Ampersand welcome Brandon Malone

Ampersand is delighted to welcome Brandon Malone to the stable, following his calling to the Bar today.

Photo of Brandon MaloneOn Brandon’s arrival, Stable Director Euan Mackenzie KC, said: “I am delighted to welcome Brandon to Ampersand. He is a renowned lawyer with an impressive CV and accomplishments before coming to the Bar. He will be an asset to the Stable. I wish him all the best in his career as an Advocate”. Ampersand’s Practice Manager, Alan Moffat added “I am delighted to welcome our newest member of Ampersand. Brandon’s arrival brings the membership to 61 and the experience which he brings is a fantastic fit for Ampersand’s core areas of practice, including our increasing range of ADR offering. He will be a real asset to those looking to instruct counsel. I am sure that joining Ampersand will offer rewarding opportunities and collaborative support”.

Brandon calls to the Bar following thirty years’ experience as a commercial litigation solicitor, twenty of those years as a solicitor advocate.

Brandon is also Barrister authorised to practice in England and Wales, and has rights of audience before the DIFC Court, Dubai, UAE.

As a solicitor, Brandon specialised in construction and engineering law and international arbitration.  He is a Fellow of the Chartered Institute of Arbitrators, and an eminent Fellow of the Royal Institution of Chartered Surveyors.  He has wide ranging experience of construction, engineering, infrastructure and energy disputes.

Brandon has a particular interest in alternative dispute resolution.  He regularly sits as an arbitrator in domestic, UK and international cases, and is recommended as a global leader in arbitration by Who’s Who Legal.  He also sits as an adjudicator and expert determiner.  He is a FIDIC Certified Adjudicator (dispute board member) and a mediator registered with RICS, IMI and CMC.

Brandon also has significant experience of energy and technology disputes, and has dealt with a number of blockchain and cryptocurrency cases.  He Chairs the ICCA – New York City Bar – CPR Institute Working Group on Cybersecurity in International Arbitration.

For further information about Brandon’s practice view his profile here:

To instruct Brandon, please contact our Ampersand Clerking Team: ampersandclerks@advocates.org.uk.

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Brandon Malone

Brandon Malone called to the Bar in 2022 following thirty years’ experience as a commercial litigation solicitor, twenty of those years as a solicitor advocate.

Brandon is also Barrister authorised to practice in England and Wales, and has rights of audience before the DIFC Court, Dubai, UAE.

As a solicitor, Brandon specialised in construction and engineering law and international arbitration.  He is a Fellow of the Chartered Institute of Arbitrators, and an eminent Fellow of the Royal Institution of Chartered Surveyors.  He has wide ranging experience of construction, engineering, infrastructure and energy disputes.

Brandon has a particular interest in alternative dispute resolution.  He regularly sits as an arbitrator in domestic, UK and international cases, and is recommended as a global leader in arbitration by Who’s Who Legal.  He also sits as an adjudicator and expert determiner.  He is a FIDIC Certified Adjudicator (dispute board member) and a mediator registered with RICS, IMI and CMC.

He has appeared in numerous substantive hearings in the Sheriff Court, the Outer and Inner House, and before a variety of tribunals.

Brandon also has significant experience of energy and technology disputes, and has dealt with a number of blockchain and cryptocurrency cases.  He Chairs the ICCA – New York City Bar – CPR Institute Working Group on Cybersecurity in International Arbitration.

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Ampersand Advocates continues Top Rankings success in 2023 Chambers and Partners UK Bar Guide

Ampersand Advocates 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 2023.

Ampersand received 74 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 lawCivil Liberties & Human RightsCommercial Dispute Resolution, Construction, Personal InjuryProfessional NegligenceReal 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, “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.” Our rankings include 2 “Star Individuals”, Maria Maguire KC and David Stephenson KC, with 11 further silks and 6 juniors also ranked – Simon Bowie KCJamie Dawson KCSimon Di Rollo KCUna Doherty KCLisa Henderson KCVinit Khurana KCArchie MacSporran KC, Euan Mackenzie KC, Geoffrey Mitchell KCGraham Primrose KCLauren Sutherland KCFiona DrysdaleMark FitzpatrickJames McConnell, Jennifer Nicholson-White, Paul Reid and Phil Stuart.

Ampersand’s Band 1 listing in Planning & Environment states “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. One source notes that “the depth and breadth of expertise at the stable is first class””. Rankings include Malcolm Thomson KC as “Star Individual”, and Band 1 ranked Marcus McKay KCAilsa Wilson KC and Laura-Anne van der Westhuizen KC.

Band 2 listings include Administrative & Public Law where Ampersand is praised “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 KC, along with Ian Forrester KC, Douglas Ross KCLaura-Anne van der Westhuizen KCPaul Reid, Usman Tariq and Timothy Young.

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 KC, Douglas Ross KC and Usman Tariq.

