Douglas Ross KC

Scottish Ministers, Petitioners 2024 SC 173
Appeared with Lord Advocate in challenge by Scottish Ministers to lawfulness of Secretary of State’s decision under section 35 of the Scotland Act 1998 to prevent the Gender Recognition Reform (Scotland) Bill being submitted for royal assent.

Fair Play for Women Ltd v Registrar General for Scotland 2022 SLT 300; 2022 SLT 31
Appeared for respondents in Outer House and Inner House in judicial review challenging the Scottish Census guidance to allow people to answer the sex question in the census on the basis of their identification as male or female regardless of what is shown on their birth certificate.

McMaster v Scottish Ministers [2017] SLT 586; 2018 SC 546
Appeared for respondents in petition for judicial review seeking, inter alia, declarator that the Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 was incompatible with the petitioners’ rights under Article 1 of Protocol 1 ECHR.

Laverie v Scottish Ministers [2017] SLT 640
Appeared for respondents in petition for judicial review challenging lawfulness of statutory instrument removing member from board of management of a college on grounds of breach of Articles 6, 11 and Article 1 of Protocol 1 ECHR.

Sutherland v Lord Advocate 2017 SLT 333
Appeared for respondent in petition for judicial review seeking partial reduction of Sheriff’s Determination following Fatal Accident Inquiry. Questions raised included meaning of “reasonable precaution” in context of a case involving clinical judgment.

R (Miller) v Secretary of State for Exiting the European Union [2017] 2 WLR 583
Appeared with Lord Advocate, intervening in appeal to Supreme Court in judicial review raising question of whether Government had power under the prerogative to give notice of UK’s intention to withdraw from the European Union or whether an Act of Parliament was required.

Fraser and Mackie v Scottish Ministers [2016] CSOH 125
Appeared for respondents in petitions for judicial review by life sentence prisoners seeking, inter alia, declarator that respondents had failed to provide them with reasonable opportunity for rehabilitation prior to expiry of punishment parts of their sentences in breach of Article 5 ECHR.

Quinn v Scottish Ministers (No. 2) [2016] CSOH 67; 2017 SLT 1036
Appeared for respondents in petition for judicial review by life sentence prisoner seeking, inter alia, declarator that respondents had failed to provide him with reasonable opportunity for rehabilitation prior to expiry of punishment part of his sentence, in breach of Article 5 ECHR.

Beattie v Scottish Ministers [2016] CSOH 57
Appeared for respondents in petition for judicial review by prisoner seeking, inter alia, declarator that respondents had failed to provide him with reasonable opportunity for rehabilitation prior to expiry of punishment part of his sentence, in breach of Article 5 ECHR.

Milton Keynes Council v Scottish Ministers 2015 SLT 843
Appeared for respondents in petition for judicial review of decision that a Scottish care home patient remained ordinarily resident in an English local authority area, nothwithstanding that she had been resident in a care home in Scotland for approximately six years.

Congregation of the Poor Sisters of Nazareth v Scottish Ministers 2015 SLT 445
Appeared for respondents in petition for judicial review seeking reduction of a decision of Scottish Ministers to appoint an advocate as chair to an inquiry into historic child abuse in Scotland on grounds of apparent bias.

Lord Advocate, Petitioner 2015 SLT 450
Appeared for petitioner in application to Court for order to ordain Secretary of State for Transport to make available the combined voice and flight data recorder of a helicopter involved in a fatal air crash.

Brown v Parole Board for Scotland [2013] CSOH 200; 2016 SC 19; [2017] UKSC 69
Appeared for second respondents in Outer House, Inner House and Supreme Court in petition for judicial review alleging breach of prisoner’s rights under Article 5 ECHR in respect of failure to provide him with access to rehabilitative courses.

Poor Sisters of Nazareth v Scottish Ministers 2015 SLT 445
Appeared for respondents in petition for judicial review challenging, on grounds of apparent bias, appointment of an advocate to chair an inquiry into historic child abuse in Scotland.

Milton Keynes Council v Scottish Ministers 2015 SLT 843
Appeared for respondents in challenge to decision of Scottish Ministers that a Scottish care home patient remained ordinarily resident in an English local authority area, notwithstanding that she had been resident in a care home in Scotland for approximately six years.

