Scott Clair
Scott Clair called to the Bar in 2022 as a Lord Hope Scholar.
He has experience in a wide range of commercial, private and public law litigation. In the course of devilling, Scott was involved in a variety of complex and high-value cases including commercial disputes, clinical and professional negligence claims, regulatory, human rights and constitutional law cases. Scott has a particular interest in the latter and, whilst devilling, worked on a number of high-profile judicial review cases including a legislative competence challenge to an Act of the Scottish Parliament, a challenge to Scotland’s Census 2022 and the first removal of a judicial office holder under the Courts Reform (Scotland) Act 2014.
He has appeared as sole counsel before the Sheriff Courts, the Sheriff Appeal Court, the Court of Session (both Outer House and Inner House), and during devilling assisted with the preparation of cases before the UK Supreme Court and the European Court of Human Rights.
Before calling to the Bar, as a solicitor and then associate with a well-known litigation firm in Edinburgh, he gained substantial experience of appearing in court and regularly conducted proofs, debates and complex opposed motions including for interdict. Scott also gained experience in fatal accident inquiries and various forms of alternative dispute resolution, including arbitration, adjudication and mediation.
Scott has particular interests in contract law, clinical and professional negligence, media law, private client litigation and judicial review.
Scott also has an interest in legal education. Since 2021, he has tutored in Commercial Law, Public Law and Individual Rights, and Evidence at the University of Edinburgh.
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Sheana Campbell
Sheana Campbell practices mainly in commercial law.
Prior to calling, Sheana was a litigation solicitor for 13 years. She trained and qualified into a large commercial firm before moving to a boutique firm in 2012, where she subsequently became a director. She obtained extended rights of audience in the civil courts in 2014.
Sheana has significant experience of a broad range of commercial disputes, especially those arising out of insolvency situations. She has been regularly instructed in disputes involving contractual, partnership or company related issues. She also has experience in property disputes.
Sheana’s personal insolvency practice was recommended in the 2022 Legal 500. She has been a member of R3’s Scottish Technical Committee since 2018 and the Lexis Nexis Scottish Restructuring and Insolvency Expert Panel since 2019.
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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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Ampersand Advocates welcomes Top Rankings success in latest Chambers and Partners UK Bar Guide 2022
Ampersand has once 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 2022.
Ampersand received 68 listings across 17 areas of practice, ranking as top tier (band 1) in Clinical Negligence and Planning & Environmental Law as a Set, and band 2 in Administrative & Public law, Civil Liberties & Human Rights, Commercial Dispute Resolution, Personal Injury, Professional Negligence, Real Estate Litigation and Restructuring/Insolvency as a Set. 5 members are noted as “star individuals”. There is wide practice for the clerking team and client service too.
Noted as a Band 1 set for Clinical Negligence, “Ampersand Advocates retains its reputation as a market-leading stable for clinical negligence matters. 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 multiparty 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 10 further silks and 7 juniors also ranked – Simon Bowie QC, Jamie Dawson QC, Simon Di Rollo QC, Una Doherty QC, Lisa Henderson QC, Vinit Khurana QC, Archie MacSporran QC, Geoffrey Mitchell QC, Graham Primrose QC, Lauren Sutherland QC, Fiona Drysdale, Mark Fitzpatrick, James McConnell, Paul Reid and Phil Stuart.
Ampersand’s new Band 1 listing in Planning & Environment states “Ampersand is a leading stable with a strong offering of advocates in both the junior and senior ranks.” and “Ampersand Advocates is 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 those relating to large renewable energy projects. Rankings include Malcolm Thomson QC as “Star Individual”, Marcus McKay QC, Ailsa Wilson QC and new silk Laura-Anne van der Westhuizen QC.
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 QC, Paul Reid and Usman Tariq.
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, Douglas Ross QC and Usman Tariq.
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, Graeme Hawkes QC, Laura-Anne van der Westhuizen QC, Ross Anderson, Giles Reid, Paul Reid, Usman Tariq and Tim Young.
Within Personal Injury “Ampersand Advocates is a highly regarded stable for personal injury matters and houses a number of dedicated senior and junior advocates. 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 road traffic and workplace accidents. The team is also well regarded for its expertise in complex product liability and occupiers’ 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 others ranked Isla Davie QC, Simon Di Rollo QC, Lisa Henderson QC, Euan Mackenzie QC, Douglas Ross QC, Alan Cowan, Chris Marney, Jenny Nicholson, Louise Milligan.
A new Set ranking in Professional Negligence declares “Ampersand Advocates is recognised as a leading set for professional liability matters in Scotland. The advocates often advise and act in proceedings on behalf of and against a suite of professionals including solicitors, surveyors, architects and financial advisers.” The rankings include Chris Marney, Paul Reid and Usman Tariq.
In another new Set ranking area, Real Estate Litigation, it exclaims “Ampersand Advocates offers a strong bench of well-regarded advocates who are active across a broad range of real estate litigation topics. The set demonstrates strong expertise in areas of overlap between commercial and real estate disputes. Members are instructed at all levels from the Supreme Court down.” Rankings include Robert Howie QC, Laura-Anne van der Westhuizen QC, Ross Anderson, Giles Reid and Tim Young.
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, Ross Anderson and Usman Tariq.
There are individual rankings in: Agriculture and Rural Affairs for Laura-Anne van der Westhuizen QC; Company for Tim Young; Employment for Aidan O’Neill QC; Immigration for Alan Dewar QC; Information Technology and Intellectual Property for Usman Tariq; Product Liability for Paul Reid; and Tax for Ross Anderson.
