Shane Dundas
Shane Dundas called to the Bar in 2019 having completed his traineeship with one of Scotland’s leading litigation firms.
He has experience in the areas of professional liability, commercial litigation, personal injury and industrial disease. He has appeared regularly in the Sheriff Court, having conducted several proofs and debates. During devilling, he built upon his experience in these areas, as well as gaining exposure to clinical negligence, professional regulation and public law issues.
Shane has a particular interest in professional (including clinical) liability, commercial law, information technology and media law.
He completed his LLB and Diploma in Professional Legal Practice at the University of Edinburgh, where he was President of the University of Edinburgh Mooting Society.
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Michael Way
Michael Way’s principle areas of practice are public & administrative law, commercial disputes and civil liberties/human rights.
Michael is listed as a ‘Rising Star’ in the 2021/22 Legal 500 in both Commercial Disputes and Administrative and Public Law.
“A brilliant advocate – insightful, thorough and refreshingly convincing on his feet, he is approachable and easy to work with.” – Legal 500 2021/22 ‘Administrative and Public Law’
After spending several years as a performer in the music industry, Michael trained with one of Scotland’s leading commercial law firms and undertook a six month secondment to the Scottish Government Legal Directorate. Shortly after qualifying as a solicitor Michael began devilling, during which he won the Mike Jones Excellence in Advocacy prize and was the Faculty Scholar 2018/19.
Since calling, Michael has appeared regularly in courts and tribunals throughout Scotland. In particular, he has:
- appeared for Serco defending over 150 interdict actions, including appearances in the Sheriff Appeal Court and instruction during the related Inner House reclaiming motion process;
- been instructed by petitioners in a number of successful Court of Session judicial review actions in immigration and housing matters;
- instructed by child respondents in nobile officium petitions seeking recognition of English High Court deprivation of liberty orders;
- appeared frequently for the Advocate General as a standing ‘junior junior’ in the First-tier Tribunal (Immigration and Asylum Chamber);
- been instructed in a variety of property, contractual, professional negligence, debt recovery and insolvency disputes, including success after proof in a case involving a challenge to interest to enforce real burdens;
- developed a proficiency in consumer rights issues, including claims under the Consumer Rights Act 2015 and the Consumer Protection From Unfair Trading Regulations 2008;
- assisted in a major offshore dispute in Jersey;
- undertaken criminal appeal work, with successful appearances in the High Court and Sheriff Appeal Court.
Michael has a strong academic background with degrees from Oxford, King’s College London and Edinburgh. Since 2015, Michael has tutored at the University of Edinburgh (Jurisprudence; Critical Legal Thinking) and was previously a guest lecturer in Business Law at Queen Margaret University. He was the research assistant to Lady Poole and Sheriffs McCartney and Drummond on their recent book A Practical Guide to Public Law Litigation in Scotland (2019; W.Green)
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Faculty of Advocates support for human rights National Taskforce
Plans to set up a National Taskforce for Human Rights Leadership have been applauded by the Faculty of Advocates Human Rights and Rule of Law Committee (HRRoL).
The Scottish Government says the Taskforce is to be co-chaired by Shirley Anne Somerville, Cabinet Secretary for Social Security and Older People, and Professor Alan Miller of Strathclyde University.
Its purpose will be to “ensure Scotland is a world leader in putting human rights into practice”.
Ampersand’s Euan Mackenzie QC, of HRRoL, said: “The announcement of the National Taskforce is welcome news for the future of human rights in Scotland. The creation of enforceable rights in areas such as housing, health and social security will make a real difference to people’s lives.
“Alongside the work already under way to incorporate the United Nations Convention on the Rights of the Child (UNCRC), the National Taskforce will cement Scotland’s ambition to provide human rights leadership in these challenging times.
“We look forward to engaging with others in this important work.”
Details of the Taskforce can be found here.
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Ampersand advocates appointed to EHRC panel of counsel
Ampersand welcomes the appointment of Vinit Khurana QC, Ross Anderson and Graham Maciver to the Equality and Human Rights Commission (EHRC) panel of counsel.
They join Dorothy Bain QC, Aidan O’Neill QC and Laura-Anne van Westhuizen who were re-appointed to the panel.
Members of the Commission’s panel of counsel are the preferred providers of external legal services, including representation and advice. These services support the EHRC’s advisory, influencing, regulatory and enforcement work across the equality and human rights spheres, including strategic litigation in domestic and European courts.
These appointments are for a period of 4 years.
Further information on the work of the EHRC and the full panel of counsel can be found on the EHRC website here.
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Success for Ampersand silk in Alex Salmond Judicial Review
Former First Minister Alex Salmond has won his judicial review challenging a finding that he sexually harassed two women during his time in office, after the Scottish Government conceded that it breached its own guidelines by appointing an investigating officer who had prior involvement with the complainers.
Ampersand’s Ronnie Clancy QC acting for Alex Salmond appeared at a Motion in the Court of Session today ahead of the Substantive hearing set down next week. Lord Pentland approved a settlement in which the Scottish Government accepted that its actions had been “unlawful in respect that they were procedurally unfair”, “tainted with apparent bias” and that the decision should be set aside with investigation reports struck down. Parties also agreed expenses.
Press coverage can be found here.
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Case C-621/18 Wightman and others – Decision of the European Court of Justice
The European Court of Justice ruled that the United Kingdom may, if it chooses to, unilaterally revoke its notification of intention to withdraw from the European Union.
Judicial review was brought by a cross-party group of elected politicians from constituencies in Scotland. They wanted to know whether they had the option of voting for the UK staying in the EU, if they thought that that course offered better protection for their constituents than the UK leaving the EU on the basis of the Government’s withdrawal deal.
Court of Session referred the question of EU law which they had raised to the European Court of Justice for its guidance. The UK Supreme Court rejected an appeal. Matter now comes back to the court in Scotland for its final ruling.
They have been represented at every stage in this case by Ampersand’s Aidan O’Neill QC who was instructed as leading counsel by Elaine Motion, Balfour + Manson LLP. Assisted by David Welsh, Advocate and, before the European Court of Justice in Luxembourg, also by Maya Lester QC and Professor Piet Eeckhout.
The press release from the Court of Justice of the European Union can be found here and full decision here.
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