Una Doherty K.C. – decree of absolvitor in AM v Lothian Health Board [2026] CSOH 42
Una Doherty K.C. acted for the successful defender Lothian Health Board, along with Ewen Campbell, Advocate, in this action in which Lady Hood granted decree of absolvitor on 30 April 2026. The pursuer was represented by Astrid Smart K.C. and David Swanney, Advocate.
The action related to alleged negligence by midwifery staff and obstetricians at the Royal Infirmary of Edinburgh, in their care of the pursuer during her labour in September 2010. The pursuer claimed that the alleged negligence caused her son’s severe brain injury. In September 2024, the court agreed to the defender’s motion to allow a PBA restricted to the issue of breach of duty, with there to be a further PBA on causation and quantum if required.
At the proof, evidence was heard over eleven days, followed by an oral submissions hearing with written submissions in advance. Oral evidence was led from eight factual witnesses and four expert witnesses. There were three alleged breaches of duty against midwifery staff and a total of five alleged breaches of duty against two obstetricians. The pursuer sought to amend during the proof to introduce further duties said to have been breached – this motion to amend was successfully opposed.
In relation to the case against midwifery staff, Lady Hood did not accept the evidence by the pursuer and her partner as to when they first alerted staff to the presence of meconium. Lady Hood did not accept the pursuer’s expert midwifery evidence that it was required midwifery practice to assess all patients including the pursuer within 15 minutes of arrival in triage, or that there was a duty to assess this pursuer significantly earlier.
In relation to the case against the obstetricians, the interpretation of the cardiotocograph was critical. Two disputed issues were relevant to this interpretation: the concept of shallow late decelerations, and the proper approach to the interpretation of the NICE Intrapartum Care Clinical Guideline 55 (2007), Table 6, in relation to the frequency of late decelerations required to be an abnormal feature. Given the competing obstetric expert evidence, Lady Hood required to apply the Bolitho test, and concluded that there was no basis to reject the defender’s expert obstetric evidence, and the five alleged duties against the obstetricians did not arise.
The opinion of Lady Hood can be viewed here.
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Ampersand Advocates Celebrates Outstanding 2026 Chambers & Partners Rankings
Ampersand Advocates is proud to celebrate another outstanding year in the Chambers and Partners UK Bar 2026 rankings published date, confirming its position as one of the most highly regarded and comprehensive sets at the Scottish Bar.
This year, Ampersand and its members secures 12 set rankings and an impressive 99 individual rankings across 25 practice areas, including recognition across the London Bar and All Circuits. The stable is further honoured with five Star Individuals, underscoring its depth and quality.
Set Rankings
Ampersand Advocates is ranked as a set in the following areas:
Band 1:
Band 2:
Practice Areas and Ranked Members
Administrative & Public Law – Band 2
Ranked Members:
Aidan O’Neill KC, Douglas Ross KC, Ian S. Forrester KC, Laura-Anne van der Westhuizen KC, Michael Way, Paul Reid KC, Timothy Young, Usman Tariq KC
Star Individual: Aidan O’Neill KC
Highlight: Appearing in landmark constitutional and equality law cases before the Supreme Court and Court of Session.
Civil Liberties & Human Rights – Band 2
Ranked Members:
Aidan O’Neill KC, Douglas Ross KC, Usman Tariq KC
Highlight: Leading advocates in major human rights and discrimination cases, including Billy Graham Evangelistic Association v SMG (UK) Ltd.
Clinical Negligence – Band 1
Ranked Members:
Euan Mackenzie KC, Fiona Drysdale KC, Geoffrey Mitchell KC, Graham Primrose KC, Isla Davie KC, James McConnell KC, Jamie Dawson KC, Jennifer Nicholson-White, Lauren Sutherland KC, Lisa Henderson KC, Maria Maguire KC, Mark Fitzpatrick, Shane Dundas, Simon Bowie KC, Una Doherty KC, Vinit Khurana KC
Star Individual: Maria Maguire KC
Highlight: Described as “the premier stable for clinical negligence in Scotland”, with members leading in complex medical and catastrophic injury cases.
