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

 He’s very hard-working, very clever, a good communicator and works well with the team.” (Chambers 2022, Real Estate Litigation – Band 2)

He has broad-based expertise in commercial litigation and is a tenacious court operator.” (Chambers 2022, Commercial Dispute Resolution – Band 2)

Timothy is very thorough and hard-working. He has very good attention to detail and meticulous preparation.” (Chambers 2022, Company – Scotland, Band 1)

Very strong on case analysis, he is excellent at assimilating detail and has a great ability to get the essence of a case down on paper in pleadings and written submissions.” (Legal 500 2021, Commercial Disputes – Band 2) 

Tim Young is a leading junior counsel with particular emphasis on commercial and public law disputes.

He has acted in many of the largest commercial disputes of recent years and has a wide range of experience in commercial contract disputes (particularly construction and IT contracts), trusts, property (including agricultural and crofting matters), banking, insolvency, and intellectual property.

He also has substantial experience of judicial review and statutory appeals in the field of public and administrative law, particularly 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 is, also, 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 the 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 KC

Una Doherty KC has been ranked in the 2015, 2016, 2017, 2018, 2019, 2021 and 2023 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, 2022 and 2023 editions of Chambers UK Bar Guide.

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.

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

Chambers UK have said:

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 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“.

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).

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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