New panel of Standing Junior Counsel to the Advocate General for Scotland announced
Following the recent appointment process, the Advocate General for Scotland has announced his new panel of Standing Junior Counsel which will deal with UK Government work arising in Scotland. He welcomes those re-appointed and those newly appointed. The appointments which have been approved by him include several Ampersand Advocates.
Graham Maciver has been appointed to the new role of Second Standing Junior.
Ross Anderson and Usman Tariq have been re-appointed along side a new appointments for Giles Reid. Mary Ellen Stewart has been appointed the junior Junior Panel.
Full details of all appointments can be found on the UK Government’s website here.
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Mary Ellen Stewart
Mary Ellen Stewart called to the Bar in 2021, after training and qualifying with Brodies LLP, and latterly working there as a senior solicitor.
As a solicitor, Mary Ellen had a busy practice dealing with a broad range of commercial disputes. Her practice had a particular focus on commercial contracts, banking and finance, insolvency and professional liability litigation. When in private practice, Mary Ellen appeared in the Sheriff Courts and instructed Counsel in Court of Session cases.
Mary Ellen has a particular interest in professional liability and regulation. She also has an interest in maritime and shipping law, and is the Advocate member of the Law Society of Scotland’s Marine Law Sub-Committee. Mary Ellen is also a part-time tutor of Contract Law and Unjustified Enrichment at Edinburgh University.
Mary Ellen was appointed to the Advocate General’s panel of Nominated Presenting Officers to the Home Office in 2021.
Mary Ellen is fluent and fully literate in Scottish Gaelic and is well placed to undertake work involving consideration of documents in Gaelic.
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Court rules that definition of Woman in the GRPB Act should include transwomen
In the Petition for Judicial Review of For Women Scotland of the definition of “Woman” contained in the Gender Representation on Public Boards (Scotland) Act 2018 ‘GRPB Act’, Lady Wise has found that the Scottish Government acted lawfully in including transwomen in the GRPB Act. For Women Scotland challenged the legality of the GRPB Act amid concerns that the Scottish Government had “redefined” the word woman, and acted beyond its competence encroaching on reserved powers over equality legislation. In a highly significant ruling Lady Wise held the Sottish Ministers had acted lawfully under a “specific power” that enabled it to take equal opportunities measures and had not breached the UK Equality Act. Lady Wise stated that GRPB Act did not offend against the fundamental principle of equality of treatment explaining that, “EU law confirms that discrimination against transwomen is sex discrimination about which member states can legislate”.
Lady Wise’s full judgment can be read here.
Aidan O’Neill QC of Ampersand represented the petitioners For Women Scotland and Dorothy Bain QC of Ampersand also represented Scottish Trans Alliance a Charity which is part of the Equality Network in their Public Interest Intervention.
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Reverend Dr William J U Philip and others for Judicial Review of the closure of places of worship in Scotland [2021] CSOH 32
Lord Braid has upheld the Court of Session challenge by representatives of several churches that the COVID-19 regulations closing all churches for congregational worship and private prayer were a disproportionate interference with the fundamental right to religious freedom and so breached the human rights of the petitioners and others as well as their constitutional rights. As such, they are beyond the legislative competence of the Scottish Government.
Ampersand’s Aidan O’Neill QC, with Axiom Advocates David Welsh, instructed by Elaine Motion of Balfour + Manson, represented Canon Tom White of St Alphonsus Church in Glasgow.
Click here to view Lord Braid’s Opinion.
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Success in challenge to COVID-19 regulations closing all churches for congregational worship and private prayer
Lord Braid has upheld the Court of Session challenge by representatives of several churches that the COVID-19 regulations closing all churches for congregational worship and private prayer were a disproportionate interference with the fundamental right to religious freedom and so breached the human rights of the petitioners and others as well as their constitutional rights. As such, they are beyond the legislative competence of the Scottish Government.
Ampersand’s Aidan O’Neill QC, with Axiom Advocates David Welsh, instructed by Elaine Motion of Balfour + Manson, represented Canon Tom White of St Alphonsus Church in Glasgow.
Click here to view Lord Braid’s Opinion
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New appointments of First Standing Junior and panel of Standing Junior Counsel to Scottish Government for Ampersand
Ampersand is delighted to announce that Paul Reid has been appointed First Standing Junior to the Scottish Government, alongside a new appointment to the Scottish Government’s panel of Standing Junior Counsel for Tim Young.
They join fellow Ampersand member Laura-Anne van der Westhuizen on the panel. The panel of counsel may be instructed on any matter falling within the Scottish Government’s remit.
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