Usman Tariq KC
Usman Tariq KC has extensive experience of high-value and complex commercial disputes and public law litigation. His core areas of practice include contractual, intellectual property, insolvency, banking, company and professional negligence disputes. He also specialises in administrative and public law, including judicial reviews. He has appeared at all levels of the Scottish court system, including the UK Supreme Court.
He was recognised as Advocate of the Year at the Law Awards of Scotland 2017 and the Legal 500’s Junior Counsel of the Year at the Scottish Bar at the Legal 500 UK Awards 2019. He is ranked as a leading individual in the Chambers & Partners UK Bar Guide 2024 in seven practice areas which is the joint highest number of individual rankings for the Scottish Bar.
He has held a number of professional appointments. He is appointed as junior counsel to the UK Covid-19 Public Inquiry chaired by Baroness Heather Hallett. He is a member of the legal team investigating core political and administrative governance and decision-making in relation to the pandemic in Scotland. He was involved in high-profile public hearings in January 2024 in which key individuals involved in the pandemic response in Scotland gave evidence. He was also a Standing Junior counsel to the UK Government in Scotland and in April 2024, took on the role of Second Standing Junior to the Advocate General for Scotland. He has served as a full-time Advocate Depute at the Crown Office between 2021 and 2022.
He has been described in the Chambers & Partners UK Bar Guide as being “universally respected at the Bar, including by opponents and the judiciary” and a “very highly regarded practitioner” who has “the ear of the court”. The breadth of his expertise is recognised in his rankings in the legal directories. He is ranked in the Chambers & Partners UK Bar Guide 2024 for the following seven practice areas: (i) commercial dispute resolution; (ii) intellectual property; (iii) information technology; (iv) restructuring / insolvency; (v) professional negligence; (vi) administrative and public law; and (vii) civil liberties and human rights. He is also ranked in the Legal 500’s UK Bar Guide 2024 for commercial disputes and administrative and public law.
He acts in cases across the commercial spectrum. He is ranked in Band 1 in the Chambers & Partners UK Bar Guide and Tier 1 in the Legal 500 UK Bar Guide for commercial disputes. He is described in the Chambers & Partners Bar Guide 2024 as “an absolute standout advocate, a superb all-rounder who is great with clients” and whose “legal analysis is outstanding”. His expertise in professional negligence claims is recognised by Chambers & Partners who note that he has a “reputation for his handling of professional negligence claims, primarily against firms of solicitors”. He also undertakes a significant amount of work in the field of personal and corporate insolvency. Chambers & Partners note that “he is regularly instructed to act for administrators, liquidators and trustees, among other parties, in complex corporate and personal insolvency cases”.
He has developed a market-leading reputation for intellectual property disputes. He has been described by the Legal 500 as “The best all-round IP junior in Scotland”. Chambers & Partners has noted that he is “now regarded as the leading all-round IP junior in Scotland” and that he “continues to impress with his unrivalled knowledge of all issues of IP as well as his excellent manner with clients”. In addition to appearing in most of the leading IP cases in the Court of Session over the past decade, he has experience of conducting proceedings in the UK Intellectual Property Office. He also has a leading reputation for Information Technology disputes. He is the only junior counsel in Scotland recognised by Chambers & Partners for expertise in this practice area. Chambers & Partners note that he “garners critical acclaim in the market for his abilities in a host of cases including those involving the IP rights in games, television and related merchandise”. He has acted in high-profile cases in the gaming industry, including for Sony Interactive Entertainment and Naughty Dog in relation to the hack of servers and leak of footage from the “Last of Us Part II” video game before its release, and Rockstar Games in relation to modding of the software of the “Grand Theft Auto V” video game.
He has significant expertise in administrative and public law as well as civil liberties and human rights. He is ranked in both the Chambers & Partners and Legal 500 UK Bar directories for administrative and public law. In his role as a Standing Junior counsel to the UK Government in Scotland, he has advised and represented a number of UK government departments including the Cabinet Office, Home Office, Department of Work and Pensions, Department of Energy Security and Net Zero and the Ministry of Defence. He is described by Chambers & Partners as having a “busy public and administrative law practice, in which he acts mostly for central government”. He is also described as a “well-regarded civil liberties and human rights advocate” who is “particularly adept at judicial reviews concerning EU, human rights and immigration law”. He has significant experience of EU law, including having advised on the applicability of the sanctions regime to companies.
He has experience of alternative dispute resolution as counsel in mediations and arbitrations. He has been appointed as the arbitrator in commercial disputes. He also sits as a legal member of the Scottish Football Association’s Judicial Panel.