Commercial Dispute Resolution – Band 2
Ranked Members:
Eoghainn MacLean, Giles Reid, Laura-Anne van der Westhuizen KC, Mark Boni, Michael Way, Nicholas McAndrew, Robert Howie KC, Ross G. Anderson, Timothy Young, Usman Tariq KC
Highlight: Recognised for “depth and breadth across civil litigation”, with expertise in commercial, contract, and intellectual property disputes.
Company
Ranked Members:
Ross G. Anderson, Timothy Young
Highlight: Expertise in shareholder and director disputes, representing corporate entities and institutions.
Construction – Band 2
Ranked Members:
Nicholas McAndrew, Robert Howie KC, Timothy Young
Highlight: Trusted for handling large-scale building and delay disputes, including Greater Glasgow Health Board v Multiplex.
Employment
Ranked Members:
Aidan O’Neill KC
Highlight: Leading counsel in discrimination and constitutional employment cases.
Immigration
Ranked Members:
Michael Way
Highlight: Recognised for expertise in judicial reviews and appeals involving immigration and asylum.
Information Technology
Ranked Members:
Usman Tariq KC
Highlight: Specialist in software, data, and technology-related litigation.
Intellectual Property
Ranked Members:
Usman Tariq KC
Highlight: Recognised for IP and tech sector disputes and advisory work.
Media Law
Ranked Members:
Usman Tariq KC
Highlight: Acts in defamation, reputation, and privacy cases.
Personal Injury – Band 1
Ranked Members:
Alan Cowan, Christian Marney, Douglas Ross KC, Euan Mackenzie KC, Usman Tariq KC, Isla Davie KC, Jennifer Nicholson-White, Lisa Henderson KC, Maria Maguire KC, Shane Dundas, Simon Di Rollo KC
Star Individuals: Graham Primrose KC, Maria Maguire KC
Highlight: Described as “a formidable team of injury specialists”, acting in high-value, complex personal injury claims across Scotland.
Planning & Environment – Band 1
Ranked Members:
Ailsa Wilson KC, Laura-Anne van der Westhuizen KC, Marcus McKay KC, Nicholas McAndrew
Highlight: Commended for expertise in renewable energy, development planning, and environmental judicial review.
Product Liability
Ranked Members:
Paul Reid KC
Highlight: Recognised for handling complex product and regulatory disputes.
Professional Discipline
Ranked Members:
Paul Reid KC, Scott Clair
Highlight: Act for regulators and professionals in high-stakes disciplinary proceedings.
Professional Negligence – Band 2
Ranked Members:
Paul Reid KC, Scott Clair, Usman Tariq KC
Highlight: Expertise across financial, legal, and technical negligence claims.
Public & Fatal Accident Inquiries – Band 1
Ranked Members:
Ayla Iridag, Fiona Drysdale KC, Geoffrey Mitchell KC, Isla Davie KC, James McConnell KC, Jamie Dawson KC, Jennifer Nicholson-White, Lisa Henderson KC, Michael Way, Paul Reid KC, Shane Dundas, Simon Bowie KC, Susanne Tanner KC, Una Doherty KC
Highlight: Market leader in public inquiries including the UK and Scottish COVID-19 Inquiries, and the Infected Blood Inquiry.
Real Estate Litigation – Band 2
Ranked Members:
Giles Reid, Mark Boni, Michael Way, Robert Howie KC, Ross G. Anderson, Timothy Young
Highlight: Leading expertise in commercial property and access rights disputes.
Restructuring/Insolvency – Band 2
Ranked Members:
Robert Howie KC, Ross G. Anderson, Sheana Campbell, Usman Tariq KC
Highlight: Praised for “excellent knowledge and expertise” in insolvency, breach of duty, and cross-border matters.
