Ampersand Advocates Ampersand Advocates
Search our people

COUNCILLOR GARY MCGARVEY v THE STANDARDS COMMISSION FOR SCOTLAND [2024] SC STI 41

Paul Reid KC successfully represented The Standards Commission for Scotland in a recent appeal arising out of an altercation that took place between the pursuer, Gary McGarvey, who is an elected Councillor for Stirling Council, and another councillor. The case involved a summary application under Section 22 of the Ethical Standards in Public Life etc (Scotland) Act 2000. The purpose of the Act is to promote ethical standards in the public through the use and imposition of codes of conduct. Another of its purposes is its adjudicatory function to assist in public hearings to decide on breaches of codes of conduct and to regulate the suitable sanctions.

The pursuer had acted in an angry aggressive manner towards another Councillor which was found to constitute a breach of Paragraph 3.1 of the Code at a hearing before the defender. This breach resulted in the Standards Commission imposing a sanction of suspension for one month. The result of imposing such a sanction is to disqualify the pursuer, for life, from being a member of an integration joint board, and from being a member of a Health Board. However, these restrictions do not apply if the sanction is imposed had been censure.

The following arguments were put forward by Paul Reid KC, instructed by Shepherd and Wedderburn LLP on behalf of the defender: it was argued that the sanction that has been imposed was reasonable and that the conduct of the pursuer had been characterised as “egregious and unacceptable.” The pursuer’s grounds of appeal fell into two categories. The first being the “censure issue”.  The pursuer argued that the Commission had failed by not first considering imposing a lower sanction, namely censure. The second issues was the “disqualification issue” which, argued the pursuer, arose from the Commission not having proper regard to the practical consequences of the sanction. Paul Reid KC moved to argue that neither ground was justified. The censure issue had been examined and disregarded as the Commission’s reasoning for imposing such sanction could not be criticised. The consequences of disqualification derived from the suspension as a matter of law which had been approved by Parliament and was backed up by legislation. There is a process in which the pursuer can apply to Scottish Ministers to invite them to reconsider at least part of his disqualification. It was, argued the defender, inappropriate for the pursuer to use this mechanism to avoid the policy choice of Parliament. The financial implications that arise from suspension and subsequent disqualification are irrelevant in determining the necessary sanctions that should be imposed.

Based on the above arguments Sheriff Principal Gillian A Wade KC decided in favour of The Standards Commission for Scotland, on the basis that it was clear the defender had properly considered all the inevitable consequences for imposing such suspensions and subsequent disqualifications, and considered a short period of suspension was a reasonable sanction in the circumstances. Sheriff Wade KC stated that there is no serious flaw in the reasoning. All the pursuer’s arguments were rejected by the Court and stated, “It cannot be said that the defender’s panel has erred in the manner suggested by pursuer and accordingly the sanction of suspension must stand.”

The full judgment can be read by clicking here.

Back

Paul Reid KC success in appeal for The Standards Commission for Scotland

Paul Reid KC successfully represented The Standards Commission for Scotland in a recent appeal arising out of an altercation that took place between the pursuer, Gary McGarvey, who is an elected Councillor for Stirling Council, and another councillor. The case involved a summary application under Section 22 of the Ethical Standards in Public Life etc (Scotland) Act 2000. The purpose of the Act is to promote ethical standards in the public through the use and imposition of codes of conduct. Another of its purposes is its adjudicatory function to assist in public hearings to decide on breaches of codes of conduct and to regulate the suitable sanctions.

The pursuer had acted in an angry aggressive manner towards another Councillor which was found to constitute a breach of Paragraph 3.1 of the Code at a hearing before the defender. This breach resulted in the Standards Commission imposing a sanction of suspension for one month. The result of imposing such a sanction is to disqualify the pursuer, for life, from being a member of an integration joint board, and from being a member of a Health Board. However, these restrictions do not apply if the sanction is imposed had been censure.

