Graham Maciver

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.

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James McConnell KC

James McConnell KC has a practice that mainly focusses on clinical negligence. He is also frequently instructed in inquiries with a medical element. He acts for pursuers and defenders in roughly equal proportions. He is Band 1 ranked by Chambers and Partners in Clinical Negligence and by the Legal 500 in Personal Injury and Medical Negligence.

 

Cases:

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Jamie Gardiner

Jamie Gardiner specialises in cases combining legal and financial analysis.

On the legal side, Jamie has broad experience across commercial disputes. He particularly enjoys technical points of contractual / statutory interpretation – and finding them in factually ‘messy’ cases. From 2005-2007 he practised as a Barrister in London, so is able to advise on questions of English law.

On the financial side, he likes spreadsheets, cross-examining accountants and insolvency practitioners, complex corporate structures, quantifying loss, valuing companies and interrogating financial statements.

Jamie developed these skills as a Business Consultant. From 2007 to 2015, he worked (latterly as Director) in Accenture’s Trading, Investment and Optimisation team. He led projects in the energy, financial services and beverages sectors. His clients included BP, British Airways, Diageo and a major bank.

Jamie has an interest in animal law. He sits on the Advisory Board of the Animal Law Foundation and is interested in finding ways to better enforce farm animal welfare legislation.

Selected cases:

(Where the names of parties have not appeared in published opinions, initials have been substituted)

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Marcus McKay KC

Marcus McKay KC has a specialist interest in planning and environmental law. He is regularly involved in all aspects of the consents process for major energy projects from initial advice on the requirements of the Environmental Impact Assessment Regulations (including EIA Report work), to appearances at public inquiries and judicial review hearings in the Court of Session. Marcus has appeared at a wind farm inquiry in England and has experience of national infrastructure projects. He also acts for planning authorities and has successfully resisted applications for judicial review of planning decisions.

Marcus is listed in the Legal 500 where he is described as having “significant court experience, backed by sound commercial awareness.

Marcus is a ranked Band 1 silk in Chambers and Partners UK Bar guide, where he is “Noted for his deep planning experience and widely praised for his meticulous attention to detail. His particular focus lies in energy and environment work, and he is especially experienced in renewable energy matters. He has experience advocating in inquiries and at all levels of the court system, including the Supreme Court.” The Guide goes on to say “He is a very gifted advocate and extremely diligent. He is always extremely well prepared and imaginative. He is highly intelligent and can not only grasp very complicated detail with ease but has the skill to be able to explain complex matters in straightforward terms.” “He is a very competent advocate, enthusiastic and diligent.” “He is definitely one of the best at the Bar.”

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Maria Maguire KC

Maria Maguire KC called to the Bar in March 1987. She was appointed Queen’s Counsel in February 2002. She has considerable experience in catastrophic injury cases, clinical negligence cases, fatal accident inquiries, abuse claims, cases involving psychiatric injuries and regularly acts in significant judicial review petitions for government bodies.

She has been listed in Chambers & Partners UK Bar Guide consistently at Band 1 or higher.

Previous entries for Personal Injury describe her as “Frequently noted as a formidable negotiator, she has significant experience of acting for both pursuer and defender in high-level catastrophic injury claims”; “She’s had some pretty spectacular results – she is an extremely skilful QC;  and “She’s awesome – scarily so.”; “She is one of the best advocates, if not the best, in Scotland. She is very nice and approachable with clients but in a courtroom she is just fierce.”; “She doesn’t give in easily. She is very robust and formidable on cases.”

For Clinical Negligence her previous entries note: “She is absolutely superb. She is very well prepared and is brilliant with clients.”; “She is someone who for many years has been entrusted with the most complex and difficult cases in Scotland.”;  “a first-class clinical negligence advocate who is revered for her straightforward and hard-working approach. She specialises in complex brain injury and cerebral palsy cases and clients are left impressed with her ability to ‘always take every available argument‘.” ; “has produced some fantastic results” ; Unanimously regarded as a standout advocate in this arena, Maria is constantly in high demand. Of late, she has been focused on acting for pursuers in cases of the utmost complexity and severity. Strengths: “An absolute star at clinical negligence.” “She carries a great deal of weight in the court.”

She has been described in The Legal 500 as “‘quite superb, absolutely diligent in all aspects of her work ’, and with an ‘immense’ knowledge base is able to ‘conduct fairly high-brow medical consultations with expert witnesses intelligibly and concisely without missing anything out; “A leading silk whose  experience, judgement, intellectual ability and attention to detail are second to none.”