He is an alumnus of the U.S. Department of State’s International Visitors Leadership Program (IVLP). The IVLP is the U.S. Department of State’s premier professional exchange programme in which emerging foreign leaders in a variety of fields are invited to the U.S. to meet with professional counterparts and cultivate lasting relationships. In 2022, he spent time in Washington D.C., San Francisco, Portland and Montana meeting with various federal and state governmental bodies, NGOs and stakeholders in a human rights project on Advancing Minority Rights in Europe.
He is a member of the Royal Society of Edinburgh’s Young Academy of Scotland (YAS). YAS aims to bring together young professionals from all sectors to work together on projects that benefit Scotland and the world.
He is passionate about improving inclusion in the legal profession in Scotland. In 2017, he co-founded the Scottish Ethnic Minority Lawyers Association (SEMLA). SEMLA aims to improve ethnic diversity in the legal profession in Scotland. The group is supported by the Law Society of Scotland and the Faculty of Advocates. SEMLA has collaborated with some of the largest law firms and organisations across the UK on events and work placements for law students from ethnic minority backgrounds. In 2021, he was appointed to the Law Society of Scotland’s Racial Inclusion Group which undertook a systematic review of racial inclusion in the profession and produced a report with recommendations. In 2023, he was appointed to the Scottish Government’s Future of the Legal Profession short-life working group. The purpose of this group is to examine the evidence and propose improvements to address the challenges of recruitment and retention in the profession and to provide support for the planning, collaboration and improvement of legal services in Scotland.
He called to the Bar as the Faculty’s Lord Reid scholar for 2010/2011. This scholarship is awarded annually to the outstanding candidate to the Bar. He is a graduate of the University of Glasgow and the University of Cambridge.
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Case C-333/14 Scotch Whisky Association and others v. Scottish Ministers re minimum alcohol pricing [2017] UKSC not yet heard; [2016] CSIH 77; EU:C:2015:845; [2014] CSIH 38; [2013] CSOH 70
Compatibility of the Alcohol (Minimum Pricing) (Scotland) Act 2012 with Article 34 TFEU on the free movement of goods and/or the Common Agricultural Policy
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Stephen Bell
Stephen Bell called in 1996 after 13 years in practice as a solicitor during which he was a litigation partner in firms in Edinburgh and Aberdeen. He has a wide ranging civil practice, including family law (both financial provision and child law), commercial law and reparation. He is regularly instructed in professional negligence cases, including medical negligence. He acts for and against private individuals and corporations. He also has experience of acting for and against local authorities, particularly in adoption applications. He provides written advice on a wide variety of matters.
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Robert Howie KC
Robert Howie KC was admitted as an advocate in 1986. He took silk in 2000. He has been involved in a large number of adjudications as Counsel, legal adviser or adjudicator. He has also acted as the Court’s reporter in several petition cases including Earl of Balfour, Petitioner 2003 SC (HL) 1 and Chisholm, Petitioner 2006 SLT 394. He regularly appears in the Inner and Outer Houses of the Court of Session. He has appeared in the Sheriff Court, the Lands Tribunal and in several Arbitrations. Robert Howie has also led in the House of Lords and the UK Supreme Court.
Robert Howie KC is ranked in the current edition of Chambers and Partners under 4 areas of practice. In Construction Law he is described as “A really great lawyer who is deserving of his great reputation and an opponent to be reckoned with… He is very good at marshalling and dealing with legal arguments.” He is also ranked in Chambers and Partners for Insolvency described as being “very commercially and tactically minded… His advice is always first-class, clear, well thought out and supported by detailed knowledge of case law.” Under Commercial Dispute Resolution “His thoroughness and knowledge are second to none… He is one of the cleverest advocates at the Scottish Bar. He’s near the top of the pile in terms of quality commercial work.” And under Professional Negligence “He has an amazing ability to come up with a left-field argument… He is very bright, very able and an inventive thinker.”
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Lauren Sutherland KC
Lauren Sutherland KC called to the bar in 1996 and took silk in 2016. Prior to calling to the Bar she was a Solicitor in private practice specialising in Personal Injury and Medical Negligence work. As a Solicitor she worked for both claimants and defending claims. Since calling to the Bar she has specialised in Clinical and Professional Negligence, Fatal Accident Inquiries, Personal Injury and Human Rights issues in Medical Law. In 2020 Lauren gained CEDR accreditation as a mediator.
Lauren runs a blog providing comment on legal cases in the area of clinical negligence and patient consent and can be viewed here.
Experience
Lauren Sutherland KC has advocacy experience gained over nearly 30 years both as a Solicitor in private practice and at the Bar. She has considerable experience in catastrophic injury cases and has a particular interest and expertise in cerebral palsy, cancer and brain injury cases. As a Solicitor she gained experience in the area of nursing practice and this continued when she called to the bar and she had responsibility to oversee the nursing section in the Vale of Leven Public Inquiry. She has also considerable experience in the area of Solicitors professional negligence.