The following arguments were put forward by Paul Reid KC, instructed by Shepherd and Wedderburn LLP on behalf of the defender: it was argued that the sanction that has been imposed was reasonable and that the conduct of the pursuer had been characterised as “egregious and unacceptable.” The pursuer’s grounds of appeal fell into two categories. The first being the “censure issue”.  The pursuer argued that the Commission had failed by not first considering imposing a lower sanction, namely censure. The second issues was the “disqualification issue” which, argued the pursuer, arose from the Commission not having proper regard to the practical consequences of the sanction. Paul Reid KC moved to argue that neither ground was justified. The censure issue had been examined and disregarded as the Commission’s reasoning for imposing such sanction could not be criticised. The consequences of disqualification derived from the suspension as a matter of law which had been approved by Parliament and was backed up by legislation. There is a process in which the pursuer can apply to Scottish Ministers to invite them to reconsider at least part of his disqualification. It was, argued the defender, inappropriate for the pursuer to use this mechanism to avoid the policy choice of Parliament. The financial implications that arise from suspension and subsequent disqualification are irrelevant in determining the necessary sanctions that should be imposed.

Based on the above arguments Sheriff Principal Gillian A Wade KC decided in favour of The Standards Commission for Scotland, on the basis that it was clear the defender had properly considered all the inevitable consequences for imposing such suspensions and subsequent disqualifications, and considered a short period of suspension was a reasonable sanction in the circumstances. Sheriff Wade KC stated that there is no serious flaw in the reasoning. All the pursuer’s arguments were rejected by the Court and stated, “It cannot be said that the defender’s panel has erred in the manner suggested by pursuer and accordingly the sanction of suspension must stand.”

The full judgment can be read by clicking here.

Back

Ampersand Advocates excels in Chambers and Partners UK Bar Guide 2025

Ampersand Advocates has once again demonstrated its exceptional standing in the Scottish legal landscape, securing top-tier rankings across multiple practice areas in the newly published Chambers and Partners UK Bar Guide 2025. The stable has been recognised as a Band 1 set in Clinical Negligence, Personal Injury, Planning & Environment, and Public and Fatal Accident Inquiries, while achieving Band 2 rankings in Administrative & Public Law, Civil Liberties & Human Rights, Commercial Dispute Resolution, Construction, Professional Negligence, Real Estate Litigation, and Restructuring/Insolvency.

This performance underscores Ampersand’s breadth and depth of expertise, with the stable boasting a total of 11 set rankings and an impressive 101 individual rankings across 18 areas of practice for 41 members, which includes 6 “star individual” rankings.

Key highlights from the guide include:

In additional to these Scottish bar listings, Ampersand has members recognised in the London Bar where Julian Ghosh KC is Band 1 ranked in 3 tax areas, Aidan O’Neill KC is Band 2 listed for European Law, and Susanne Tanner KC has a spotlight listing for Independent Investigations in the All Circuits region.

The Ampersand clerks have again garnered widespread praise for their exceptional clerking services, with numerous sources highlighting the team’s efficiency, responsiveness, and proactive approach. The clerks are described as friendly, helpful, and pragmatic, offering first-class service that aligns with the commercial realities of litigation. Overall, Ampersand’s clerking team is recognised for delivering a consistently high standard of service.

These outstanding rankings reaffirm Ampersand Advocates’ position as a leading stable in Scotland, offering exceptional expertise across a wide range of practice areas. The stable’s commitment to excellence and depth of talent backed by exceptional clerking, continues to give instructing agents confidence when instructing an Ampersand advocate.

All of the Ampersand rankings can be viewed on the Chambers and Partners website here.

Back

Ampersand Advocates Welcomes Joanna Cherry KC

Ampersand Advocates is thrilled to announce the return of Joanna Cherry KC to practice at the Scottish bar. Joanna, a distinguished advocate with a remarkable career spanning law and politics, is joining Ampersand Advocates. She brings with her a wealth of experience in human rights, public law, criminal law, constitutional matters, medical-legal matters and in fatal accident inquiries.

Called to the bar in 1995 and taking silk in 2009, Ms. Cherry has established herself as a formidable presence in the legal world. Her extensive experience includes serving as a standing Junior to the Scottish Government and as an advocate depute. Prior to her political career, she built a successful appellate practice, regularly appearing before the UK Supreme Court as well as handling complex medical-legal cases and fatal accident inquiries.

Joanna served as the Member of Parliament for Edinburgh South West from 2015 to 2024. During that time, she was the front bench spokesperson for her party on justice and home affairs from 2015 to 2021. Thereafter she chaired parliament’s influential Joint Committee on Human Rights .

Her parliamentary tenure was marked by significant legal achievements, including her involvement in high-profile constitutional litigation that took her to both the European Court of Justice and the UK Supreme Court. Notably, she led the Scottish litigation that resulted in Boris Johnson’s prorogation of Parliament being ruled unlawful.

