Ampersand Advocates Clinical Negligence Seminar 2022
Ampersand was delighted bring our Clinical Negligence seminar back in 2022, returning in-person after a break due to the Covid-19 outbreak. This afternoon half day event attracted 3 hours of CPD and was followed by a drinks and social hour.
Chaired by Isla Davie KC, the programme was:
- 12.30pm to 1pm – Registration
- 1pm – Welcome from the Chair, Isla Davie KC
- 1.10pm to 1.40pm – Shane Dundas: “Lockdown legacy – medical negligence claims emerging post pandemic” – a consideration of the claims arising and potential claims to come, not related to covid, but to other loss or injury arising from services being paused or delayed during lockdown.
- 1.40pm to 2.40pm – Professor Draycott: “Fetal Impacted Head Syndrome: the New Shoulder Dystocia?”
- 2.40pm to 3pm – Mid-session break
- 3pm to 3.30pm – James McConnell: “Something old, something new, something borrowed…” – a practical look at the procedural rule changes in Chapter 42 cases, and tips that can be picked up from what has worked elsewhere.
- 3.30pm to 4pm – Jennifer Nicholson-White: The law on secondary victims in clinical negligence cases.
- 4pm to 4.30pm – Ayla Iridag: Case law update.
- 4.30pm to 5.30pm – Closing remarks and social hour
As part of our commitment to this area of practice there was no charge for practitioners attending this event.
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Scott Clair
Since calling to the Bar as a Lord Hope Scholar in 2022, Scott Clair has built a strong practice anchored around professional liability, commercial litigation and public law. In 2024, he was appointed as Standing Junior Counsel to the Advocate General for Scotland (UK Government). In that capacity, he has advised and represented the UK Government in respect of a broad range of matters, ranging from a judicial review in relation to immigration law, to director’s disqualification proceedings.
Scott also has particular interest and experience in professional liability and regulation (especially claims against solicitors, advocates and healthcare professionals). As well as conducting litigation on behalf of professionals, he has appeared before fitness to practice panels. Scott is regularly instructed by the NHS in Scotland to advise on a wide range of matters, including clinical negligence claims, fatal accident inquiries and advice in relation to statutory and regulatory compliance. He has also carried out work as an ad hoc junior counsel to the Scottish Hospitals Inquiry. Although predominantly instructed on behalf of defenders, Scott also has experience of pursuing claims on behalf of pursuers (professional liability, commercial and property litigation). He regularly appears in the Court of Session and other courts and tribunals. He has appeared in several appeals and has appeared a number of times as sole counsel before the Inner House of the Court of Session.
Scott has tutored in a range of subjects, including public law, delict, commercial law, and evidence at the University of Edinburgh. He continues to retain an interest in legal education, as an accredited instructor for the Faculty of Advocates’ training for devils programme.
Scott is also a reporter for Session Cases, the most authoritative law reports in Scotland. He is also a member of the Faculty of Advocates’ Law Reform Committee and in that capacity has assisted with the preparation of consultation responses to the Scottish Government on behalf of the Faculty.
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Louise Cockburn
Louise Cockburn called to the Bar in 2022 having qualified as a solicitor in 2004.
She was a partner in a mid-sized firm in Edinburgh and Head of Planning in Scotland for a global firm before setting up her own practice in 2014.
She specialised in planning and environmental law and regularly appeared at inquiries and hearings, many into large scale renewable energy and infrastructure projects including the proposed redevelopment of the former Royal High School in Edinburgh, the Trump Organisation’s golf course at Menie and the Rosyth international container terminal. She was also the instructing solicitor in a successful legal challenge to a local plan. She is a member of the Scottish Planning, Local Government and Environmental Law Bar Group.
Whilst devilling Louise focused on clinical negligence. She was involved in complex and high value cases for pursuers and for defenders, often health boards.
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Ayla Iridag
Ayla Iridag called to the bar after working as a solicitor for an International Law Firm, predominately in the fields of insurance and public law. Ayla specialises in actions arising from Health and Safety and Administrative Law matters. This includes personal injury and clinical negligence actions in both the Sheriff Court and Court of Session, as well as Fatal Accident Inquiries and Judicial Reviews.
Ayla’s public and administrative law practice is broad and examples of recent work include firearms licensing disputes, malicious prosecution and unlawful detention cases and orders under the Sexual Offences Act 2003. Ayla has appeared in the Mental Health Tribunal. Ayla was appointed Standing Junior to the Office of the Advocate General in 2022 and in this role has been instructed by various government departments in actions under the Proceeds of Crime Act 2002, petitions for Judicial Review and appeals against Health and Safety Prohibition Notices.
Ayla’s Health and Safety practice includes acting for insurers and commercial organisations in defending actions arising from workplace accidents; occupiers’ liability claims and road traffic accidents. Ayla is regularly instructed on behalf of health boards and medical organisations in respect of clinical negligence matters, often with a particular interest in mental health, as well as in Fatal Accident Inquiries across Scotland. Prior to calling to the bar, as a Solicitor and Devil, Ayla gained experience in health and safety prosecutions, including at trial. She has experience appearing in the criminal courts, including conducting commissions.
Ayla also has experience of regulatory proceedings, having conducted substantive hearings for the Nursing and Midwifery Council and Scottish Social Services Council.
Selected cases
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Katharine Muir
Katharine Muir called to the Bar in 2022 after 6 years as a solicitor in private practice. She is currently on maternity leave. She has a varied civil practice which includes professional regulation, clinical negligence, product liability, judicial review, defamation, construction litigation and contractual disputes. She appears regularly in the Sheriff Courts and Court of Session and has been instructed in group proceedings.
Katharine has a particular interest in product liability. She has worked on some of the most high-profile product liability cases in Scotland as solicitor and since coming to the Bar. She has also advised manufacturers on product compliance and safety, labelling and advertising.
Katharine tutors on the Commercial Law course at the University of Strathclyde.
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PEOPIL Event – Joint conference of the Medical Negligence EEG and the Product Liability, Pharmaceutical and Mass Tort EEG
***External Event***
2 day conference. Day 1 Clinical Negligence programme chaired by Ampersand’s Lauren Sutherland QC.
Full programme can be viewed here.
On Demand video now available.
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