Ampersand Advocates ‘goes above and beyond at all times’ in latest Legal 500 UK Bar listings
Ampersand is delighted to be once again be recommended as a top-tier set by The Legal 500 UK Bar Directory in their latest listings for 2019 published today.
The guide says “‘From a user’s perspective’, Ampersand Advocates ‘goes above and beyond at all times to assist wherever possible’. Like the other Scottish stables, a diverse range of work comes through its doors, however, tort, real estate, and commercial matters are key strengths, and arbitration is a growing area of focus. ‘All the clerks are friendly, accommodating and very professional’, however at the most senior level Alan Moffat ‘will go out of his way to make sure you get the right counsel for the job’, and his deputy Sheena Hume is ‘particularly efficient and easy to deal with’. Vinit Khurana QC and Una Doherty QC took silk in 2018.”
Ampersand has 36 listings across 10 areas of practice in the Legal 500 UK 2019 guide. The Scottish bar section can be viewed here.
Civil liberties, human rights, public inquiries, and public and administrative law (including local government)
Key areas of work at Ampersand Advocates include EU law, judicial review, and procurement matters. Aidan O’Neill QC recently lead on behalf of the petitioners in Wightman v Secretary of State for Exiting the European Union, an Court of Justice of the European Union case concerning if it was possible for a member state to revoke its notification of intent to leave the European Union under Article 50.
Leading Seniors
Aidan O’Neill QC – Ampersand Advocates ‘ Intellectually impressive and creative in his approach to dealing with issues of public law. ’
Douglas Ross QC – Ampersand Advocates ‘ Highly intelligent and tenacious, with good common sense ’
Dorothy Bain QC – Ampersand Advocates ‘ Highly recommended for civil liberties work. ’
Leading Juniors
Laura-Anne van der Westhuizen – Ampersand Advocates ‘ A first-class legal mind who deals well with complicated cases. ’
Timothy Young – Ampersand Advocates ‘ Technically excellent in public procurement matters. ’
Commercial litigation
Ampersand Advocates is home to a strong contingent of commercial litigators, with experience in a wide range of commercial cases. Notable recent highlights include Take-Two Interactive Software Inc and Rockstar Games Inc v Aaron Renicks, in which Usman Tariq acts, as junior to Roddy Dunlop QC for the developers of Grand Theft Auto who are pursuing a claim against the developer of a modification for the game. Giles Reid recently acted for the borrower in a case concerning the oral variation of a loan agreement, as well as interim orders preventing the lender from commencing bankruptcy.
Leading Seniors
Alan Dewar QC – Ampersand Advocates ‘ Hugely experienced, completely unflappable and always fights his client’s corner. ’
Robert Howie QC – Ampersand Advocates ‘ His depth of knowledge in commercial matters is unparalleled. ’
Leading Juniors
Ross Anderson – Ampersand Advocates ‘ Never afraid to take on even the largest of legal challenges. ’
Giles Reid – Ampersand Advocates ‘ A legal encyclopaedia. ’
Usman Tariq – Ampersand Advocates ‘ His advice and knowledge is consistently of the highest standard. ’
Company and insolvency
Members of Ampersand Advocates are particularly experienced in insolvency matters, acting for all parties in such cases. Of recent note, Timothy Young recently acted for the liquidators in Rowallan Asset Management Limited v Morris & Co, which involved a claim for gratuitous alienation (a transfer under value to dissipate assets) relating to a large agricultural property holding company.
Leading Seniors
David Sellar QC – Ampersand Advocates ‘ His technical knowledge of company and insolvency law makes him a go-to. ’
Leading Juniors
Timothy Young – Ampersand Advocates ‘ Clients appreciate his confident yet approachable demeanour. ’
Employment
Russell Bradley of Ampersand Advocates acts for employers in a wide range of first instance matters, with particular expertise of defending whistle-blowing and unfair dismissal claims.
Russell Bradley – Ampersand Advocates ‘ Extremely tenacious when needed and great with clients. ’
Intellectual property, information technology and media
Usman Tariq at Ampersand Advocates is highly recommended for contentious intellectual property matters, as well as maintaining a substantial presence in the IT sector, particularly in matters concerning gaming and digital applications. Recent instructions include a substantial trade mark infringement and passing off dispute between two manufacturers of electronic cigarettes, where Tariq acted for the pursuers, as well as conducting breach of interdict cases on behalf of large rights-holders such as Sky and the Performing Right Society.
