Euan G Mackenzie KC

Year of Call: 1999
Silk: 2016

0131 226 5071
euan.mackenzie@advocates.org.uk

Photo of Euan G Mackenzie KC

Fantastic; he always goes beyond what you need him to do and goes through everything with a fine-tooth comb.

Chambers and Partners

He is very able and prides himself on efficiency”, “He is a very experienced practitioner who is very good to work with. The standard of his work is excellent

Chambers and Partners

Euan Mackenzie K C is regularly instructed in cases of high value, importance and complexity in the field of medical negligence and personal injury. He has particular expertise in public law, public inquiries, planning and environmental law as well as personal injury and medical negligence. He has many years experience of preparing and conducting cases in the Court of Session and in other courts and tribunals. His clients include the Scottish Government, public sector bodies, commercial organisations, health boards, medical defence unions, local action groups and individuals. He was a standing Junior Counsel to the Scottish Government between 2006 and 2016. He was Junior Counsel to the Penrose Public Inquiry between 2009 and 2014 and second Senior Counsel to the Edinburgh Trams Public Inquiry from 2014 to 2019. He took Silk in 2016.

Public Law

Second Senior Counsel, to the Public Inquiry into the Edinburgh Trams Project chaired by the Rt. Hon. The Lord Hardie, 2014 to 2019.

Junior Counsel to the Public Inquiry chaired by the Rt. Hon. The Lord Penrose, 2009 to 2014, including responsibility for preparing and conducting part of the Inquiry’s hearing sessions and assisting in drafting the Inquiry’s Preliminary and Final Reports (with Laura Dunlop Q.C.).

The Educational Institute of Scotland v Glasgow City Council,  [2014] CSIH 13 and [2012] CSOH 120, appeared for the petitioners in the Outer House and presented the opening and final speech in the Inner House in this petition for judicial review concerning schools legislation (with RG Clancy Q.C.).

O’Neill and another v The Auditor of the Court of Session, [2010] CSOH 79, appeared for the appellant in this test case on legal aid for counsel’s fees (with RG Clancy Q.C.).

The Scottish Ministers v The Mental Health Tribunal for Scotland, 2009 SC 510, appeared as lead Counsel for the Scottish Government in this appeal against the conditional discharge of a patient subject to compulsion and restriction orders.

Gordon v The Additional Support Needs Tribunal, [2007] CSOH 45, appeared as lead Counsel for the Scottish Government in one of the first appeals to the Court of Session under the Education Additional Support for Learning legislation.

Rouf v The General Commissioners for Income Tax, [2007] CSOH 61, appeared for the Scottish Government in this case concerning the liability of the Tax Commissioners for the expenses of a tax appeal.

Yates v The Parole Board for Scotland, 2007, appeared for the Scottish Government before the Parole Board in respect of the revocation of a prisoner’s licence.

The Roman Catholic Church v North Lanarkshire Council and the Scottish Ministers, 2005, instructed by the RC Church in this judicial review of a decision concerning single campus schools (with Colin MacAulay Q.C.).

McPherson v Glasgow City Council, 2005, appeared as lead Counsel in this judicial review of a decision concerning local authority care allowance.

Gala Leisure Ltd v Glasgow Licensing Board, [2005] 15 SLLP 16, appeared for the petitioner in seeking judicial review of a decision concerning a gaming licence (with Sir Menzies Campbell Q.C.).

Tehrani v The United Kingdom Central Council for Nursing, Midwifery and Health Visiting, 2001 SC 581, appeared for the petitioner in seeking judicial review of professional disciplinary proceedings (with Aidan O’Neill Q.C.).

Planning and Environmental Law

Hallam Land Management Ltd v The Scottish Ministers, [2015] CSIH 20, instructed for the Scottish Government (with Ailsa Wilson Q.C.) in this appeal concerning housing land supply and the strategic development plan.

Miller Homes Ltd v The Scottish Ministers, [2014] CSIH 110A, instructed for the Scottish Government (with Ailsa Wilson Q.C.) in this appeal concerning housing land supply, prime agricultural land and the strategic development plan.

Eadie Cairns Ltd v Fife Council,  [2013] CSIH 109, appeared for a property developer as lead Counsel in the Inner House in this successful appeal against a local development plan.

Wild Land Map, 2013, advised an energy company on the prospects of judicially reviewing the Scottish Government’s proposed wild land policy.

Wind Farm Appeal, 2013, advised an energy company on the prospects of appealing the refusal of consent for a large wind farm development.

