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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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Phil Stuart

Phil Stuart has extensive experience in a wide range of areas of civil litigation. His main areas of practice are:

In clinical negligence, Phil is experienced in complex and high value cases, including those involving birth injuries, delayed diagnosis and fatal claims.

In personal injury, Phil is experienced in catastrophic injury claims, including brain injury and tetraplegia claims.

In product liability, Phil is instructed in ongoing actions in the Court of Session relating to medical devices.

In Fatal Accident Inquiries, Phil has experience of lengthy and complex inquiries concerning deaths in prison and hospital.

In professional discipline, Phil is particularly experienced in NHS work and has appeared extensively in the NHS Tribunal.

In medical regulation, Phil regularly advises on issues arising out of contracts and arrangements relating to the administration of the NHS, including in relation to general practitioners and dental practitioners.

Phil is also regularly instructed in other areas of practice, for example in cases relating to:

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Ross G. Anderson

Ross Anderson is ranked Band 1 by Chambers & Partners (2024) for Commercial Dispute Resolution and Real Estate Litigation. He is also ranked by Chambers for Restructuring and Insolvency, and Tax. He is ranked in the Legal 500 (2024) as a Band 1 Leading Junior in Commercial Disputes and in Administrative and Public Law. He is also ranked for Property and Construction.

“He is a first-rate junior counsel – a go-to advocate in commercial, property and sports disputes. He is excellent to work with.” “He is incredibly intellectually sharp, and his opinions and analysis are first rate.” (Chambers 2023)

“Ross is excellent with clients; he has a brilliant ability to appease and calm clients while also being firm, decisive and straight-talking. He is very thorough and has a fantastic sense of commerciality. He is very able on his feet and he has got an amazing ability to get to grips with vast quantities of documentation and huge amounts of detail” (Chambers, 2021, Commercial Dispute Resolution)

“he is extremely good, but he is also a very good communicator and an excellent advocate.” (Chambers, 2020, Commercial Dispute Resolution)

“Highly intelligent, great with clients and very approachable.” (Chambers, Commercial Dispute Resolution, 2020)

“Very impressive ability to translate academic skills into practical advice to clients. Good on his feet as well” (Chambers, 2019, Real Estate Litigation)

“He’s a junior with an extremely good sense of commerciality and pragmatism and has an excellent manner when dealing with solicitors and clients.” “He’s very good on particularly complex technical disputes.” (Chambers, 2018, Commercial Dispute Resolution; Real Estate Litigation)

“He has a fantastic ability to get to grips with the commercial reality of a dispute, as well as the legal and factual issues.” (Chambers, 2017, Commercial Dispute Resolution)

Ross’s practice focuses on commercial dispute resolution, company and insolvency law, property law, trusts and tax. He appears regularly in the Commercial Court. Ross is a standing junior counsel to HM Revenue & Customs where he appears regularly in UK tribunals as well as in the Court of Session. He is also experienced in public law and human rights cases.

Selected cases:

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Vinit Khurana KC

Vinit Khurana KC is the only practising member of the Scottish Bar dually qualified in law and medicine. He has the unique distinction of having practised as a medical General Practitioner for over a decade as well as being an Advocate since 1999. He took silk in 2018.

Vinit has a wide ranging practice involving both appearance and advisory work. He has experience of acting for and against private individuals and corporations. He also has experience of acing for and against public bodies. He regularly acts for and against health boards in professional negligence and personal injury cases.

Vinit specialises in all aspects of Medical Law including clinical negligence, judicial review, professional disciplinary matters, regulatory work and mental health. He is one of the most experienced practitioners at the Scottish Bar in relation to Fatal Accident Inquiries having appeared at over 20 such Inquiries since 2000. Since calling in 1999 his medical knowledge has proven to be a valuable asset in a wide variety of cases. His instructions have encompassed both civil and criminal work. Examples of the breadth of his instructions include: fraud cases brought by Health Boards against Optometrists before the NHS Tribunal; the chairing of the NHS Classification Appeal Committee in respect of disciplinary matters; appearances on behalf of the National Appeal Panel in judicial review petitions for entry to the pharmaceutical list; and advisory work in connection with many other matters related to the provision of healthcare including competition law issues in the provision of dispensing services by pharmacists and GPs, optometric and pharmaceutical services regulation, contractual arrangements between Health Boards and GP primary care providers, mental health matters and ECHR issues in the areas of organ donation and treatment refusal.

Vinit was the Chair of the Faculty of Advocates Sub-Committee which responded to the Scottish Government’s consultation on the reform of mental health legislation. He has also responded on behalf of the Faculty of Advocates to Scottish Government consultations on organ donation and transplant. He is currently a member of the Faculty Committee that oversees all of the Faculty’s responses to Scottish Government consultations.

Throughout his career Vinit has been prepared to work in new areas. He enjoys new challenges. He is a conscientious and hard worker. This has allowed him to gain an understanding of the particular circumstances of and the legal background to the cases in which he has been instructed. As well as appearing in court in complex, high profile and urgent matters, he regularly provides written advice on a wide variety of matters.

Vinit was called to the Bar of England & Wales in 2019. He can accept instructions in England and Wales via his clerks at Whitestone Chambers.

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Ailsa Wilson KC

Ailsa Wilson KC has practised widely in various areas of the law since calling to the Bar in 1993, as reflected by the range of areas of interest. More recently, the focus of her practice has been on land-related disputes that include planning, environmental and other statutory regimes. The cases in which she has been involved, either representing parties at hearings or providing advice, cover not only statutory consents procedures but also compulsory purchase and compensation claims. She has considerable experience with infrastructure proposals for both promoters and objectors. Her experience also includes the more detailed disputes that arise from the regulatory environmental protection regime, such as appeals against decisions by SEPA.

Ailsa Wilson’s practice involves providing advice in relation to a broad range of issues that can arise from land ownership, such as property rights and contractual obligations associated with development of land. It also covers interference with property rights and recently she acted for the access authority in a test case under the Land Reform (Scotland) Act 2003 in respect of Kinfauns Estate owned by Ann Gloag.

These areas of practice often give rise to public inquiries, appeals to either the Sheriff Court or Court of Session, and applications for judicial review. Separately as a Standing Junior to the Advocate General, Ailsa Wilson has gained considerable experience in administrative and public law areas such education, immigration, human rights and competition law.

Selected recent Cases

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