“Ampersand’s advocates attract praise for their ‘excellent depth and breadth of knowledge’” – 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 2018 published today.
The guide says “Ampersand’s advocates attract praise for their ‘excellent depth and breadth of knowledge’ across a range of areas, particularly in the field of personal injury and clinical negligence. Practitioners also have expertise in planning, commercial, property and regulatory law. The ‘very user-friendly’ and ‘proactive’ Alan Moffat (‘when there are challenges he finds a solution’) leads the ‘efficient, friendly and helpful’ clerking team.”
Ampersand has 34 listings across 8 areas of practice in the Legal 500 UK 2018 guide.
Civil liberties, human rights, public inquiries, and public and administrative law (including local government)
Practitioners at Ampersand report an uptick in cases involving human rights matters, alongside public inquiry work and EU law cases. Members of the stable continue to act in the long-running Scottish Child Abuse Inquiry.
Aidan O’Neill QC – ‘Immensely intelligent and tremendous on his feet.’
Dorothy Bain QC – ‘Her practice covers the purview of civil and public law matters.’
Douglas Ross QC – ‘Intellectual, analytical, perceptive and thorough.’
Laura-Anne van der Westhuizen – ‘She is diligent and industrious.’
Commercial litigation
Ampersand’s practitioners are instructed across a broad spectrum of commercial disputes. Recent case highlights include up-and-coming junior Giles Reid appearing in the Court of Session in a matter relating to the enforcement of a judgment made in a Belgian court; the Court of Session found the enforcement of a demand for payment could not take place due to a lacunae in the law.
Alan Dewar QC – ‘Highly experienced across a range of commercial disputes.’
Craig Sandison QC – ‘A brilliant commercial silk.’
Robert Howie QC – ‘Exceptionally persuasive on his feet.’
Eoghainn MacLean – ‘Enthusiastic and conscientious.’
Giles Reid – ‘He has remarkable oral advocacy skills.’
Usman Tariq – ‘Very good on his feet.’
Company and insolvency
Ampersand’s advocates are instructed across a range of liquidation and insolvency matters, including director disqualifications, shareholder disputes and asset recovery matters.
David Sellar QC – ‘His knowledge of insolvency law is outstanding.’
Employment
Ampersand’s recent caseload includes unfair dismissal cases, TUPE and discrimination matters.
Russell Bradley – ‘He is proactive, commercial and precise.’
Intellectual property, information technology and media
In 2017, Usman Tariq at Ampersand successfully represented the respondents in CCHG Ltd (t/a Vaporized) v Vapouriz, an appeal resulting from a dispute between two prominent UK e-cigarette retailers over their respective trade marks; this case marked the first time the Court of Session heard an appeal from the UK Intellectual Property Office under the Trade Marks Act 1994.
Craig Sandison QC – ‘His practice includes trade mark disputes and defamation matters.’
Usman Tariq – ‘He has the ear of the court.’
Personal injury and medical negligence
Ampersand has ‘excellent depth and breadth of knowledge’ across the medical negligence and personal injury fields, with members handling a broad range of matters including birth injuries, brain and spinal injuries, cerebral palsy claims, as well as fatal and catastrophic injuries.
David Stephenson QC – ‘Very well known for representing NHS bodies in clinical malpractice matters.’
Douglas Ross QC – ‘He has encyclopaedic legal knowledge.’
Euan Mackenzie QC – ‘Highly methodical and brilliant in court.’
Graham Primrose QC – ‘Very experienced in personal injury reparation cases.’
Lisa Henderson QC – ‘She is extremely hardworking, with extensive experience in high-value personal injury cases.’
Lauren Sutherland QC – ‘She is a very conscientious and personable silk.’
Maria Maguire QC – ‘A formidable advocate who commands respect.’
Simon Di Rollo QC – ‘An expert on clinical negligence matters.’
Archie MacSporran – ‘Recommended for cerebral palsy and brain injury cases.’
Brian Fitzpatrick – ‘A tenacious negotiator.’
Christian Marney – ‘Robust and intellectual.’
Fiona Drysdale – ‘Recommended for catastrophic injury cases arising from road traffic accidents and medical negligence.’
James Dawson – ‘He has a very analytical eye.’
Una Doherty – ‘A high-calibre advocate.’
Planning, environmental and licensing
Members of Ampersand have solid experience in planning and environmental law matters. Energy and infrastructure projects form core areas of instruction for the team, with recent cases pertaining to challenges to wind farm and power line developments.