She is currently ranked in Chambers UK and the Legal 500 for Clinical Negligence. She has consistently been ranked band 1 for Clinical Negligence.
The Directories say:
Lauren Sutherland KC is a strong silk who brings her skills to bear in the full array of clinical negligence and personal injury cases. She is adept at navigating complex causation and quantum issues and is especially knowledgeable about claims relating to cerebral palsy, brain injuries and fatal incidents. Instructing solicitors frequently praise her for her medical knowledge. (Chambers UK Bar Guide 2024)
“Lauren is very experienced and will fight hard for those she represents.”
“Lauren is my go-to senior counsel for medical negligence work. Her drive and passion for the work is immediately evident and her stamina in court is incredible to watch.”
“Lauren is a leader in the field of medical negligence and I use her on cases whenever she is available for instruction.”
Lauren brings a calm and intuitive approach whereby she can relate to clients who have suffered hardship, while maintaining a professional integrity and providing top-level advice. (Legal 500, Northern Circuit, Clinical Negligence 2024)
Lauren Sutherland QC is a strong silk who brings her skills to bear in the full array of clinical negligence and personal injury cases. She is adept at navigating complex causation and quantum issues and is especially knowledgeable about claims relating to cerebral palsy, brain injuries and fatal incidents. Instructing solicitors frequently praise her for her medical knowledge. (Chambers UK Bar Guide 2022)
“Excellent on her feet and very well prepared.” (Chambers 2021)
“She is pragmatic, great at managing expectations and very practical.” (Chambers 2021)
“She has an apparently inexhaustible energy to prepare and argue some of the most ground-breaking cases”, “A highly regarded and experienced advocate recognised for her personal injury and medical negligence experience” (Chambers 2020)
“She is absolutely superb, and she fights a client’s corner pretty fiercely… hugely knowledgeable and really applies herself“.
Lauren was junior counsel in the landmark case on Consent to medical treatment – Montgomery v Lanarkshire Health Board [2015] UKSC 11. She presented the first argument for the claimant in the Scottish Inner House and was part of the team who conducted the case in the UK Supreme Court. This case was instrumental in changing the approach to consent in the UK and has been described as one of the most significant clinical negligence cases in recent years. Lauren has published a book on Consent post Montgomery available on Amazon (see Law Brief Publishing for details).
Lauren has been involved in a number of high profile Fatal Accident Inquiries, the Nimrod litigation and is currently involved in the Product litigation involving the use of TVT and mesh in gynaecological procedures and orthopaedic product litigation.
She was appointed by the Scottish Government as junior counsel to the Vale of Leven Hospital Inquiry in October 2009. The Inquiry had a wide remit to review deaths from C difficile infection. Her involvement required extensive knowledge of care of the elderly, nursing and medical practice, and infection control in hospital.
She was invited to participate in the review panel Chaired by Professor S McLean on the issue of introduction of no fault compensation in Scotland.
Lauren was a key speaker at the Association of Breast Surgery Conference on 13th May 2019 at the SEC Glasgow where she lead the Medico-Legal case discussion on consent and practical case studies on issues of patient consent confidentiality.
In 2020 Lauren was appointed Head of Medical Negligence at PEOPIL (Pan European Organisation of Personal Injury Lawyers).
Lauren was called to the Bar of England & Wales in 2021 and joined Byrom Street Chambers in February 2022. She can accept instructions in England and Wales via her clerks at Byrom Street Chambers.
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Laura-Anne van der Westhuizen KC
Laura-Anne van der Westhuizen KC has a civil practice with particular emphasis on commercial law, planning and environmental law and public law. She is currently ranked in five separate practice areas by Chambers UK and is Legal 500 Scotland Awards 2023 Silk of the Year. She was the Legal 500 Scottish Bar Junior of the Year in 2020.
Since calling to the bar in 2009 Laura-Anne has been instructed in a variety of commercial matters including company and insolvency matters, contractual disputes, shipping matters and tax appeals. She has represented both developers and planning authorities in planning matters, petitioners and respondents in a range of judicial review proceedings, and interested parties and core participants in fatal accident and public inquiries.
Laura-Anne has extensive advocacy experience. Before calling to the Scottish Bar she practised as an Advocate in South Africa and she called to the Bar of England and Wales in 2008. She has appeared in the UK Supreme Court, the Court of Session (Inner and Outer House), the Scottish Land Court, the Sheriff Court and various tribunals and inquiries.
She was on the Equality and Human Rights Commission’s panel of counsel from 2015 to 2023 and was a Standing Junior Counsel to the Scottish Government from 2015 to 2021.
In March 2022 Laura-Anne was appointed as Co-Lead Counsel to the Scottish COVID-19 Inquiry.
Selected Cases
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