Joanna’s exceptional work has been widely recognised. She was awarded the Herald’s “Best Scot at Westminster” in 2019 and Holyrood magazine’s equivalent award in 2021. She is also an Honorary Bencher of the Middle Temple. The Legal 500 have recognised her as a leading silk in the criminal field and in personal injury, medical negligence and professional negligence where she was described as ‘Fearless in her pursuit of a satisfactory outcome for the client.’

Ampersand’s Practice Manager, Alan Moffat, expressed enthusiasm about Joanna joining the Stable: “We are delighted to welcome Joanna to Ampersand. Her expertise in human rights and public law, combined with her recent experience in high-level constitutional matters, along with her medical and FAI experience, will be an invaluable asset to our stable. Joanna’s addition reinforces our commitment to providing the highest caliber of legal representation to those instructing counsel.”

Ampersand is a leading Scottish Stable with recognised experience across Clinical Negligence and Personal Injury, Public and Planning law, and Commercial and Alternative Dispute resolution. Joanna Cherry’s inclusion in its ranks with 27 other senior counsel and 34 junior counsel further enhances Ampersand’s reputation as a leading force for those looking in instruct Scottish Counsel.

Ampersand is a tier 1 set with the leading legal directories across multiple practice areas and is the Scottish “Stable of the year” at the Legal 500 Scottish Awards 2023.

You can view Joanna Cherry KC’s profile here.

For any enquiries about instruction Counsel, please contact the Ampersand Clerking Team: ampersandclerks@advocates.org.uk.

Back

Joanna Cherry KC

Joanna Cherry KC called to the bar in 1995 and took silk in 2009. Joanna has established herself as a formidable presence in the legal world and has experience in human rights, public law, constitutional matters, criminal, medical-legal matters and in fatal accident inquiries. Her extensive experience includes serving as a standing Junior to the Scottish Government and as an advocate depute. Prior to her political career, she built a successful appellate practice, regularly appearing before the UK Supreme Court and handling complex medical-legal cases and fatal accident inquiries.

Joanna served as the Member of Parliament for Edinburgh South-West from 2015 to 2024. During that time, she was the front bench spokesperson for her party on justice and home affairs from 2015 to 2021. Thereafter she chaired parliament’s Joint Committee on Human Rights.

Her parliamentary tenure was marked by significant legal achievements, including her involvement in high-profile constitutional litigation that took her to both the European Court of Justice and the UK Supreme Court. She led the Scottish litigation that resulted in Boris Johnson’s prorogation of Parliament being ruled unlawful.

Joanna’s work has been widely recognised. She was awarded the Herald’s “Best Scot at Westminster” in 2019 and Holyrood magazine’s equivalent award in 2021. She is also an Honorary Bencher of the Middle Temple.

Prior to entering politics, the Legal 500 had recognised Joanna as a leading silk in the criminal field, and in personal injury, medical negligence and professional negligence, where she was described as “fearless in her pursuit of a satisfactory outcome for the client.”

Joanna has returned to full-time practice and is available for instruction.

Selected cases:

Back

Alexander Sutherland Returns to Full-Time Practice After Three Years as Advocate Depute

Ampersand is delighted to announce that Alexander Sutherland has returned to full-time practice at the civil bar after serving as an Advocate Depute for three years. During his time with the Crown Office, Alex prosecuted numerous cases in the High Court of Justiciary.

Alex’s return brings a wealth of experience to his practice areas, which include commercial law, public law (including judicial review and planning), and reparation. His time as an Advocate Depute saw him conduct over 30 trials in the High Court, handling cases involving murder, attempted murder, causing death by dangerous driving, possession of firearms, and rape.

Upon his return, Alan Moffat, Practice Manager said, “We are thrilled to welcome Alex back to full-time practice. His return strengthens our team and offers clients access to his unique blend of criminal and civil litigation experience. The time serving as an Advocate Depute in the Crown Office is invaluable, as he brings enhanced advocacy skills back to his civil practice.”

Alex’s expertise has been further recognised with his appointment as a Standing Junior to the Scottish Government in March 2024. He continues to serve as a reporter for Session Cases, a role he has held since May 2020.

With his fluency in German and French, Alex is particularly well-positioned to handle cases involving documents in these languages. His diverse background, including his contributions to legal publications and his experience tutoring Civil Court Practice at Edinburgh University, makes him a versatile and knowledgeable advocate.

For those seeking counsel with a proven track record in litigation and a broad range of legal expertise, Alexander Sutherland is available for instruction again.

Back