Tax – Band 1
Ranked Members:
Julian Ghosh KC, Ross G. Anderson
Star Individual: Julian Ghosh KC
Highlight: Recognised as a Star Individual for Tax (London Bar), handling major tax appeals and IR35 cases such as McCann Media Ltd v HMRC.
Independent Investigations – All Circuits (Band 2)
Ranked Member:
Susanne Tanner KC
Highlight: Recognised across the UK for her leadership in independent investigations and inquiries.
European Law – London Bar (Band 2)
Ranked Member:
Aidan O’Neill KC
Highlight: Noted for constitutional and EU law expertise bridging the Scottish and London Bars.
Tax – London Bar & Private Client
Ranked Member:
Julian Ghosh KC
- Tax: London Bar (Star Individual)
- Tax: Private Client – Band 1
- Tax: Indirect Tax – Band 2
Highlight: Acknowledged as one of the UK’s foremost tax specialists.
Star Individuals
Ampersand Advocates proudly celebrates its five Star Individuals recognised for exceptional excellence and leadership:
Clerking Excellence
Ampersand’s clerking team, led by Alan Moffat, is again commended for professionalism, responsiveness, and efficiency.
“Second to none.”
“Depth and breadth across all disciplines.”
“Incredibly responsive and professional.”
The clerks’ deep understanding of clients’ needs continues to be a cornerstone of Ampersand’s success.
Overall Recognition
With 99 individual rankings, five Star Individuals, and 12 ranked practice areas, Ampersand Advocates cements its reputation as one of Scotland’s leading stable for excellence across the civil Bar. Ampersand stands out for its depth, versatility, and advocacy excellence.
You can view the full rankings and detailed individual feedback here.
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Peter Gasper v The Partners Of Tain & Fearns Medical Practice and another [2025] CSOH 96
This was a clinical negligence, QOCS case in the Court of Session in which the pursuer accepted a tender after an 8 month delay. The defenders moved for the expenses of process from the date of the tender under RCS 41B.2(2)(b) on the ground of unreasonable delay. Although there has been much judicial consideration of the QOCS provisions in the sheriff court, there has been little on this specific issue and none in the court of session. Lord Braid provides some helpful comments on the factors he considered relevant in assessing delay, but also on the operation of the 75% cap rule under RCS 41B.3 (2)(b).
Ampersand’s Simon Bowie KC appeared for the defender.
Lord Braid’s Opinion can be viewed here.
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Ampersand Advocates Celebrates Top-Tier Recognition in 2026 Legal 500 Rankings
Ampersand Advocates has once again secured its position among Scotland’s leading sets of counsel in the newly released 2026 edition of The Legal 500 United Kingdom Bar Guide. The rankings, published today, reaffirm Ampersand’s reputation for excellence across a broad spectrum of legal disciplines.
In the 2026 guide, Ampersand Advocates has been ranked in Tier 1 for Administrative and Public Law, Personal Injury and Medical Negligence and Property, Planning and Construction. The set also achieved a Tier 2 ranking in Commercial Disputes, reflecting its growing influence and expertise in high-value and complex litigation.
Administrative and Public Law (Tier 1) Ampersand’s offering is praised for handling high-stakes judicial reviews and public inquiries, with commentators highlighting our members ability to command respect at the highest levels of the judiciary. Ampersand’s expertise in this area is highlighted by the rankings of Aidan O’Neill KC, Douglas Ross KC, Susanne Tanner KC, Paul Reid KC and Usman Tariq KC (2024 silk). The stable’s juniors Timothy Young and Ross Anderson are also recognised, with Michael Way and Scott Clair noted as rising stars.
Personal Injury and Medical Negligence (Tier 1) An impressive roster of silks includes Simon Bowie KC, Una Doherty KC, Lisa Henderson KC, Euan Mackenzie KC, Maria Maguire KC, Geoffrey Mitchell KC, Graham Primrose KC, Lauren Sutherland KC, Alan Dewar KC, Vinit Khurana KC, Douglas Ross KC and James McConnell KC. Jennifer Nicholson-White, Ayla Iridag, and Shane Dundas are recognised as leading juniors.
