Graham Maciver

Year of Call: 2007

0781 33 22 559
graham.maciver@advocates.org.uk

Photo of Graham Maciver

Second Standing Junior Counsel to the Advocate General for Scotland

Graham Maciver works primarily throughout the fields of public and administrative law, including principally judicial review, human rights and immigration law. Graham’s other areas of practice include commercial and regulatory law (directors disqualification and tax), personal injury and international law.

Graham has been a Standing Junior to the Advocate General for Scotland since 2012 and was appointed to the newly created post of Second Standing Junior to the Advocate General for Scotland in 2021, and now First Standing Junior in 2024.He has been on the Public International Law Panel to the Attorney General since 2014 and Equality and Human Rights Commission Panel of Counsel since 2019. Junior Counsel to Scottish Hospitals Inquiry since 2023.

Public and administrative law practice

Appointed Standing Junior to the Advocate General for Scotland: 2012. Appointed Second Standing Junior to the Advocate General for Scotland: 2021. Appointed First Standing Junior to the Advocate General for Scotland: 2024.

Appearances and advisory work in Inner House, Outer House and Sheriff Court. Includes the following cases in judicial review and administrative law.

IHA (Somalia) v Secretary of State for the Home Department [2017] CSIH 25; 2017 G.W.D. 11-159
Asylum; entry clearance; family reunification; Article 8 ECHR

Experience India Ltd v Secretary of State for the Home Department [2016] CSOH 161Sponsor licence; revocation; significance of guidance

Vikram Foods Glasgow Ltd v Secretary of State for the Home Department [2016] CSOH 77; 2016 S.L.T. 902
Sponsor licence; revocation; rationality

MA (Pakistan) v Secretary of State for the Home Department [2017] CSOH 12; 2017 G.W.D. 5-69
Immigration; Article 8 private life; significance of appeal period

JO (Nigeria) and OM (Nigeria) [2016] CSOH 179 and 180; 2017 G.W.D. 2-20 and 2-21
Tier 1 Entrepreneur visas; revocation; establishment of employment; rationality

DAY (Ghana) v Secretary of State for the Home Department [2017] CSIH 7; [2016] CSOH 92; [2016] CSOH 1
Revocation of work permit leave to remain; delay; genuine belief; civil procedure

SN (South Africa) v Secretary of State for the Home Department [2016] CSOH 38; 2016 G.W.D. 10-202
Article 8 private and family life; in vitro fertilization

OKM v Secretary of State for the Home Department [2015] CSOH 177; 2016 S.L.T. 280
Civil procedure; documentary bundles; preparation

GAM (Pakistan) 2015 G.W.D. 15-269 and MIK (Pakistan) 2015 G.W.D. 13-231
Leave Outside the Rules; proportionality; continuation of Article 8 relationship abroad; consideration of spouse; Inner House appeals.

Cloburn Quarry Co Ltd and others v HMRC (2014 SLT 303; 2013 SLT 843)
Taxation; aggregates levy; EU State aids; enforcement; judicial review; human rights; legitimate expectations; interim orders.

HF (Pakistan) v Secretary of State for the Home Department ([2014] CSIH 109)
Asylum; Eba; onus of proof; necessary inferences; duty to verify documents.

AR Communications & Electronics Ltd, Petitioners (2014 SLT 949)
VAT; missing trader fraud; Eba.

JYZ (China) v Home Secretary (2013 SC 371)
Inner House appeal; immigration; nationality of dependent; derivative rights of residence; reference to CJEU.

AA (Turkey) v Home Secretary (2014 G.W.D. 3-68; 2013 G.W.D. 15-321)
EU-Turkey Association Agreement; leave to remain; student in part-time employment; legal employment; reference to CJEU; Inner House appeal.

A, Petitioner (2014 G.W.D. 8-152)
Eba; Refugee or Person in Need of International Protection (Qualification) Regulations 2006; transfer to Upper Tribunal.

NYK (Germany) v Home Secretary (2013 G.W.D. 21-419)
Second appeals criteria; immigration; deportation order; criminal activity; threat to public security and public policy.

International law practice

Moohan, Petitioner [2014] UKSC 67; [2015] 2 WLR 141; 2015 SLT 2
Prisoner voting; referenda; International Covenant on Civil and Political Rights; Supreme Court.

Commercial and regulatory practice

At Court of Session, Tribunal and Sheriff Court level.

Decker v Revenue and Customs Commissioners [2016] UKFTT 805 (TC)
Income tax; tribunal procedure; strike out applications; absence; seeking of directions

Spring Salmon & Seafood Ltd v Revenue and Customs Commissioners [2016] UKUT 313 (TCC); [2016] B.T.C. 511
NIC; PAYE; Corporation tax; undertaking in course of litigation; treatment of bonus payments; subsequent assessment

Trustees of the Morrison 2002 Maintenance Trust v Revenue and Customs Commissioners [2016] UKFTT 250 (TC); [2016] S.F.T.D. 894; [2016] S.T.I. 2004
Ramsay principle; tax avoidance scheme; capital gains tax; linked transactions; exercise of options

HMRC v Hamilton & Kinneil (Archerfield) Ltd & Ors [2015] UKUT 130 (TCC)
Corporation tax; loss relief; capital contributions on winding up; Limited Liability Partnerships.