Usman Tariq – Ampersand Advocates ‘ The best all-round IP junior in Scotland. ’
Personal injury and medical negligence
Ampersand Advocates is home to one of the key teams in personal injury and clinical negligence within Scotland, and has ‘real strength in depth’ across all levels of call. Members have significant expertise in all areas of such work, with recent cases including fatal accidents, medical device litigation, catastrophic injury and birth injury. A notable recent case for the set is Gibson v Babcock International, a leading case on the issue of secondary exposure to asbestos, in which Simon Di Rollo QC led for the pursuers.
Leading Seniors
Lisa Henderson QC – Ampersand Advocates ‘ Highly numerate, excellent at drafting complex schedules of loss and very personable. ’
Geoffrey Mitchell QC – Ampersand Advocates ‘ Highly respected by both health boards and claimant solicitors ’
Douglas Ross QC – Ampersand Advocates ‘ A relatively new silk who already posesses all the qualities of an experienced one. ’
Simon Bowie QC – Ampersand Advocates ‘ Recommended for significant clinical negligence cases. ’
Una Doherty QC – Ampersand Advocates ‘ Extremely reliable, quick-witted and efficient. ’
Maria Maguire QC – Ampersand Advocates ‘ Combines superb advocacy skills and a forensic attention for detail. ’
Simon Di Rollo QC – Ampersand Advocates ‘ Highly experienced in industrial disease claims. ’
Lauren Sutherland QC – Ampersand Advocates ‘ Leaves no stone unturned to find a path to a successful outcome. ’
Leading Juniors
Jamie Dawson – Ampersand Advocates ‘ Fantastic at dealing with complex medical evidence and technical details. ’
Fiona Drysdale – Ampersand Advocates ‘ Well-prepared, good with clients and has an eye for detail. ’
Chris Marney – Ampersand Advocates ‘ A very safe pair of hands with good commercial sense. ’
Jennifer Nicholson – Ampersand Advocates ‘
A strong negotiator who has achieved fantastic results for clients. ’
Planning, environmental and licensing
Ampersand Advocates is home to planning law specialists Marcus McKay QC and Laura-Anne van der Westhuizen, who are often instructed in complex or high-profile inquiries and appeals. Notable recent highlights include McKay’s representation of The Viking Wind Farm in a consent application under crofting legislation, and Westhuizen’s work on behalf of the Scottish ministers in an appeal lodged by a dairy farm following the refusal of planning permission for a large greenbelt development.
Leading Seniors
Marcus McKay QC – Ampersand Advocates ‘ Highly experienced in energy-related planning work. ’
Leading Juniors
Professional Negligence
Members of Ampersand Advocates are instructed by both pursuers and defenders in professional negligence cases, across the full range of industry sectors. Recent highlights include Midlothian Council v Bracewell Stirling, where Paul Reid acted as a junior to Alastair Duncan QC on behalf of the defenders, an architectural firm alleged to be liable for negligent ground investigations carried out by another company.
Paul Reid – Ampersand Advocates ‘ One to watch for professional negligence matters. ’
Property, construction and agriculture
Members of Ampersand Advocates are instructed in a wide range of commercial development and property disputes, as well as agricultural issues and nuisance claims. Timothy Young recently advised the defenders on several potential cases concerning property damage caused by incorrectly constituted mortar in the development of a large residential estate.
Leading Seniors
Leading Juniors
Ross Anderson – Ampersand Advocates ‘ Definitely one to watch for property litigation. ’
Timothy Young – Ampersand Advocates ‘ Exceptionally intelligent with a gift for honing in on the points that matter. ’
Tax, trusts and pensions
Ross Anderson at Ampersand Advocates has significant experience acting for HM Revenue and Customs in both the First-Tier and Upper Tribunals. He also appeared as appearing as a junior to Kieron Beal QC of Blackstone Chambers in London, again on behalf of the Revenue, in the Supreme Court case Frank A Smart & Sons v HMRC, which concerned the deductability of VAT incurred when purchasing entitlements to the Single Farm Payment, a European Union farming subsidy.
Ross Anderson – Ampersand Advocates ‘ He has made a sure-footed transition from academia to the Bar. ’
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Michael Way
Michael Way’s principle areas of practice are public & administrative law, commercial disputes and civil liberties/human rights.
Michael is listed as a ‘Rising Star’ in the 2021/22 Legal 500 in both Commercial Disputes and Administrative and Public Law.
“A brilliant advocate – insightful, thorough and refreshingly convincing on his feet, he is approachable and easy to work with.” – Legal 500 2021/22 ‘Administrative and Public Law’
After spending several years as a performer in the music industry, Michael trained with one of Scotland’s leading commercial law firms and undertook a six month secondment to the Scottish Government Legal Directorate. Shortly after qualifying as a solicitor Michael began devilling, during which he won the Mike Jones Excellence in Advocacy prize and was the Faculty Scholar 2018/19.