Ailsa Wilson QC – ‘A resourceful and determined advocate.’
Malcolm Thomson QC – ‘He commands the respect of the bench.’
Marcus McKay QC – ‘He is very experienced in renewable energy matters.’
Laura-Anne van der Westhuizen – ‘A safe pair of hands.’
Property, construction and agriculture
Practitioners at Ampersand have expertise in contractual matters as well as landlord and tenant disputes, among other areas.
Robert Howie QC – ‘He holds the ear of the judiciary.’
Eoghainn MacLean – ‘A very meticulous advocate.’
Full listings can be viewed here.
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Landmark case for Trade Union Law Firm and Ampersand’s Dorothy Bain Q.C.
On 8th February 2018 Ampersand Advocates Dorothy Bain Q.C. appeared at Dundee Sheriff Court for Unionline Scotland, winning a landmark case on behalf of a care worker for the rescission of a temporary suspension order imposed on him. The full article from the Scottish Legal News can be found here.
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Kathryn Ferguson
Kathryn Ferguson joined Ampersand in 2018 and has completed Paralegal qualifications in both Conveyancing and Wills and Executries. Prior to joining the team Kathryn worked for a global law firm supporting the Commercial Real Estate and Litigation teams.
Kathryn brings a can-do approach and is always willing to assist in all aspects of instructing counsel.
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UKSC dismisses Secretary of State’s appeal on whether employees of embassies could have the provisions of the State Immunity Act 1978 disapplied to allow bringing EU law based employment claims before Employment Tribunal
Benkharbouche v Secretary of State for Foreign & Commonwealth Affairs; Libya v Janah [2017] UKSC 62
The UK Supreme Court unanimously dismissed the Secretary of State’s appeal and affirmed the order of the Court of Appeal in a judgment handed down today.
The case concerned the Convention compatibility, and separately the EU law compatibility of the granting of immunity from suit to foreign embassies (under the provisions of the State Immunity Act 1978) against all and any claims brought against them before the Employment Tribunal by former employees. The Court held that in order to provide an effective remedy to the employees against their former employers as required by Article 47 of the EU Charter of Fundamental Rights the relevant provisions of the State Immunity Act 1978 had to be disapplied, but only in relation to such of their claims which fell within the ambit of EU law (claims for discrimination, harassment and breach of the Working Time Regulations). These were remitted to proceed before the Employment Tribunal and be determined on their merits. But in respect of those claims which were based solely on national law without an EU law underpinning (failure to provide payslips or a contract of employment, unpaid wages, failure to pay the national minimum wage and unfair dismissal) the employees continued to be barred from running them by 4(2)(b) and 16(1)(a) of the State Immunity Act 1978, notwithstanding that the Court found that their exclusion from the employment tribunal in respect of these claims was Convention incompatible (both under reference to Article 6 ECHR on its own and Article 6 ECHR read with Article 14 ECHR), and made a declaration to this effect under Section 4 of the Human Rights Act 1998.
The high doctrine of Parliamentary sovereignty proclaimed in Miller means that without an EU law element the claimants in Benkharbouche had no effective remedy. And Clause 5(4) provides bluntly that “The Charter of Fundamental Rights is not part of domestic law on or after exit day” a provision softened only by the immediately succeeding terms of Clause 5(5) which provide that:
“(5) Subsection (4) does not affect the retention in domestic law on or after exit day in accordance with this Act of any fundamental rights or principles which exist irrespective of the Charter (and references to the Charter in any case law are, so far as necessary for this purpose, to be read as if they were references to any corresponding retained fundamental rights or principles).”
This case follows from the companion case of UNISON where the imposition of fees by the executive re access to employment tribunals was struck down as unlawful and in breach of the common law constitutional right of access to the court, highlighting the EU law effective remedy.
Ampersand’s Aidan O’Neill QC acted for the intervener, the AIRE centre.
Full judgment here, press summary here and link to watch the hearing here.
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Benkharbouche v Secretary of State for Foreign & Commonwealth Affairs; Libya v Janah [2017] UKSC 62
On appeal from [2015] EWCA Civ 33
These cases considered whether granting immunity from suit under the State Immunity Act 1978 engages, and breaches, the Respondents’ rights under the ECHR and EU Charter. The claimants issued various claims in the employment tribunal following their dismissal from positions within the London Embassy, working for Sudan and Libya, which both claimed immunity from suit.