North Lanarkshire Council v The Scottish Ministers, [2013] CSIH 58 and [2012] CSOH 150, appeared for the Scottish Government in the Inner and Outer House in successfully defending this appeal concerning the government’s Zero Waste Policy (with Malcolm Thomson, Q.C.).

Save Seil Sound, 2012, advised a local action group on a potential challenge to a major fish farm development

Baillie v Aberdeenshire Council, 2012, acted as lead Counsel for an individual in this successful appeal against the grant of planning permission for a small scale wind energy development.

Bancon Developments Ltd v The Scottish Ministers, [2011] CSOH 137, appeared for the Scottish Government in this planning appeal being one the first appeals under the new appeals regulations (with Ruth Crawford Q.C.).

McGinty v The Scottish Ministers, [2011] CSOH 163, instructed by the Scottish Government in this judicial review of the National Planning Framework (with David Johnson Q.C.).

Cartledge v The Scottish Ministers, 2011 SC 587, appeared as lead Counsel for the Scottish Government in the Inner House in the successful defence of an appeal concerning the interpretation of a planning consent.

Cartledge v The Scottish Ministers, 2011 SC 602, appeared as lead Counsel for the Scottish Government in the successful defence of an appeal concerning an enforcement notice.

Skye Windfarm Action Group Ltd v The Highland Council, [2008] CSOH 19, acted for a local action group in advising on judicially reviewing the grant of planning permission for a large wind farm (with John Campbell Q.C.).

Learmonth v Fife Council, appeared for a housing developer as lead Counsel at a local plan inquiry (2006), a subsequent judicial review (2008) and at a further local plan inquiry (2008).

Robin Rigg Offshore Wind Farm, 2003, appeared for the Royal Yachting Association before a Private Legislation Committee of the Scottish Parliament in respect of a proposed off-shore wind farm.

Uprichard v Fife Council, 2000 SCLR, appeared for a local resident in judicially reviewing the grant of planning permission for the St Andrews Bay golf course and hotel development (with Lord Mackay of Drumadoon Q.C.).

Personal Injury

Kennedy v Cordia Services LLP, [2016] UKSC 6 appeared for the pursuer in this successful appeal to the Supreme Court which was a test case for the law of expert witnesses and employer’s liability (with Frank Burton Q.C. and Ian Mackay Q.C.).

McLaughlin v Morrison, 2013, [2014] CSOH 123 and [2013] CSOH 168, instructed for the pursuer in this multi-million pound claim following a serious brain injury in an RTA, in which summary decree and interim damages of £500,000 were awarded and a plea of ex turpi causa was rejected (with Maria Maguire Q.C.).

McDonald and others; den Heijer and others and Files v Scottish Sea Farms Ltd, 2013, instructed for the deceased’s families in multi-pursuer claims arising from a fatal accident at work (with Maria Maguire QC).

Watt v Landtrac Agriculture Engineers Ltd, 2013, instructed as lead Counsel for the deceased’s family following a fatal accident at work.

Campbell v Aberdeen City Council, 2013, instructed  for the pursuer (with Maria Maguire Q.C.) in this claim concerning the legality of an investigation by the pursuer’s employers into allegations by a third party.

Bissett v Scottish Police Service Authority, 2012, instructed as lead Counsel for a former policeman with chronic pain disorder.

Brown v North Lanarkshire Council, 2011 SLT 150, appeared for the pursuer in this case in which a school pupil suffered a serious brain injury at school (with Maria Maguire Q.C.).

Rooney v The Advocate General for Scotland, [2008] CSOH 111, appeared for the pursuer in this claim concerning neurological injury suffered by a fireman (with Andrew Smith Q.C.).

M v Hendron and others, 2007 SC 556 and 2005 SLT 1122, appeared for the defenders in the Inner and Outer House in the successful defence of this test case concerning historic child abuse (with RC Clancy Q.C.).

Reynard v Exquisite Quisine Ltd, 2006 SCLR 319, appeared for the pursuer in this action in which damages of £1m were awarded for the development of reactive arthritis following salmonella poisoning (with Maria Maguire Q.C.).

Medical Negligence

Cancer claims, have acted in numerous claims concerning the delayed diagnosis of lung, prostrate, cervical, colorectal and skin cancers.

Duffy v Ayrshire and Arran Health Board, 2017, instructed as lead Counsel for the Health Board in defending a claim arising from failure to diagnose an ophthalmic condition.

