0131 260 5674 (see contact page with direct dials for our Clerks during working from home arrangements)
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Timothy Young

He really delves into the nitty gritty of the legal dispute and tackles that head on.’He’s a safe pair of hands, knows what he’s doing and gives good strategic advice.’ (Chambers 2021, Real Estate Litigation – Band 2)

He is great to work with: client-focused, responsive and quick at delivering results.’He gives clear, confident advice.’ (Chambers 2021, Commercial Dispute Resolution – Band 2)

Exceptionally intelligent with a gift for honing in on the points that matter‘ (Legal 500 (2019), Property, Construction and Agriculture)

Technically excellent in public procurement matters‘ (Legal 500 (2019), Civil Liberties, Human Rights, Public Inquiries, and Public and Administrative Law)

Clients appreciate his confident yet approachable demeanour‘ (Legal 500 (2019), Company and Insolvency)

Tim Young’s practice focuses on commercial and public law disputes. Since calling to the Bar in 2013, he has quickly developed a busy and wide-ranging practice in many areas of commercial law including commercial contract disputes (particularly construction and IT contracts), trusts, property (including agricultural and crofting matters), banking, insolvency, and intellectual property. He is regularly instructed in complex and high profile litigations in these areas, with senior counsel and alone. He routinely appears in the Court of Session, Sheriff Court, Scottish Land Court, and Lands Tribunal for Scotland. Tim is also a Standing Junior Counsel to the Scottish Government.

He has, also, developed a broad experience of judicial review and statutory appeals in public and administrative law matters. He has particular experience of 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.

Prior to calling to the Bar, Tim was a solicitor at a large commercial law firm. He graduated with a first class honours from the University of Strathclyde. He has, also, 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. In addition, Tim is a contributing editor for the Companies Law (reissue) volume of The Laws of Scotland: Stair Memorial Encyclopaedia, and is the Deputy Editor of Session Cases.

Selected cases:

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Una Doherty QC

Una Doherty QC has been ranked in the 2015, 2016, 2017, 2018, 2019 and 2021 editions of the Legal 500 UK Bar Directory for Personal Injury, Medical Negligence and Professional Negligence.

She has also been ranked for clinical negligence in the 2017, 2018, 2019, 2020, 2021 and 2022 editions of Chambers UK Bar Guide.

Una has a varied civil practice which covers a range of reparation and commercial 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 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 became a member of the Chartered Institute of Arbitrators after completing an International Arbitration Law course at the University of Aberdeen.

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 QC

Robert Howie QC 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 QC 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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Michael Stuart QC

Michael Stuart QC maintains a wide ranging and successful civil practice. He has a particular interest in cases involving asbestos exposure, multi-trauma, brain injury, neurological functional disorders and chronic pain, professional negligence (including clinical negligence) and general commercial and property disputes. He acts for pursuers, defenders, individuals and corporate clients.

Michael has significant in-court experience, whether at first instance or on appeal and he places great emphasis on the skills that underpin this aspect of his practice. “His court craft is impeccable”is how one experienced litigation solicitor described Michael’s court work. He has amassed considerable experience in leading witnesses at proof or trial and is noted for his skills in leading and cross-examining expert witnesses. Client focused, decisive and with strong communication skills, Michael leads from the front whilst ensuring that all members of the legal team have the opportunity to contribute. As an Advocate Depute between 2009 and 2012 Michael prosecuted many challenging trials, including many charges of murder, serious sexual offending and, at the time, the UK’s largest copyright violation. He maintains an interest in criminal prosecution work, prosecuting as an ad hoc Advocate Depute. Michael acts as Commissioner, whether under section 1 of the Administration of Justice (Scotland) Act 1972 (Dawn Raids), or at commissions to take evidence or for the productions of documents.

Michael holds office as a Court Reporter in respect of child matters. He is a qualified mediator and registered with the Faculty of Advocates Dispute Resolution Service. He was a Standing Junior Counsel to the Scottish Government. He represents the Faculty of Advocates as a member of the Professional Standards and Civil Procedure Committees.

Before retraining to call to the Bar Michael was a director and shareholder of one of Europe’s most successful independent bicycle retailers where he was instrumental in the development and growth of the company’s service related business from its inception to market leader.

Michael is noted for his “strong advocacy skills”, his “go-get” attitude and his “great client handling skills”.

 

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Lauren Sutherland QC

Lauren Sutherland QC 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 QC 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 (Band 1) for Clinical Negligence. She has consistently been ranked band 1 for Clinical Negligence.

Chambers UK have said:

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 2021)

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“.