Pyreos Ltd v Revenue and Customs Commissioners [2015] UKFTT 123 (TC)
Corporation tax; relief; autonomy; venture capital; SMEs.

Ross v Revenue and Customs Commissioners [2014] UKFTT 1004 (TC)
Excise duty; best judgement assessment; biofuels.

Devine v Revenue and Customs Commissioners [2014] UKFTT 855 (TC)
Excise duty; general betting duty; non-disclosure; keeping of records

HM Secretary of State for Business, Innovation and Skills v Celino & Munro (unreported, Dumbarton Sheriff Court)
Director Disqualification; proof; Limited Liability Partnerships; non-payment of tax.
SIM Building Group Ltd v St Mary’s Roman Catholic Church (unreported, Outer House 3 July 2014)
Construction; enforcement of Adjudicator’s award; natural justice.

Specialist Insulation Ltd v Pro-Duct (Fife) Ltd (2012 S.C.L.R. 641)
Construction; enforcement of Adjudicator’s award; waiver; contract; choice of Adjudication Scheme.

RBS v Wilcox (2013 SLT (Sh Ct) 7; 2012 S.C.L.R. 479; 2012 GWD 19-378)
Banking; guarantee; Sheriff Court appeal; sist; role of Financial Ombudsman.

Trustcare Security (Scotland) Ltd v Security Industry Authority (unreported, Ayr Sheriff Court)
Security; appeal against withdrawal of approval under Approved Contractor Scheme; judicial review; proportionality; human rights.

Venture Drilling AS v Larsen Oil & Gas Ltd & ors (unreported, Court of Session)
High-value commercial; repatriation of funds from foreign jurisdiction; vessel charter; international arbitration. Junior counsel to Ronnie Clancy QC.

Unarranged overdraft bank charges litigation 2007-2012 including inter alia:

Morton v Bank of Scotland 2008 G.W.D. 32-478
Coleman -v- Clydesdale Bank on 7 December 2007 (unreported)
Clydesdale Bank plc -v- Wright, 20 February 2008 (unreported)
Longstanding series of cases concerning reclaiming of bank charges; management of litigation pending test case; appropriate court procedure.

Other significant cases (Incorporating personal injury, property, admiralty, criminal law)

Cairns v Northern Lighthouse Board 2013 S.L.T. 645; 2013 G.W.D. 8-183
Personal injury; shipping; employers’ liability; health & safety at work. Junior counsel to Simon Di Rollo QC.

Walton, petitioner 2012 GWD 24-479
Enforcement of foreign judgments; Inner House appeal; exercise of judicial discretion; error.

Gemmell v Marylebone, Warwick & Balfour Ltd & ors 2012 G.W.D. 25-512
Commercial property; Inner House appeal; procedure; absolvitor; expenses.

Nolan v First Glasgow Ltd 2009 SCLR 70
Reparation case concerning: neck and shoulder injury; quantum. Junior counsel to Simon Di Rollo QC.

Soby Vaerft AS v Moksheim Dampskipsselskap AS (Court of Session Outer House, Admiralty)

Spain v UK ECJ case C-145/04 (as agent)
European Parliamentary elections; method of enfranchisement of Gibraltar.

UK v Commission CFI case T-215/04 (as agent)
Challenge to Commission decision on Gibraltar Tax reform; State Aids.

R (Al-Rawi) v Secretary of State for Foreign Affairs [2008] QB 289
Detention; diplomatic protection; foreign nationals; discrimination.

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

Working in Office

Jennifer Dunn

Deputy Advocates' Clerk

(working days Mondays to Thursdays)

Away

Sheena Hume

Deputy Advocates' Clerk

Working Remotely

Shawn McArthur

Deputy Advocates' Clerk

Away

Kathryn Ferguson

Deputy Advocates' Clerk

Working in Office

Emma Busby

Deputy Advocates' Clerk

Away
Qualifications
  • University of Strathclyde, 1994-98; LLB (Euro) (Hons) 2:1
  • Glasgow Graduate School of Law, 1998-99; Dip LP
  • Université du Havre, 1996-97; DEUG II Droit
Memberships
  • Second Standing Junior Counsel to the Advocate General for Scotland: 2024 to present
  • Junior Counsel to Scottish Hospitals Inquiry: 2023 to present
  • Second Standing Junior Counsel to the Advocate General for Scotland: 2021 to 2024
  • Standing Junior Counsel to the Advocate General for Scotland: 2012 to 2021
  • Public International Law Panel to the Attorney General: 2014 to present
  • Equality and Human Rights Commission Panel of Counsel: 2019 to present
Court and Tribunal Experience

Graham appears in courts throughout Scotland, and occasionally elsewhere, at Court of Session, Sheriff Court and Tribunal levels.

Publications
  • National Treaty Law and Practice (UK chapter), ASIL, Brill Academic Publications
  • Court of Session Practice (Admiralty chapter), Bloomsbury Professional