Bashir and ors v Greater Glasgow Health Board and anr, 2017, instructed as lead Counsel for a General Practitioner in defending a fatal claim arising from a delay in diagnosing colorectal cancer.

Watson v Greater Glasgow Health Board, 2016, instructed for the pursuer in this multi-million pound cerebral palsy claim involving a lump sum and Periodic Payment Order (with Maria Maguire Q.C.).

Stevenson and ors v Lothian Health Board, 2016, instructed for the family of the deceased in a claim arising from the delay in diagnosing prostrate cancer.

Gray v Jackson and ors, 2014, instructed for the pursuer in a multi-million pound claim arising from a delay in diagnosing a blood disorder (with Maria Maguire Q.C.).

Jackson and ors v Greater Glasgow Health Board, 2014, instructed on behalf of the deceased’s family in an action arising from the failure to act on radiological abnormalities and a subsequent delay in diagnosing lung cancer (with Joanna Cherry Q.C.).

F v NHS, 2014, acted for the pursuer in a claim for a hospital acquired infection.

Henderson v NHS, acted for the pursuer in a claim for damages arising from a failure to diagnose cauda equina syndrome (with Simon Di Rollo Q.C.)

F v Fife Health Board, 2013, instructed as lead Counsel for the parents of a child who died shortly after birth.

Bishop v Greater Glasgow Health Board, 2013, instructed for the pursuer in a claim arising from a total hip replacement.

De Weil v Du Puy International Ltd, 2013, instructed for the pursuer in a claim against the manufacturer of a hip prosthesis.

Clark v Lothian Health Board, 2012, acted as lead Counsel in a claim arising from sepsis and the amputation of limbs.

Foster v Lothian Health Board, 2008, acted for the deceased’s family in a claim arising from a failure to diagnose sepsis.

H v Yorkhill NHS Trust, 2008, acted for the pursuer in a claim arising from a spinal cord injury to an infant during heart surgery (with Maria Maguire Q.C.).

Peters v Fife Health Board, 2008, acted for the deceased’s family in a claim arising from the failure to diagnose a blood disorder.

McClelland v Ayrshire and Arran Health Board, 2007, acted for the pursuer in a claim arising from hospital acquired MRSA infection (with Simon Di Rollo Q.C.).

A v Lothian Health Board, 2006, acted for the pursuer in a multi million pound cerebral palsy claim (with Maria Maguire Q.C.).

Practice Areas
Clerks

Contact our clerks

Normal business hours are 9am to 5pm, Monday to Friday.

ampersandclerks@advocates.org.uk
+44 (0)131 260 5674 (9am to 5pm)

Alan Moffat

Advocates' Clerk

Away

Jennifer Dunn

Deputy Advocates' Clerk

(working days Mondays to Thursdays)

Working Remotely

Sheena Hume

Deputy Advocates' Clerk

Working in Office

Shawn McArthur

Deputy Advocates' Clerk

Working Remotely

Kathryn Ferguson

Deputy Advocates' Clerk

Working Remotely

Emma Busby

Deputy Advocates' Clerk

Working Remotely
Qualifications/Education

Diploma in Legal Practice, University of Aberdeen – 1991


LLB (Hons) First Class, University of Aberdeen -1990


Appointed Queen’s Counsel – 2016


Qualified as an Advocate – 1999


Qualified as a solicitor – 1993

Memberships

Director of Ampersand Advocates and Faculty Services Limited – 2021 to date


Queen’s Counsel – 2016


Second Senior Counsel to the Public Inquiry into the Edinburgh Trams Project chaired by the Rt. Hon. The Lord Hardie – 2014 to date


Junior Counsel to the Public Inquiry into contaminated blood chaired by the Rt. Hon. The Lord Penrose – 2009 to 2014


Standing Junior Counsel to the Scottish Government – 2006 to 2016


Member of the Faculty of Advocates’ Human Rights and Rule of Law, Free Legal Services Unit and Social Responsibility Committees

Court and Tribunal Experience

Euan Mackenzie has many years’ experience of appearing in the Inner and Outer House of the Court of Session. He has also appeared in other courts and tribunals, including the Supreme Court, Sheriff Courts, two major Public Inquiries, Fatal Accident Inquiries, Planning Inquiries, the Mental Health Tribunal for Scotland, the Parole Board for Scotland and before a Scottish Parliamentary Committee.

Publications/Articles

Former contributor to Scottish Civil Law Reports (planning cases), Scottish Planning and Environmental Law and Scottish Constitutional and Administrative Law and Practice

Recent News