The Supreme Court unanimously dismissed the Secretary of State’s appeal and affirmed the order of the Court of Appeal. The State Immunity Act 1978, s 4(2)(b) and 16(1)(a) would not apply to the claims derived from EU law discrimination, harassment and breach of the Working Time Regulations. Under the State Immunity Act 1978, s 4(2)(b), a person’s nationality and residence at the date of the employment contract were not deemed proper grounds for denying a person access to the courts in respect of their employment in this country. Similarly, the Court rejected the argument that absolute immunity applied in relation to the employment of embassy staff under the State Immunity Act 1978, s 16(1)(a) and under customary international law. Both s 4(2)(b) and 16(1)(a) of the 1978 Act which confer immunity in English law were held to be incompatible with the ECHR, art 6 and also the EU Charter of Fundamental Rights. EU law prevails over English law in the event of conflict and thus both cases were to be remitted to the Employment Tribunal to determine the claims based on EU law on their merits. The Court rejected the Secretary of State’s arguments based on state immunity and held that whilst there was a long-standing consensus of states in favour of immunity, there had never been sufficient international consensus for an absolute rule in customary international law. A Court could identify a rule of customary international law only if enough states follow a consistent practice, on the footing that it is a legal obligation.
For judgment, please download: [2017] UKSC 62
For Court’s press summary, please download: Court’s Press Summary
To watch the hearing, please visit: Supreme Court Website (6 Jun 2017 afternoon session)
(7 Jun 2017 morning session) (7 Jun 2017 afternoon session) (8 Jun 2017 morning session)
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“Ampersand houses ‘an excellent group’ of advocates” – Strong showing for Ampersand in latest Legal 500 listings
Ampersand is delighted to be once again be recommended as a top-tier set by The Legal 500 UK Bar Directory.
The guide says “Ampersand houses ‘an excellent group’ of advocates, who handle a broad spectrum of practice areas, including commercial, planning, property and public law. The stable is particularly noted, however, for its very strong personal injury and clinical negligence team.”
32 Ampersand advocate’s are listed in The Legal 500 UK 2017 guide to outstanding counsel published on 11 October 2017.
Civil liberties, human rights, public inquiries, and public and administrative law (including local government) – Civil liberties, human rights, public inquiries, and public and administrative law (including local government) – Leading silks
– Aidan O’Neill QC A natural orator.
– Dorothy Bain QC Hardworking, determined and confident in court
– Douglas Ross QC Very intelligent and personable.
– Laura-Anne van der Westhuizen Very bright and a pleasure to work with.
Commercial litigation
– Alan Dewar QC A formidable practitioner.
– Craig Sandison QC A standout silk.
– Robert Howie QC An incredibly bright and extremely talented silk.
– Ronald Clancy QC Highly recommended for a broad spectrum of commercial cases.
– Eoghainn MacLean Determined in court.
Company and insolvency
– David Sellar QC A first-choice silk for complex company and insolvency matters.
Employment – Employment
– Russell Bradley Very experienced in TUPE, restrictive covenants and whistleblowing cases.
Intellectual property, information technology and media
– Craig Sandison QC Brilliantly clever and tenacious in court.
– Usman Tariq He has considerable experience on his feet.
Personal injury and medical negligence
– David Stephenson QC He is great to work with due to his unflappable demeanour.
– Euan Mackenzie QC A meticulous silk with a first-class intellect.
– Graham Primrose QC He has impressive technical knowledge.
– Hugh Campbell QC Very experienced across the spectrum of disease and injury cases.
– Lauren Sutherland QC A highly dedicated silk.
– Lisa Henderson QC She has fantastic attention to detail and notable client empathy.
– Maria Maguire QC Her remarkable grasp of the facts enhances her focus on a case.
– Simon Di Rollo QC A very effective court performer.
– Archie MacSporran Very experienced in complex and high-value clinical negligence cases.
– Christian Marney Well known for acting in personal injury matters.
– Fiona Drysdale Hardworking with a very detailed approach.
– James Dawson He has a sound understanding of complex scientific material.
– Una Doherty Reliable and well organised
Planning, environmental and licensing
– Ailsa Wilson QC Highly experienced in regulatory environmental disputes.
– Malcolm Thomson QC A patrician of planning law.
– Marcus McKay QC Recommended for cases involving renewable energy.
– Laura-Anne van der Westhuizen Painstaking and great with clients.
Property, construction and agriculture
– Christopher Haddow QC Recommended for a broad range of property matters.
– Robert Howie QC A go-to silk for construction law matters.
– Eoghainn MacLean Willing to explore every possibility to assist his clients.
Full listings can be viewed here.
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