S v Scottish Ministers 2015 SLT 362
Appeared for respondents in petition for judicial review seeking declarator that continuing failure of Scottish Ministers to lay before  Scottish Parliament regulations under Mental Health (Care and Treatment) (Scotland) Act 2003 was unlawful and contrary to Article 14 ECHR.

Shahid v Scottish Ministers 2012 SLT 178; 2014 SC 490; 2016 SC (UKSC) 1
Appeared for respondents in Outer House, Inner House and Supreme Court in judicial review raising issues of alleged violations of prisoner’s human rights in respect of lengthy periods being held in segregation.

Moohan, Petitioner 2014 SLT 213; 2015 SC 1; 2015 SC (UKSC) 1
Appeared for respondent (Lord Advocate) in Outer House, Inner House and Supreme Court in judicial review challenging lawfulness of ban on prisoners voting in the referendum on Scottish independence.

McGinty v Scottish Ministers 2014 SC 81
Appeared for respondents in reclaiming motion in petition for reduction of National Planning Framework for Scotland 2 in so far as it designated a new power station and transhipment hub at Hunterston.

Duncan v Scottish Ministers 2014 SLT 531 
Appeared for respondents in petition for judicial review alleging, inter alia, breach of a prisoner’s rights under Article 5 ECHR in respect of failure to provide him with access to rehabilitative courses.

Tesco Sores Ltd v Aberdeen City Council 2013 SCLR 71; [2013] JPL 446
Appeared for Scottish Ministers in application by a supermarket operator under the Town and Town and Country Planning (Scotland) Act 1997 to quash a local development plan as ultra vires.

South Lanarkshire Council v McKenna 2013 SLT 22 
Appeared for intervener (Lord Advocate) in reference of devolution issue to Inner House.  Case concerned duty to provide reasons, proportionality and Article 8 ECHR rights in respect of repossession proceedings against tenant of short Scottish secure tenancy.

M v Scottish Ministers 2013 SLT 875
Appeared for respondents in petition for judicial review alleging, inter alia, breach of a prisoners rights under Article 5 ECHR in respect of failure to accommodate him in open conditions.

J & E v Lord Advocate 2013 SLT 347
Appeared for respondent in petitions for judicial review brought by two mothers raising issues of Convention rights in relation to decisions by local authorities to seek child protection orders immediately following the birth of their children.

Ruddy v Chief Constable and Lord Advocate 2013 SLT 119; 2013 SCLR 110
Appeared for second defender in (1) appeal to Supreme Court and (2) (following remit back to Court of Session) appeal to Inner House in case concerning scope of investigative duty under Article 3 ECHR in respect of complaints of mistreatment at the hands of the police.

L v Angus Council 2012 SLT 304 
Appeared for respondents in judicial review of age assessment of foreign national arriving as a stowaway in Scotland. Issues raised included consideration of extent to which the supervisory jurisdiction of the Court of Session allows merits review of administrative fact finding.

Somerville & Others v Scottish Ministers 2008 SC (HL) 45;  2007 SC 140 
Appeared for Scottish Ministers in Outer House, Inner House and House of Lords in case raising issues of human rights, prisoners’ rights, public interest immunity and the relationship between the Human Rights Act 1998 and the Scotland Act 1998.

M Petitioner 2003 SC 52 
Appeared for respondents in judicial review raising issue of alleged breach of human rights arising out of the administration of medication without the consent of patients detained in psychiatric hospitals.

Whitehouse v Chief Constable and Lord Advocate 2020 SCLR 27; 2020 SC 13
Appeared for second defender in case challenging Lord Advocate’s absolute immunity from civil suit in respect of prosecution on indictment and raising issue of relevance of Article 8 to case of alleged malicious prosecution.

Brown v Parole Board for Scotland 2016 SC 19 , 2018 SC (UKSC) 49
Appeared for second respondents in Outer House, Inner House and Supreme Court in petition for judicial review alleging breach of prisoner’s rights under Article 5 ECHR in respect of failure to provide him with access to rehabilitative courses.

McMaster v Scottish Ministers [2017] CSOH 46; 2018 SC 546
Appeared for respondents in petition for judicial review seeking, inter alia, declarator that the Agricultural Holdings (Scotland) Act 2003 Remedial Order 2014 was incompatible with the petitioners’ rights under Article 1 of Protocol 1 ECHR.

