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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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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Laura-Anne van der Westhuizen KC

Laura-Anne van der Westhuizen KC has a civil practice with particular emphasis on commercial law, planning and environmental law and public law. She is currently ranked in five separate practice areas by Chambers UK and she was the Legal 500 Scottish Bar Junior of the Year in 2020.

Since calling to the bar in 2009 Laura-Anne has been instructed in a variety of commercial matters including company and insolvency matters, contractual disputes, shipping matters and tax appeals. She has represented both developers and planning authorities in planning matters, petitioners and respondents in a range of judicial review proceedings, and interested parties and core participants in fatal accident and public inquiries.

Laura-Anne has extensive advocacy experience. Before calling to the Scottish Bar she practised as an Advocate in South Africa and she called to the Bar of England and Wales in 2008. She has appeared in the UK Supreme Court, the Court of Session (Inner and Outer House), the Scottish Land Court, the Sheriff Court and various tribunals and inquiries.

She has been on the Equality and Human Rights Commission’s panel of counsel since 2015 and was a Standing Junior Counsel to the Scottish Government from 2015 to 2021.

In March 2022 Laura-Anne was appointed as Co-Lead Counsel to the Scottish COVID-19 Inquiry.

Selected Cases

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Susanne Tanner KC FCIArb

Susanne Tanner KC took Silk in 2016, having called to the Bar in 2000. She is an experienced court practitioner who is always thoroughly prepared and has superb attention to detail.

She has built up and maintained a quality practice spanning:

She also sits as a tribunal chair in the First-tier Tribunal Housing and Property Chamber as well as the Health and Education Chamber, holds a number of academic appointments and is the Executive Editor of Green’s Scottish Education Manual.

Susanne is also a Door Tenant at Crown Office Chambers, London.

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Aidan O’Neill KC

King’s Counsel at the Scottish Bar, Bar of England and Wales and Bar of Ireland. A wide ranging legal practice in both London and Edinburgh, with particular experience and expertise in commercial judicial review, environmental/Aarhus law and in employment/equality law. A specialist in EU law, in human rights law and in UK constitutional law. Awarded the Legal 500 UK Bar Award for Scottish Silk of the year for 2020 and EU law Silk of the year in 2015 and Scottish Legal Awards 2017, 2018 and 2019 Silk of the year.

A highly experienced pleader before the top courts. Senior counsel in almost thirty cases to date from across the UK before the UK Supreme Court/ House of Lords, as well before the Court of Justice of the European Union and the European Court of Human Rights.

Previously teaching fellow at Princeton and Edinburgh universities. Author of substantial academic articles, blog posts and legal practitioner texts.

Selected recent Cases

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