Experience
Lauren Sutherland KC has advocacy experience gained over nearly 30 years both as a Solicitor in private practice and at the Bar. She has considerable experience in catastrophic injury cases and has a particular interest and expertise in cerebral palsy, cancer and brain injury cases. As a Solicitor she gained experience in the area of nursing practice and this continued when she called to the bar and she had responsibility to oversee the nursing section in the Vale of Leven Public Inquiry. She has also considerable experience in the area of Solicitors professional negligence.
She is currently ranked in Chambers UK and the Legal 500 for Clinical Negligence. She has consistently been ranked band 1 for Clinical Negligence.
The Directories say:
Lauren Sutherland KC is a strong silk who brings her skills to bear in the full array of clinical negligence and personal injury cases. She is adept at navigating complex causation and quantum issues and is especially knowledgeable about claims relating to cerebral palsy, brain injuries and fatal incidents. Instructing solicitors frequently praise her for her medical knowledge. (Chambers UK Bar Guide 2024)
“Lauren is very experienced and will fight hard for those she represents.”
“Lauren is my go-to senior counsel for medical negligence work. Her drive and passion for the work is immediately evident and her stamina in court is incredible to watch.”
“Lauren is a leader in the field of medical negligence and I use her on cases whenever she is available for instruction.”
Lauren brings a calm and intuitive approach whereby she can relate to clients who have suffered hardship, while maintaining a professional integrity and providing top-level advice. (Legal 500, Northern Circuit, Clinical Negligence 2024)
Lauren Sutherland QC is a strong silk who brings her skills to bear in the full array of clinical negligence and personal injury cases. She is adept at navigating complex causation and quantum issues and is especially knowledgeable about claims relating to cerebral palsy, brain injuries and fatal incidents. Instructing solicitors frequently praise her for her medical knowledge. (Chambers UK Bar Guide 2022)
“Excellent on her feet and very well prepared.” (Chambers 2021)
“She is pragmatic, great at managing expectations and very practical.” (Chambers 2021)
“She has an apparently inexhaustible energy to prepare and argue some of the most ground-breaking cases”, “A highly regarded and experienced advocate recognised for her personal injury and medical negligence experience” (Chambers 2020)
“She is absolutely superb, and she fights a client’s corner pretty fiercely… hugely knowledgeable and really applies herself“.
Lauren was junior counsel in the landmark case on Consent to medical treatment – Montgomery v Lanarkshire Health Board [2015] UKSC 11. She presented the first argument for the claimant in the Scottish Inner House and was part of the team who conducted the case in the UK Supreme Court. This case was instrumental in changing the approach to consent in the UK and has been described as one of the most significant clinical negligence cases in recent years. Lauren has published a book on Consent post Montgomery available on Amazon (see Law Brief Publishing for details).
Lauren has been involved in a number of high profile Fatal Accident Inquiries, the Nimrod litigation and is currently involved in the Product litigation involving the use of TVT and mesh in gynaecological procedures and orthopaedic product litigation.
She was appointed by the Scottish Government as junior counsel to the Vale of Leven Hospital Inquiry in October 2009. The Inquiry had a wide remit to review deaths from C difficile infection. Her involvement required extensive knowledge of care of the elderly, nursing and medical practice, and infection control in hospital.
She was invited to participate in the review panel Chaired by Professor S McLean on the issue of introduction of no fault compensation in Scotland.
Lauren was a key speaker at the Association of Breast Surgery Conference on 13th May 2019 at the SEC Glasgow where she lead the Medico-Legal case discussion on consent and practical case studies on issues of patient consent confidentiality.
In 2020 Lauren was appointed Head of Medical Negligence at PEOPIL (Pan European Organisation of Personal Injury Lawyers).
Lauren was called to the Bar of England & Wales in 2021 and joined Byrom Street Chambers in February 2022. She can accept instructions in England and Wales via her clerks at Byrom Street Chambers.
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