Laverie v Scottish Ministers [2017] CSOH 45
Appeared for respondents in petition for judicial review challenging lawfulness of statutory instrument removing member from board of management of a college on grounds of breach of Articles 6, 11 and Article 1 of Protocol 1 ECHR.

Fraser and Mackie v Scottish Ministers [2016] CSOH 125
Appeared for respondents in petitions for judicial review by life sentence prisoners seeking, inter alia, declarator that respondents had failed to provide them with reasonable opportunity for rehabilitation prior to expiry of punishment parts of their sentences in breach of Article 5 ECHR.

Quinn v Scottish Ministers (No. 2) [2016] CSOH 67
Appeared for respondents in petition for judicial review by life sentence prisoner seeking, inter alia, declarator that respondents had failed to provide him with reasonable opportunity for rehabilitation prior to expiry of punishment part of his sentence, in breach of Article 5 ECHR.

Beattie v Scottish Ministers [2016] CSOH 57
Appeared for respondents in petition for judicial review by OLR prisoner with seeking, inter alia, declarator that respondents had failed to provide him with reasonable opportunity for rehabilitation prior to expiry of punishment part of his sentence, in breach of Article 5 ECHR.

Lord Advocate, Petitioner 2015 SLT 450
Appeared for petitioner in application to Court for order to ordain Secretary of State for Transport to make available the combined voice and flight data recorder of a helicopter involved in a fatal air crash.

Brown v Parole Board for Scotland [2013] CSOH 200; 2016 SC 19 
Appeared for second respondents in Outer House and Inner House in petition for judicial review alleging breach of a prisoner’s rights under Article 5 ECHR in respect of failure to provide him with access to rehabilitative courses.  (Appeal to Supreme Court set down for June 2017.)

S v Scottish Ministers 2015 SLT 362
Appeared for respondents in petition for judicial review seeking declarator that continuing failure of Scottish Ministers to lay before  Scottish Parliament regulations under Mental Health (Care and Treatment) (Scotland) Act 2003 was unlawful and contrary to Article 14 ECHR.

Shahid v Scottish Ministers 2012 SLT 178; 2014 SC 490; 2016 SC (UKSC) 1
Appeared for respondents in Outer House, Inner House and Supreme Court in judicial review raising issues of alleged violations of prisoner’s human rights in respect of lengthy periods being held in segregation.

Moohan, Petitioner 2014 SLT 213; 2015 SC 1; 2015 SC (UKSC) 1
Appeared for respondent (Lord Advocate) in Outer House, Inner House and Supreme Court in judicial review challenging lawfulness of blanket ban on prisoners voting in referendum on Scottish independence.

Duncan v Scottish Ministers 2014 SLT 531 
Appeared for respondents in petition for judicial review alleging, inter alia, breach of a prisoner’s rights under Article 5 ECHR in respect of failure to provide him with access to rehabilitative courses.

South Lanarkshire Council v McKenna 2013 SLT 22
Appeared for intervener (Lord Advocate) in reference of devolution issue to Inner House.  Case concerned duty to provide reasons, proportionality and Article 8 ECHR rights in respect of repossession proceedings against tenant of short Scottish secure tenancy.

M v Scottish Ministers 2013 SLT 875
Appeared for respondents in petition for judicial review alleging, inter alia, breach of a prisoners rights under Article 5 ECHR in respect of failure to accommodate him in open conditions.

Ruddy v Chief Constable and Lord Advocate 2013 SLT 119; 2013 SCLR 110
Appeared for second defender in (1) appeal to Supreme Court and (2) (following remit back to Court of Session) appeal to Inner House in case concerning scope of investigative duty under Article 3 ECHR in respect of complaints of mistreatment at the hands of the police.

J & E v Lord Advocate 2013 SLT 347
Appeared for respondent in petitions for judicial review brought by two mothers raising issues of Convention rights in relation to decisions by local authorities to seek child protection orders immediately following the birth of their children.

Somerville & Others v Scottish Ministers 2008 SC (HL) 45; 2007 SC 140 
Appeared for Scottish Ministers in Outer House, Inner House and House of Lords in case raising issues of human rights, prisoners’ rights, public interest immunity and the relationship between the Human Rights Act 1998 and the Scotland Act 1998.