Property, Planning and Construction (Tier 1) Robert Howie KC, Ailsa Wilson KC, Marcus McKay KC, and Laura-Anne Van Der Westhuizen KC are all ranked as leading silks. Eoghainn MacLean, Nicholas McAndrew, Ross Anderson, Timothy Young, Giles Reid and Louise Cockburn are recognised as leading juniors.
Commercial Disputes (Tier 2) The stable’s commercial disputes team is led by silks Robert Howie KC, Laura-Anne Van Der Westhuizen KC, Paul Reid KC and Usman Tariq KC (2024 silk). Ross Anderson, Eoghainn MacLean, Mark Boni, Timothy Young, Giles Reid and Nicholas McAndrew are ranked as leading juniors, with Michael Way noted as a rising star.
Crime and Regulatory (leading set) The stable has achieved acknowledgement in this category for 2026 as a leading set with a number of members ranked as leading silks including Isla Davie KC, Jamie Dawson KC, Lisa Henderson KC, Geoffrey Mitchell KC, Paul Reid KC, Simon Bowie KC, Una Doherty KC, Fiona Drysdale KC, Susanne Tanner KC, James McConnell KC (2024 silk) and Usman Tariq (2024 silk). Jenny Nicholson-White, Shane Dundas and Ayla Iridag are ranked as leading juniors, with Michael Way noted as a rising star.
Ampersand Advocates is also recommended in the Employment and Private Client and Family categories, with Aidan O’Neill KC ranked as a leading silk in Employment and Mark Boni recognised as a leading junior in Private Client and Family.
Under Alan Moffat’s leadership, the clerking team was commended for its exceptional efficiency, prompt communication, and forward-thinking approach.
These rankings highlight Ampersand’s continued commitment to delivering outstanding advocacy and legal insight across Scotland’s distinct legal landscape.
Full listings, for all of Ampersand’s rankings can be viewed on the Legal 500 website here.
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David Downie v Fife Health Board
Ampersand’s James McConnell K.C. acted for the defenders in the latest round of this litigation. The case came before the Sheriff Appeal Court on a question about the competency of the pursuer’s proposed appeal. Two of the three grounds of appeal were found to be competent, but the pursuer’s first ground of appeal was refused as incompetent.
The Opinion of Sheriff Principal Anwar can be found here.
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Ampersand Advocates Clinical Negligence Seminar 2025
Ampersand Advocates was delighted to host our Clinical Negligence seminar for 2025. The afternoon half day event held in-person at the Hawthorndean Lecture Theatre at the National Galleries on the Mound, Edinburgh attracted 3 hours of CPD and was followed by a drinks and social hour.
The theme this year was “Compassion in Clinical Negligence: Securing Better Outcomes in Evidence, Liability, and Rehabilitation”. Chaired by Isla Davie KC, the full programme was:
12.30pm – 1pm: Registration, tea & coffee
- 1pm: Welcome from Chair, Isla Davie KC
- 1.10pm – 1.50pm: Sarah McWhirter – “Who is [are] the patient[s]: re-defining primary victims post-Paul”
- 1.50pm – 2.30pm: Lynne Atkinson, Vocational Case Manager, VARSS – “More than a job – the holistic power of vocational rehabilitation”
2.30pm – 3pm: Break
- 3pm – 3.30pm: Lisa Henderson KC – “Bringing Out the Best Evidence: Recognising and Responding to Witness Vulnerability”
- 3.30pm – 4pm: Scott Clair– Case law update
- 4pm – 4.30pm: Jamie Dawson KC – “Seeking successful outcomes for clients in public inquiries”
4.30pm – 5.30pm: Closing remarks and social hour
Available papers and slides from our speakers are noted below.
Recordings of selected talks are available on Ampersand’s Personal Injury & Clinical Negligence channel on the Hey Legal Hub.
Any queries, please email: ampersand.events@advocates.org.uk.
As part of our commitment to this area of practice there was no charge for practitioners attending this event.
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