The Ampersand clerks receive wide praise across all areas of practice described as “fantastic and always very helpful… approachable and knowledgeable….Very efficient and pleasant.” The client service is also noted as “ahead of the curve in terms of its responsiveness and use of technology” and notes Ampersand “was the first Scottish stable to offer video conferencing.”
On the recent rankings, Practice Manager, Alan Moffat, said: “This is again wonderful recognition and praise for all of the excellent work our advocates and my team does on a continual basis. My thanks goes to everyone who took the time to provide Chambers with their views. We work in collaboration with the profession and it is pleasing to hear those that instruct our members recognise the value our members bring to the legal team. I am also proud of the excellent and hard work my team puts in daily and am pleased to see that appreciated too.”
The full rankings can be viewed on the Chambers and Partners website here.
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Ampersand Advocates ranked as top tier set by Legal 500
Ampersand is delighted to once again be recommended as a top-tier set by The Legal 500 UK Bar Directory in their latest listings for 2021. Listed as tier 1 in 3 areas and tier 2 in another, Ampersand has collected 14 Senior Counsel rankings, 19 Junior Counsel rankings, including 5 rising stars, across the Scottish Bar listings.
Administrative and Public Law
Stable Testimonials
‘They have excellent senior counsel who can be called upon in the most challenging of cases even at short notice, as well as experienced juniors. Their flexibility and forward-thinking approach to technology has made instructing seamless even during the difficulties of the pandemic.’
‘Ampersand has a wide ranging practice, and therefore can always recommend suitable advocates.’
Commercial Disputes
TIER 2
Ampersand Advocates is home to a team of civil litigation advocates adept at advising on a range of commercial disputes and IP/TMT-related work. Unled, Eoghainn MacLean represented Rangers in its dispute with the SPFL as to the termination of the 2019-20 season. Elsewhere in the stable, Paul Reid has notable expertise in professional negligence work, while Usman Tariq continues to excel in technology-related work – in one matter, he acted for Sony concerning leaked images, originally hacked in Scotland, of then-upcoming AAA video game The Last of Us 2. Recent news includes the elevation of Laura-Anne Van Der Westhuizen QC to silk in the 2021 round; Craig Sandison QC (as was) is now a Senator of the College of Justice; and Dorothy Bain QC was appointed Lord Advocate (the chief legal officer of the Holyrood government). Ranked individuals are: Ranked individuals are: Alan Dewar QC, Robert Howie QC, Graeme Hawkes QC, Laura-Anne van der Westhuizen QC, Paul Reid, Ross Anderson, Eoghainn MacLean, Chris Marney, Usman Tariq and Tim Young. Rising Stars noted are: Mark Boni and Michael Way.
Stable testimonials
‘I have the highest regard for Ampersand as a stable. Interacting with all members of chambers, I have the sense I was dealing with advocates at the top of their game, in terms of their grip on the law and sheer insight.’
‘I only use commercial litigation advocates as that is the focus of my practice, but in so far as Ampersand offers commercial litigation advocates, they generally have a range of possible candidates of varying levels of experience.’
Personal Injury and Medical Negligence
TIER 1
Ampersand Advocates is active in a range of heavyweight personal injury and medical negligence litigation, with to some extent a focus on the latter, an area in which it is instructed by Scotland’s leading pursuer firms as well as defenders. Douglas Ross QC is active in both these areas, and in the personal injury field, he has a following in pursuer-side work concerning workplace incidents. Graham Primrose QC and Simon Bowie QC are instructed for the NHS in the mesh implant class action litigation. Vinit Khurana QC, who is also a member of 2 Temple Gardens in England, is thought to be the only doctor-turned-advocate in practice in Scotland. Medical regulatory work is another area of expertise for the team. Alan Dewar QC, David Stephenson QC, Euan Mackenzie QC, Geoff Mitchell QC, Graham Primrose QC, Lisa Henderson QC, Maria Maguire QC, Simon Bowie QC, Douglas Ross QC, Una Doherty QC, Vinit Khurana QC, Archie MacSporran QC, James McConnell, Fiona Drysdale and Jennifer Nicholson. Rising Star noted: Shane Dundas.
Stable Testimonials
‘The stable has a great selection of advocates with very specialist medical negligence experience. I have never had an issue with availability of counsel.’
‘They provide annual training on clinical negligence which is always helpful. Very helpful clerking team. Good range of expertise.’
Property, Planning and Construction
TIER 1
Ampersand Advocates handles a lot of work concerning the use of space, with many areas crossing over with its public law and commercial expertise. Eoghann Maclean represents the Duke of Argyll in a £7m claim against the Ministry of Defence concerning large quantities of unexploded WW2-era ordinance in his forest, which there was an allegedly bungled attempt to clear in the 1970s, while Laura-Anne Van Der Westhuizen QC – a 2021 silk appointment – is particularly active in work concerning planning and rural property. Malcolm Thomson QC has been active in work concerning the Electronic Communications Code, which underpins the UK-wide legal framework for physical telecoms infrastructure. Ranked individuals are: Robert Howie QC, Marcus McKay QC, Malcolm Thomson QC, Ailsa Wilson QC, Laura-Anne van der Westhuizen QC, Eoghainn MacLean, Chris Marney, Tim Young, Ross Anderson, Giles Reid. Rising Star noted: Alex Sutherland.
Stable Testimonials
‘The stable has a full breadth of advocates at all levels of experience with expertise over a broad area of law.’
‘Ampersand is a leading stable with a strong offering of advocates in both the junior and senior ranks across a variety of practice areas. The offering for planning and environmental matters is particularly strong, and includes some of the most impressive advocates in this area.’
Employment
Aidan O’Neill QC ‘His forte is in debating the court – he is never satisfied with the final version of an argument and is always looking to improve it.’
Full listings, including all individual rankings can be viewed on the Legal 500 website here.
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