M Petitioner 2003 SC 52 (Lord Eassie)
Appeared for respondents in judicial review raising issue of alleged breach of human rights arising out of the administration of medication without the consent of patients detained in psychiatric hospitals.

Moohan & Gillon v United Kingdom
Represented UK Government in application to European Court of Human Rights in cases arising out of blanket ban on prisoners voting in the referendum on Scottish independence.  Judgment is awaited.

R (Miller) v Secretary of State for Exiting the European Union [2017] 2 WLR 583
Appeared with Lord Advocate, intervening in appeal to Supreme Court in judicial review raising question of whether Government had power under the prerogative to give notice of UK’s intention to withdraw from the European Union or whether an Act of Parliament was required.

Lord Advocate, Petitioner 2015 SLT 450
Appeared for petitioner in application to Court for order to ordain Secretary of State for Transport to make available the combined voice and flight data recorder of a helicopter involved in a fatal air crash. Case involved interpretation and application of EU Regulations relating to investigation of air accidents.

McGinty v Scottish Ministers 2014 SC 81
Appeared for respondents in reclaiming motion in petition for reduction of the National Planning Framework for Scotland 2 in so far as it designated a new power station and transhipment hub at Hunterston.

Moohan, Petitioner 2014 SLT 213; 2015 SC 1; 2015 SC (UKSC) 1
Appeared for respondent (Lord Advocate) in Outer House, Inner House and Supreme Court in judicial review challenging lawfulness of blanket ban on prisoners voting in referendum on Scottish independence on grounds, inter alia, of alleged breach of EU law.

R (Miller) v Secretary of State for Exiting the European Union [2017] 2 WLR 583
Appeared with Lord Advocate, intervening in appeal to Supreme Court in judicial review raising question of whether Government had power under the prerogative to give notice of UK’s intention to withdraw from the European Union or whether an Act of Parliament was required.

Moohan, Petitioner 2014 SLT 213; 2015 SC 1; 2015 SC (UKSC) 1
Appeared for respondent (Lord Advocate) in Outer House, Inner House and Supreme Court in judicial review challenging lawfulness of blanket ban on prisoners voting in referendum on Scottish independence.

Somerville & Others v Scottish Ministers 2008 SC (HL) 45;  2007 SC 140 
Appeared for Scottish Ministers in Outer House, Inner House and House of Lords in case raising issues of human rights, prisoners’ rights, public interest immunity and the relationship between the Human Rights Act 1998 and the Scotland Act 1998.

Milton Keynes Council v Scottish Ministers 2015 SLT 843
Appeared for respondents in challenge to decision of Scottish Ministers that a Scottish care home patient remained ordinarily resident in an English local authority area, notwithstanding that she had been resident in a care home in Scotland for approximately six years.

South Lanarkshire Council v McKenna 2013 SLT 22 
Appeared for intervener (Lord Advocate) in reference of devolution issue to Inner House.  Case concerned duty to provide reasons, proportionality and Article 8 ECHR rights in respect of repossession proceedings against tenant of short Scottish secure tenancy.

L v Angus Council 2012 SLT 304 
Appeared for respondents in judicial review of age assessment of foreign national arriving as a stowaway in Scotland.  Issues raised included consideration of extent to which the supervisory jurisdiction of the Court of Session allows merits review of administrative fact finding.

S v Scottish Ministers 2015 SLT 362
Appeared for respondents in petition for judicial review seeking declarator that continuing failure of Scottish Ministers to draft and lay before  Scottish Parliament regulations under Mental Health (Care and Treatment) (Scotland) Act 2003 was unlawful and contrary to Article 14 ECHR.

M Petitioner 2003 SC 52 
Appeared for respondents in judicial review raising issue of alleged breach of human rights arising out of the administration of medication without the consent of patients detained in psychiatric hospitals.

Holdich v Lothian Health Board 2014 SLT 495 
Appeared for defenders in action seeking damages for psychiatric injury arising from alleged damage to frozen sperm samples.  Issues included status of human gametes as property, legal basis upon which fertility treatment and related services are provided, right to recover damages for psychiatric injury arising from damage to property and scope of recovery of damages for loss of autonomy.

Gerrard v Royal Infirmary of Edinburgh NHS Trust 2005 SC 192 
Appeared for defenders in Outer House and Inner House in medical negligence action in respect of death following delivery of second twin.