In the 2016 edition she is described as “Deeply knowledgeable in medical negligence matters. I don’t think you could find a more committed advocate to medical negligence cases.” “She’s a real leader in this field; the most specialised claimant clinical negligence advocate in Scotland“.

In 2017 Chambers say of her “Her knowledge of the legal and medical aspects of the cases she handles is phenomenal”  “Absolutely superb at medical negligence cases. She goes the extra mile to understand the expert knowledge.”

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).

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Graham Primrose QC

Graham Primrose QC is a highly regarded silk, consistently ranked in Chambers and Partners UK Bar Guide 2019 for Personal Injury as a “Star Individual” and in Clinical Negligence.

A wide and varied civil practice with particular emphasis on reparation and clinical and professional negligence. An Ad-hoc Advocate Depute since 2008, the appointment having been renewed in 2017. Regularly instructed by high profile organisations, including several large insurance companies, the Medical and Dental Defence Union of Scotland, the Advocate General for Scotland and the National Health Service. Particular knowledge of and expertise in, cases involving air accidents, accidents aboard ships, road traffic accidents and incidents occurring on oil and gas installations.

Instructed for the partners of the pilot and co-pilot of the Super Puma Helicopter which crashed off the Scottish coast in April 2009 with the loss of all passengers and crew. The case concluded with a high-value settlement in October 2012.

Thereafter, instructed to act on behalf of the 9 surviving passengers involved in the ditching of the CHC Scotia Super Puma helicopter off Shetland on 23rd August 2013. After a 4 day mediation, these cases concluded successfully in December 2015. Appeared against a leading English aviation silk at the mediation.

Then retained to act as Senior Counsel on behalf of 10 passengers and the 2 crew who raised claims in respect of the ditching of a Bond Offshore Helicopters aircraft, ‘G-Redw’, in the North Sea on 10th May 2012. These cases concluded with settlement being reached during mid-2016. Thereafter, successfully arguing for the award of an Additional Fee on behalf of the instructing agents before Lord Brailsford, in June 2016.

Between 2018 and 2019, acted as Senior Counsel for the defenders in a case involving allegations of negligence against the owners of a light aircraft which crashed in Tayside killing the pilot and co-pilot. The case was ultimately abandoned, a robust defence having been mounted to the claims.

In October 2014 represented the interests of Aviva Insurance in the Supreme Court in the case of Elizabeth Jackson v Robert Murray 2015 S.C. (U.K.S.C.) 105, which revisited the respective duties of care of pedestrians and motorists, and considered the applicable level of contributory negligence in a case where a pedestrian suddenly moves into the path of a vehicle which was travelling at an excessive speed. The case contains useful guidance on the application of the concepts of “causal potency” and “relative blameworthiness”, the factors which a court must examine when attempting to assess the level of contribution that the conduct of the respective parties has made to the occurrence of an accident.

Appeared on behalf of Gavin Dear, a professional golfer, in the case of McMahon v Dear 2014 Rep. L.R. 71, in which the claimant, a ball spotter at a high-level golf tournament, stepped out from behind a golf cart and was struck in the eye by a ball which had just been played by Mr Dear. As a result of his injuries, the claimant lost the sight of his eye. The claim was successfully defended.

In November 2015 he represented the Advocate General for Scotland in the case of Harris v Advocate General for Scotland 2016 SLT 572, the first Scottish case on quantum of damages in a pleural plaques case in which the pursuer sought full and final, as opposed to provisional, damages.

In January 2016 he appeared on behalf of the claimant at a 2 day debate before Lord Uist in the case of Colin Taylor v Des Quigley & Others 2017 Rep L.R. 37 in which the pursuer, who was a member of a golf club, sought to establish personal liability on the part of the individual office bearers of the club in respect of a long standing defect on the premises, which had caused him injury.

June 2016 represented the defenders in a 2 day motion in the case of Katrina Shaw and Others v Wholefoods Limited, which had been scheduled to go to Jury Trial in early July 2016, and in which the pursuers’ representatives had, shortly before the hearing, lodged a substantive minute of amendment. Successfully argued that the new amendment rendered the pleadings of doubtful relevancy and, on that basis, that the jury trial should no longer proceed and, instead, that a diet of debate should be fixed to discuss the suitability of the cause for issues. The jury trial having been discharged, successfully obtained the expenses of the amendment procedure, the discharged jury trial and the 2 day motion on behalf of his clients..