Since calling, Michael has appeared regularly in courts and tribunals throughout Scotland. In particular, he has:
- appeared for Serco defending over 150 interdict actions, including appearances in the Sheriff Appeal Court and instruction during the related Inner House reclaiming motion process;
- been instructed by petitioners in a number of successful Court of Session judicial review actions in immigration and housing matters;
- instructed by child respondents in nobile officium petitions seeking recognition of English High Court deprivation of liberty orders;
- appeared frequently for the Advocate General as a standing ‘junior junior’ in the First-tier Tribunal (Immigration and Asylum Chamber);
- been instructed in a variety of property, contractual, professional negligence, debt recovery and insolvency disputes, including success after proof in a case involving a challenge to interest to enforce real burdens;
- developed a proficiency in consumer rights issues, including claims under the Consumer Rights Act 2015 and the Consumer Protection From Unfair Trading Regulations 2008;
- assisted in a major offshore dispute in Jersey;
- undertaken criminal appeal work, with successful appearances in the High Court and Sheriff Appeal Court.
Michael has a strong academic background with degrees from Oxford, King’s College London and Edinburgh. Since 2015, Michael has tutored at the University of Edinburgh (Jurisprudence; Critical Legal Thinking) and was previously a guest lecturer in Business Law at Queen Margaret University. He was the research assistant to Lady Poole and Sheriffs McCartney and Drummond on their recent book A Practical Guide to Public Law Litigation in Scotland (2019; W.Green)
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21st Century Bar Conference
Annual 21st Century Bar Conference which this year has Lord Clark as the keynote speaker.
Keynote speech from Lord Clark. Programme includes Lord Ericht, who will look at the Commercial Court, Ampersand’s David Sellar QC (Company Law), Jonathan Mitchell QC (Data Protection Law), James Mure QC (Brexit and the implications for in-house lawyers), Elisabeth Roxburgh, Advocate (Insolvency Law) and Ampersand’s Usman Tariq, Advocate (Intellectual Property). Other speakers will be confirmed in due course.
The free, full-day event has fully subscribed in the past. Early booking advised to ensure a place on Friday, 7 December, at the Faculty’s Mackenzie Building.
Details on Eventbrite here.
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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 2019.
Ampersand received 56 listings across 17 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, Product Liability and Restructuring/Insolvency as a Set. 4 members are noted as “star individuals”.
Noted as a Band 1 set for Clinical Negligence, Ampersand has 16 rankings in this area. The guide says “Ampersand enjoys an excellent reputation in the field of Scottish clinical negligence litigation. It houses a large number of advocates who specialise in the pursuit and defence of clinical negligence cases, including both QCs and juniors. Matters commonly dealt with include brain and spinal injury claims as well as fatal accident inquiries. Members are skilled at handling high-profile group actions, such as the recent suits regarding vaginal mesh implants. Sources highlight the stable’s impressive offering in the area and the “great strength and depth” of its advocates.” The listing includes Maria Maguire QC as a “Star Individual”.
Band 2 listings include Administrative and Public law where Ampersand’s frequent level public law challenges across a wide range of practice areas noted. In Civil Liberties & Human Rights the Band 2 listing notes Ampersand as a “dynamic group of public law and human rights advocates” and that “Ampersand Advocates is particularly well known for advising on the ECHR and the intersection between UK and EU law.”
In Commercial Dispute Resolution it states “Ampersand Advocates offers a strong bench of versatile and well-regarded commercial dispute resolution practitioners. The stable houses a number of silks and juniors experienced in general commercial litigation, with proficiency in disputes concerning insolvency, professional negligence and construction in particular. Advocates are also noted for their abilities in contentious matters involving planning, commercial contracts and intellectual property, often representing large companies and financial institutions”. Ampersand’s Commercial expertise is further noted in Restructuring and Insolvency, which includes “Star Individual” David Sellar QC, stating Ampersand “Home to leading silks for restructuring and insolvency in Scotland. They are regularly instructed by insolvency administrators, directors and shareholders in a variety of matters ranging from the interaction of insolvency law with public regulatory schemes to allegations of wrongful trading. The advocates have good expertise in relation to jurisdictional matters.”
Ampersand’s Personal Injury work is again acknowledged with the guide noting “A well-reputed personal injury stable on the Scottish Circuit, noted for its expert handling of complex catastrophic injury and fatal claims on behalf of both pursuers and defenders. It is regularly instructed by several leading Scottish law firms, as well as major insurers and government agencies.” It also notes that our “members also have experience appearing before fatal accident inquiries, representing health boards, doctors and hospitals, as well as bereaved families and individuals. Ampersand’s advocates are regularly involved in high-value and complex personal injury claims, and have litigated cases in the Sheriff Courts, the Court of Session and the Supreme Court.” The listing includes Maria Maguire QC and Graham Primrose QC as “Star Individuals”.