Kaizer v Scottish Ministers [2017] CSOH 110; 2018 SC 491
Appeared for defenders in claim for damages by prisoner for injuries sustained when another prisoner attempted to murder him in the prison gym.

Smith v Scottish Ministers 2015 GWD 17-292
Appeared for defenders in action of damages raised by prison custody officer in respect of injuries sustained in training exercise taking the form of a simulated riot.

Holdich v Lothian Health Board 2014 SLT 495 
Appeared for defenders in action seeking damages for psychiatric injury arising from alleged damage to frozen sperm samples.  Issues included status of human gametes as property, legal basis upon which fertility treatment and related services are provided, right to recover damages for psychiatric injury arising from damage to property and scope of recovery of damages for loss of autonomy.

Inquiry into the death of David Cameron (Sheriff Ruxton, 17 April 2015)

Inquiry into the death of Caroline McCall (Sheriff Scullion, March 2014)

Inquiry into the deaths of Ross Drummond and Anthony Roberton (Sheriff Platt, 2014)

Inquiry into the death of William Millen (Sheriff Johnston, 15 November 2013)

Inquiry into the death of John Willock (Sheriff Pettigrew, 7 October 2013)

Inquiry into the death of Jacqueline Hughes (Sheriff Ritchie, 31 December 2012)

Inquiry into the deaths of Andrew Ritchie, Agnes Nichol and George Johnstone (Sheriff Dickson, 16 February 2012)

Inquiry into the death of Catherine Hattie (Sheriff Normand, 30 January 2012)

Inquiry into the death of Elizabeth Lowrie (Sheriff Cubie, 31 October 2011)

Inquiry into multiple deaths at Rosepark Care Home (Sheriff Principal Lockhart, 19 April 2011)

Inquiry into the death of Jessie Taylor (Sheriff McCulloch, 14 February 2011)

Inquiry into the death of Margaret Fewkes (Sheriff Wood, 9 February 2006)

J & E v Lord Advocate 2013 SLT 347
Appeared for respondent in petitions for judicial review brought by two mothers raising issues of Convention rights in relation to decisions by local authorities to seek child protection orders immediately following the birth of their children.

Moohan & Gillon v United Kingdom (First Section ECtHR, 6 July 2017)
Represented UK Government in application to European Court of Human Rights in cases arising out of blanket ban on prisoners voting in the referendum on Scottish independence.

Moohan, Petitioner 2014 SLT 213; 2015 SC 1; 2015 SC (UKSC) 1
Appeared for the respondent (Lord Advocate) in Outer House, Inner House and Supreme Court in judicial review challenging the lawfulness of the blanket ban on prisoners voting in the referendum on Scottish independence on the grounds that it was in breach of Convention rights, contrary to fundamental or constitutional rights enshrined in the common law, in breach of international obligations and contrary to EU law.

Tesco Sores Ltd v Aberdeen City Council 2013 SCLR. 71; [2013] JPL 446
Appeared for Scottish Ministers in application by a supermarket operator under the Town and Town and Country Planning (Scotland) Act 1997 to quash a local development plan as ultra vires.

Grier v Lord Advocate 2022 SLT 199
Appeared for defender in action of damages for malicious prosecution in respect of alleged wrongful detention, arrest and prosecution.

Whitehouse v Chief Constable, Police Scotland and Lord Advocate 2020 SCLR 27; 2020 SC 133
Appeared for second defender in Outer House and Inner House in action for damages for wrongful prosecution which raised issue of whether Lord Advocate was immune from suit in the event of prosecution carried out maliciously and without probable cause and whether Article 8 ECHR was engaged by a decision to prosecute.

Megrahi v HM Advocate (No. 3) 2021 SLT 73
Appeared for Crown in appeal against conviction brought by the representative of the late Mr Megrahi against conviction for the murders of 270 people following the Lockerbie bombing.

McGinty v Scottish Ministers 2014 SC 81
Appeared for respondents in reclaiming motion in petition for reduction of the National Planning Framework for Scotland 2 in so far as it designated a new power station and transhipment hub at Hunterston.

Tesco Stores Ltd v Aberdeen City Council 2013 SCLR 71; [2013] JPL 446
Appeared for Scottish Ministers in application by a supermarket operator under the Town and Town and Country Planning (Scotland) Act 1997 to quash a local development plan as ultra vires.