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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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Simon Bowie KC

Listed as a Leading Silk (Legal 500, 2024)

“A highly regarded silk who is regularly retained to defend institutions and individuals implicated in alleged medical negligence….He is widely recognised for his involvement in large group actions. (Chambers 2024)”

“A thoughtful, detailed, organised and clever advocate who has the ear of the court. A very thorough, calm and methodical approach” (Chambers 2023)

“An excellent strategist…an excellent advocate… first-class skills in dealing with clients… very approachable” (Chambers 2022)

“Regularly retained to defend institutions and individuals implicated in alleged medical negligence…..very responsive” (Chambers 2021)

“A highly regarded silk….an excellent advocate…” (Chambers 2020)

“A highly experienced and astute senior counsel who hides considerable steel under an air of unflappable congeniality” “A highly regarded silk” (Chambers 2019)

“Very good in court… very knowledgeable… always very well prepared”  “His attention to detail is second to none.”  “Extremely user friendly. Very good with clients”  (Chambers 2018)

“Has the ear of the court… excellent at defending cases” (Chambers 2017)

“Very intellectually able… measured, unflappable and very dedicated” (Chambers 2016)

“Always ensures that the client’s best interests are kept centre stage” (Chambers 2015)

“Widely recognised for his work on behalf of both clinical institutions and health professions” (Chambers 2014)

Simon Bowie KC undertakes a wide range of civil litigation. He has “an impressive and broadranging practice which covers a wide range of civil and commercial work.” (Chambers 2014) He has over 19 years experience; he has appeared at most levels of the Scottish criminal and civil court systems.

He has extensive experience of oral advocacy. “He is very calm, self assured, reasonable and a very smooth advocate”. “He has excellent attention to detail”. His “ability to swiftly grasp vast amounts of information is superb.” (Chambers 2015) He has appeared in proofs and reclaiming motions in the Court of Session, and prosecuted serious crime in the High Court and the Appeal Court. He has acted in high profile cases involving complex and novel points of law: shipping/oil and gas law (The “Braer” Oil tanker litigations), construction law (Costain Engineering v Scottish Rugby Union arbitration), negligence/scope of duty of care of police (Gibson v Chief Constable of Strathclyde); corporate insolvency (Geddes Petitioner). Between 2005 to 2008 he was appointed standing junior to the Department for Work and Pensions (social security) and the Home Department (immigration).

Recent high profile instructions/cases: UK/Scottish Covid Inquiries for Public Health Scotland (2023); UK Infected Blood Inquiry for Scottish Health Boards and SNBTS (to January 2023); Mesh litigation “class action” – principal senior counsel for NHS Scotland defending around 500 cases – largest medical litigation in Scottish legal history. Retained by the Scottish Football Association.

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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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Alan Cowan

Prior to calling to the bar, Alan was a solicitor in private practice for over 20 years. He was a partner with Simpson & Marwick from 2001 and a solicitor advocate from 2004.

As a solicitor advocate, Alan appeared regularly in both the Inner and Outer Houses of the Court of Session. He conducted numerous proofs, debates and appeals. In addition, he was frequently instructed to appear with Senior Counsel.

During his career as a solicitor, Alan had a varied civil practice. His principal areas of expertise were personal injury, employment law and commercial litigation. He is also experienced in the fields of property damage, defamation, professional negligence and valuation rating appeals. He has an interest in family law and gained further experience in that area during his devilling.

In 2022 Alan was appointed to the Advocate General for Scotland panel of Standing Junior Counsel which will deal with UK Government work arising in Scotland.

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Euan G Mackenzie KC

Euan Mackenzie K C is regularly instructed in cases of high value, importance and complexity in the field of medical negligence and personal injury. He has particular expertise in public law, public inquiries, planning and environmental law as well as personal injury and medical negligence. He has many years experience of preparing and conducting cases in the Court of Session and in other courts and tribunals. His clients include the Scottish Government, public sector bodies, commercial organisations, health boards, medical defence unions, local action groups and individuals. He was a standing Junior Counsel to the Scottish Government between 2006 and 2016. He was Junior Counsel to the Penrose Public Inquiry between 2009 and 2014 and second Senior Counsel to the Edinburgh Trams Public Inquiry from 2014 to 2019. He took Silk in 2016.

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