In Planning and Environment it states “Ampersand Advocates includes a number of advocates who specialise in planning and environmental law. It excels in handling judicial reviews and planning challenges, and has substantive expertise in the communications, transport and energy sectors. Its clients include local councils, conservation bodies and developers.” This includes “Star Individual” Malcolm Thomson QC. Ampersand is also a Band 2 set in Product Liability stating “A prominent player in product liability matters, with additional bench strength in the areas of personal injury and professional liability. Members routinely act in cases involving defective medical devices and claims relating to industrial product liability. They are experienced in the representation of defenders and pursuers, both in individual cases and in group actions.”
The Clerks also receive high praise again stating “the clerking is excellent” noting “the clerking team is very responsive and experienced. The quality shines through.” and “team is very accommodating and helpful. The clerks respond to enquiries timeously”.
Ampersand’s full listings can be viewed on the Chambers and Partners website here.
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Ampersand welcomes Alexander Sutherland
Ampersand is delighted to welcome Alexander Sutherland to the stable who called at the Bar today.
Before calling to the Bar, Alex trained with Addleshaw Goddard LLP, formerly HBJ Gateley. During his seat in the firm’s dispute resolution department, he gained experience of a wide range of litigation in both the Court of Session and the sheriff court, including real estate and insolvency litigation. He also had seats in the real estate and corporate recovery departments.
Alex completed his LLB at Glasgow University in 2014 and the Diploma in Professional Legal Practice at Edinburgh University in 2015. Before then, he studied German and English Language at Edinburgh University, during which time he spent a year studying in Vienna.
Alex’s interests lie primarily in the fields of commercial and public law. As a devil he also gained experience of planning. His principal devilmaster was Ampersand’s Laura-Anne van der Westhuizen.
He speaks fluent French and German and is well placed to undertake work involving consideration of documents in those languages.
On Alex’s arrival, Head Clerk Alan Moffat said “I am delighted that Alex has joined us. He comes with a great reputation from his time at a top firm and has been highly praised during his time on the devils course. I am very sure he will continue to impress at the Bar and expect him to be a great addition to the stable.”
In the first part of the time-honoured two-stage admission ceremony, the Dean of Faculty, Gordon Jackson, QC, said the public office of advocate carried real privileges and corresponding responsibilities.
“You have become part of a great national institution which has played, throughout its existence, a very significant role in the legal and cultural life of this nation. As a member of Faculty you will play your own particular part in the future of that institution,” he added.
In the second part of the ceremony, before Lord Clark in the Court of Session, Alex along with 6 other new calls made the declaration of allegiance.
Lord Clark said: “It is a genuine pleasure and a privilege to welcome you as members of the Faculty of Advocates and to congratulate you on this great achievement. The Faculty has long been an important and distinguished organisation. It has commonly attracted some of the ablest minds of each generation, and it continues to thrive.
“It is truly one of the great features of our society that the general public, businesses and other organisations have at their disposal people like you – independently-minded advocates who will take on and fight their causes.
“I very much hope that you thoroughly enjoy your work at the Bar and the camaraderie of your colleagues.”
Alex is a welcome addition to the depth of counsel on offer at Ampersand.
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Alexander Sutherland
Alex Sutherland practises in commercial law, public law (including judicial review and planning) and reparation. Selected cases are below.
He was an advocate depute, preparing and presenting cases in the High Court of Justiciary, from 2021 to 2024. He conducted over 30 trials in the High Court, including for murder, attempted murder, causing death by dangerous driving, possession of firearms and rape.
In March 2024 he was appointed as a standing junior to the Scottish Government.
In May 2020 he was appointed as a reporter for Session Cases. He contributed chapters on the sale of goods and (together with Ross Anderson) alternative dispute resolution for the second edition of Scots Commercial Law. He tutored Civil Court Practice as part of the Diploma in Professional Legal Practice at Edinburgh University in 2019 and 2020.
Before calling to the Bar, Alex trained with a commercial firm in Edinburgh. He completed his LLB at Glasgow University in 2014 and the Diploma in Professional Legal Practice at Edinburgh University in 2015. Before then, he studied German and English Language at Edinburgh University, during which time he spent a year studying in Vienna.
He speaks fluent German and French and is well placed to undertake work involving consideration of documents in those languages.
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