In Chambers 2019 she is rated as a Star Individual in both Personal Injury and Clinical Negligence with the following entries:

Personal Injury

A towering figure in both personal injury and clinical negligence matters. She specialises in complex catastrophic injury claims as well as fatal accidents, abuse claims and psychiatric injuries. Her competitors agree that she is a formidable opponent in court. “ ‘At the top of her game in every respect. She deals with highly complex matters and still manages to communicate with clients so that they both understand her and have total faith in her representation.”; “ She has excellent attention to detail , is excellent on her feet and as a strategist she has no equal.”

 Clinical Negligence

“Routinely considered the leading silk in the field of Scottish clinical negligence litigation…. Her extensive advocacy experience enables her to get to the bottom of the thorniest of medical causation issues”; “Top class. She has an eye for detail and knows the law”; “Supremely able and highly skilled”; “Absolutely superb. I would pretty much let her take my appendix out. Her knowledge of medicine is second to none and she is a great tactician.”

Legal 500 entry notes her as a leading silk in both fields  and  ‘A formidable advocate who commands respect.

Maria acts on behalf of defenders, insurers, local authorities, professional bodies and individual pursuers – including those funded via legal aid, trade unions or on a speculative basis. Maria also acts for clients in Health & Safety Prosecutions.

As a member of the court user’s group dealing with court procedure she drafted the basis for the Chapter 42A procedures for catastrophic injury cases in Scotland and Practice Notes in order to improve the management of such cases. She continues to be active in monitoring and improving the procedure. She currently chairs a  sub group of the Personal Injury Committee of the Scottish Civil Justice Council developing  a Voluntary Pre Action Protocol for Clinical Negligence cases.

Selected significant reported cases

Confidentiality prohibits the details of the numerous claims which have settled without recourse to the courts or in the course of proof

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Paul Reid KC

Since calling to the Bar in 2011, Paul Reid has built a strong practice anchored around professional liability and public law. In 2020, he was appointed the First Standing Junior Counsel to the Scottish Government (having first been appointed a Standing Junior in 2015). In that capacity he has advised the Scottish Government in respect of a broad range of public law matters and represented them in numerous high profile cases of constitutional significance (e.g. the 2022 Referendum Reference to the Supreme Court). In that capacity, he has also represented the UK Government before the European Court of Human Rights in Strasbourg.  He has particular experience in respect of prison-related litigation (including several high profile Fatal Accident Inquiries following deaths in custody) and planning-related litigation (including compensation claims before the Lands Tribunal and planning appeals to the Inner House).

Paul also has particular interest and experience in professional liability and regulation (especially claims against solicitors, surveyors and medical professionals). As well as conducting litigation on behalf of professionals and professions, he has appeared before fitness to practice panels (medical profession), the Scottish FA’s judicial panel (sporting) and has represented legal professionals seeking leave to appeal decisions of the SLCC. He has appeared in a number of regulatory appeals to the Court of Session (both following substantive fitness to practice proceedings and in respect of extensions of interim orders). In that respect, he has experience represented both professionals and regulatory bodies. Paul is regularly instructed by the NHS in Scotland to advise on a wide range of matters, including clinical negligence claims, mental health issues and advice in relation to various issues of statutory and regulatory compliance, including advise in respect of medico-legal ethical issues. He was instructed by the NHS in their successful defence of the Scottish mesh litigation and acts on behalf a firm of engineers in another group litigation before the Court of Session (the Watling Street litigation). He represented the driver of the Glasgow bin lorry in the Fatal Accident Inquiry into the December 2014 disaster. He has also represented parties before the Scottish Child Abuse Inquiry and the UK Infected Blood Inquiry. Although predominantly instructed on behalf of defenders, Paul also has experience of pursing a range of claims (professional liability, commercial and property). He regularly appears before the Court of Session and other tribunals.

Paul has taught public law at the University of Edinburgh since 2004, regularly lecturing and tutoring on various aspects of the subject. He has a particular interest in judicial review, surveillance powers and electoral law. In July 2024, he was appointed an Honorary Teaching Fellow at Edinburgh Law School and he will join the Editorial Board of the leading journal, Public Law, in January 2025. Paul regularly publishes articles and blogs on public law and has written the third and fourth editions of the Green’s Concise Guide to Public Law (published in October 2015 and August 2020, respectively). He also regularly speaks at seminars on public law and professional liability.

Paul is ranked in five different areas by Chambers and Partners (2024): Administrative and Public Law, Clinical Negligence, Commercial Dispute Resolution, Product Liability and Professional Negligence.

In 2022, Paul was appointed as a part-time Sheriff and in 2023 he was appointed King’s Counsel.

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