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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Ampersand Advocates Top Rankings success in latest Chambers and Partners UK Bar Guide
Ampersand has again received top tier rankings across a number of areas of practice in the latest published guide to the legal profession, Chambers and Partners UK Bar Guide 2021.
Ampersand received 58 listings across 14 areas of practice, ranking as top tier (band 1) in Clinical Negligence as a Set, and band 2 in Administrative & Public law, Civil Liberties & Human Rights, Commercial Dispute Resolution, Planning & Environment, Personal Injury and Restructuring/Insolvency as a Set. 5 members are noted as “star individuals”.
Noted as a Band 1 set for Clinical Negligence, “Ampersand Advocates retains its reputation as a market-leading stable for clinical negligence matters, garnering praise from instructing solicitors who describe it as “a well-organised stable with a good range of excellent advocates.” Its advocates continue to provide expert legal advice and representation to both pursuers and defenders in a wide range of disputes, including claims relating to birth and catastrophic brain and spinal injuries. Members are well versed in cases arising from alleged failures in diagnosis and surgical errors, and regularly appear at fatal accident inquiries. The stable also houses considerable expertise in multi-party actions stemming from the use of medical equipment, and several of its advocates have recently been involved in the Scottish Mesh Litigation, a class action in which over 500 claims were brought against the NHS in connection with allegedly defective vaginal mesh.”. Our rankings include 2 “Star Individuals”, Maria Maguire QC and David Stephenson QC, with 9 further silks and 6 juniors also ranked – Simon Bowie QC, Jamie Dawson QC, Simon Di Rollo QC, Una Doherty QC, Lisa Henderson QC, Vinit Khurana QC, Geoffrey Mitchell QC, Graham Pimrose QC, Lauren Sutherland QC, Fiona Drysdale, Mark Fitzpatrick, Archie MacSporran, James McConnell, Paul Reid and Phil Stuart.
Band 2 listings include Administrative & Public Law where Ampersand is praised “houses highly praised practitioners who are skilled at acting in public law cases involving significant constitutional and human rights issues. They frequently appear before the highest courts in the UK and the EU.” The rankings include “Star Individual” Aidan O’Neill QC, along with Douglas Ross QC, Laura-Anne van der Westhuizen and Paul Reid.
In Civil Liberties & Human Rights Ampersand is noted as a “highly regarded civil liberties and human rights stable, known for representing both private individuals and public bodies in significant proceedings. Practitioners at Ampersand are regularly instructed by the government and the Equality and Human Rights Commission.” The rankings include Aidan O’Neill QC and Douglas Ross QC.
In Commercial Dispute Resolution Chambers state Ampersand is “well renowned for its consistent involvement in high-profile commercial disputes. The stable offers a large team comprising highly rated advocates at the senior and junior level. The advocates are instructed on behalf of corporations and financial institutions and are involved in a variety of related areas of practice including intellectual property and insolvency.” The rankings include Robert Howie QC, Craig Sandison QC, Ross Anderson, Graeme Hawkes, Giles Reid, Paul Reid, Usman Tariq and Tim Young.
Within Personal Injury Ampersand “houses a number of dedicated senior and junior advocates, and instructing solicitors praise the “strength and depth of counsel available at the stable.” Members act for both pursuers and defenders, including several major insurers, in the full range of claims, and offer considerable expertise in the handling of catastrophic injury cases arising from RTAs and workplace accidents. The team is also well regarded for its expertise in complex product liability and occupier’s liability disputes and matters involving accidents abroad. The stable’s tenants are regularly called upon to appear in Fatal Accident Inquiries, where they have experience of acting for government agencies, health boards and local authorities.” Rankings include “Star Individuals” Maria Maguire QC and Graham Primrose QC with other ranked Dorothy Bain QC, Isla Davie QC, Simon Di Rollo QC, Lisa Henderson QC, Douglas Ross QC, Chris Marney and Louise Milligan.
Ampersand’s strong Planning & Environment team was recognised as “well regarded for the complex planning and environmental work undertaken by its advocates. Members of the stable regularly act in judicial reviews and challenges to planning permissions and frequently act on behalf of developers, objectors, public sector bodies and energy companies. Members are regularly engaged in high-profile matters, including the public inquires into the development of the former Royal High School in Edinburgh and the proposed Coul Links golf course development. One source says: “The chambers is excellent in terms of the calibre of advocates.””. Rankings include Malcolm Thomson QC as “Star Individual”, Marcus McKay QC, Ailsa Wilson QC and Laura-Anne van der Westhuizen.
Within Restructuring/Insolvency “Ampersand Advocates is well regarded for its handling of a wide range of restructuring and insolvency matters. The stable’s advocates are frequently instructed to represent administrators, companies, banks and insolvency office holders in complex claims involving allegations of wrongful trading and breach of fiduciary duty, among other matters. Members have experience of appearing in both domestic and cross-border matters, and are regularly called upon to act for and advise their clients on both contentious and non-contentious insolvency cases.” Rankings include Robert Howie QC and Usman Tariq.
There are individual rankings in Real Estate for Robert Howie QC, Craig Sandison QC, Ross Anderson, Giles Reid and Tim Young; Agriculture and Rural Affairs for Laura-Anne van der Westhuizen; Employment for Russell Bradley, Information Technology and Intellectual Property for Usman Tariq; Professional Negligence for Chris Marney and Paul Reid; and Tax for Ross Anderson.
The Ampersand clerks receive wide praise being described as “professional, friendly and accommodating at all times…. very responsive… they make every effort to accommodate almost impossible demands” and that Ampersand “is an extremely well run and efficient stable”.
The full rankings can be viewed on the Chambers and Partners website here.
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