This case involved an accident in which an elderly pedestrian was killed after stepping into the space between a Land Rover and a caravan, which initially had been stationery at the side of the road, but had then moved off. The case involved various claimed breaches of the Highway Code and the Construction and Use regulations, including allegations that the mirrors fitted to the Land Rover were not legal and that the vehicle combination was unsuitable for use on the public road. The case was subsequently abandoned by the pursuers

In July 2016 instructed as one of a team of senior and junior counsel retained by the National Health Service in Scotland, to defend the claims brought by women who had received synthetic polypropylene mesh implants as treatment for the symptoms of pelvic organ prolapse and stress urinary incontinence. A total of over 500 such claims were brought against the manufacturers of the products and the NHS. Insofar as the cases were directed against the National Health Service, the allegations against the doctors involved were to the effect that they failed to properly consent the patients in respect of the risks of the operations, the risks of the use of mesh and the alternative treatments available. The cases of alleged lack of consent were based on the decision of the Supreme Court in the earlier Scottish Appeal in Montgomery v Lanarkshire Health Board 2015 UKSC 11.

Following a two-week legal debate in the Court of Session before Lord Boyd in December 2017, counsel for the NHS were successful in persuading the Court that the proper application of the Montgomery test was as they had argued, and not the much wider application contended for by the pursuers’ Senior Counsel, see A.H. v Greater Glasgow Health Board & Johnson and Johnson [2018] CSOH 57.

Counsel for the NHS also succeeded in having large parts of the pursuers’ pleadings dismissed on the grounds that they were of questionable relevancy, and in having two of the four lead cases involving the NHS held to be barred by limitation (time barred). In respect of the remaining two cases, in which time bar was also argued, Lord Boyd held that they were potentially time barred, but that a hearing on the factual evidence surrounding the claims and in particular in respect of what each of the claimants knew or ought to have known regarding the connection between their injuries and the products, would be required before the limitation plea could be dealt with.

In 2018, following success at the debate for the NHS, the pursuers abandoned all 500 of their actions against the NHS doctors, and the litigation now proceeds against the various manufacturers of the mesh products alone.

In December 2016 acted for the pursuer in the case of Parkes v Caird and the MIB, in which a former Royal Marine, who had sustained catastrophic injuries whilst working as a road marker, sought damages from an uninsured driver. The case settled with the parties agreeing to enter into a Periodical Payment Order in respect of the elements of the claim relating to future care and case management.

Acted as Senior Counsel on behalf of the widows and children of all crew members aboard the RAF Nimrod Aircraft which crashed in Kandahar, Afghanistan, whilst on active service in September 2006 after suffering an in-flight fire. A substantial settlement of damages was achieved on behalf of the clients in the summer of 2010.

On behalf of the M.D.D.U.S., between 2012 and 2017 represented the interests of a consultant orthopaedic surgeon in a series of cases raised against him by a number of former patients alleging negligent performance of back operations, including operations having been performed at the wrong level of the spine, negligent placement of metalwork and inadequate recording of surgical procedures within the medical notes. Conducted the successful settlement negotiations in respect of all claims.

Appeared on behalf of the second defenders and reclaimers, a golf club, in the Inner House Appeal in the case of Phee v Gordon 2013 SC 379, a litigation involving a claimant who lost an eye as a result of a wayward golf shot. In that case the first defender, the golfer, was blamed for the accident for failing to take reasonable care to notice the presence of the pursuer on a path situated near to the tee from which he was playing off, and also for failing to appreciate that his limited golf skills were such that he could not be confident of missing the pursuer if he teed off when he was on the path. The golf club were blamed for failing to erect signs on the path where the pursuer was struck, warning golfers not use the path until those nearby had played off.

As at February 2020, retained to act as Senior Counsel in approximately 50 high-value reparation cases before the Scottish Courts. In many of these litigations damages running well into seven figures are sought. Acting on behalf of the defenders in two cases involving fatal injuries on construction sites. He acts for claimants and defenders in a number of litigations concerning road traffic injuries in which teenage passengers have sustained catastrophic injuries. These cases involve complex claims for personal care, loss of wages, case management, transport, specialist accommodation, the costs of guardianship and personal injury trusts and, in one case, the question of the significance of a pre-existing and serious co-morbidity on life expectancy.

Extensive appearance in cases involving maritime accidents, injuries aboard offshore oil installation and accidents in the North Sea diving industry.

Extensive experience and expertise in aviation cases involving light aircraft and helicopters.

Recently successfully defended the lead case in a cohort of over 20 litigations brought against the operators of a touring coach by the passengers who had been injured when the coach had overturned in high winds, see: Allen Woodhouse v Lochs and Glens Transport [2019] CSOH 105, a decision of Lord Glennie.

Most recent High Court Trial Prosecuted – Glasgow High Court January 2018 Attempted Murder – Conviction secured before Lord Armstrong and a jury.

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