In Commercial Dispute Resolution Chambers state Ampersand is “admired for its skilful work in high-profile commercial disputes. The stable offers a large team comprising highly rated advocates at the senior and junior levels. 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 KCGraeme Hawkes KCLaura-Anne van der Westhuizen KCRoss Anderson, Eoghainn MacLean, Giles ReidPaul ReidUsman 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. Jennifer Nicholson-White acted for the first defender in a claim brought by the pursuer who suffered a significant head injury while at work following a fall. 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. Interviewees report: “Ampersand offer counsel with strong expertise across a wide range of practice areas.” Another adds: “They provide consistently excellent and pragmatic advice.””

Rankings include “Star Individuals” Maria Maguire KC and Graham Primrose KC with others ranked Isla Davie KCSimon Di Rollo KCLisa Henderson KCEuan Mackenzie KCDouglas Ross KCAlan CowanChris Marney and Jenny Nicholson-White.

The Set ranking in Professional Negligence declares “Ampersand Advocates is a leading stable 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 MarneyPaul Reid and Usman Tariq.

In the Set ranking for 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 KCLaura-Anne van der Westhuizen KCRoss AndersonGiles Reid and Tim Young.

The Construction Set ranking states “Ampersand Advocates offers significant experience in advising clients in relation to a range of building and construction works in Scotland. The bench handles a variety of contractual, delays and construction disputes, also involving defects issues. Its advocates have notable expertise in adjudications and enforcement actions, as well as construction-related bond matters.”  Rankings include Robert Howie KC and Timothy 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 KC, David Sellar KC, Ross Anderson and Usman Tariq.

There are individual rankings in: Agriculture and Rural Affairs for Laura-Anne van der Westhuizen KC; Company for David Sellar KC and Tim Young; Employment for Aidan O’Neill KC; Information Technology and Intellectual Property for Usman Tariq; Product Liability for Paul Reid; and Tax for Ross Anderson.

The Ampersand clerks again receive wide praise across all areas of practice, noting “the service is always excellent and has been for years” and described as “one of the best stables to work with”.  The clekrs are noted as “a very professional team who also have the commercial reality required.” Further comments include: “The clerking team at Ampersand are always willing to help and are quick to respond to queries. If there is a complex or time-sensitive matter, they will do their utmost to assist in a timely manner… The clerks are wonderful, prompt and very friendly… The clerks know the advocates and their strengths and skill, and are great at managing their diaries… The clerks are responsive and willing to help. They will often go above and beyond the call of duty to find solutions to difficult situations.”

On the recent rankings, Practice Manager, Alan Moffat, said: “This is yet 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 out of their busy schedules to provide Chambers with their views. We work in collaboration with the profession and it is again pleasing to hear those that instruct our members recognise the value our members bring to the legal team. I am very proud of the excellent and hard work my team puts in every day and am pleased to see that appreciated too. We will continue to strive for excellence and the rankings provide insight into our success in achieving that aim.”

The full rankings can be viewed on the Chambers and Partners website here.

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Law and Technology Conference 2022

* External event hosting by Law Society of Scotland *

Ampersand’s Usman Tariq is one of the speakers at this conference. Usman will discuss “A legal minefield: comments on legal tech, IP law and the perspective of the courts”

Full programme and how to register can be found on the Law Society of Scotland’s website: Law and Technology Conference 2022 | Law Society of Scotland (lawscot.org.uk)

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Ampersand Advocates welcomes Ian Forrester QC back to practice

Ampersand Advocates is delighted to welcome back to practice Ian Forrester QC.

Mr Forrester is a renowned lawyer in European and Competition law and returns to practice following his appointment as the UK nominated Judge to the General Court of the European Union ending due to Brexit. He brings an unrivalled wealth of knowledge and experience for any instructions, and expects to concentrate on advisory and Arbitration work, including appointment as an Arbitrator.

On his return to Practice, Mr Forrester said: “It is fun to return to practice. When in Luxembourg, I discovered that my colleagues were well acquainted with the special status and history of Scots law. They were supportive and generous during the turbulent steps leading to Brexit, a political act which leaves unsettled dozens of important legal questions of great significance for many people in different walks of life. I look forward to re-entering the community of senior practitioners, assisted by my judicial experience.”

Stable Director Euan Mackenzie added: “Ian has had an illustrious career, including having spent five years as a Judge of the European Court of Justice. We are delighted to welcome a lawyer of Ian’s standing back to legal practice and have no doubt that his expertise in all matters relating to European law will be in high demand as the UK forges a new relationship with the EU.

You can view more details of Mr Forrester’s practice here: https://ampersandadvocates.com/people/ian-forrester/

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Ian S. Forrester KC LLD

Ian Forrester KC is a renowned practitioner in the field of European law, specialising in competition, intellectual property, customs, antidumping, pharmaceutical regulation, football, the precautionary principle, broadcasting, computer software and due process. He was educated and trained in Scotland, Louisiana, New York and Brussels and has been a member of the bars of Scotland, New York, England and Brussels.

Mr Forrester returned to practice in Scotland in 2021. From 2015 until 2020 he sat for the UK on the bench of the General Court of the European Union hearing about 200 cases concerning competition, access to documents, trademarks, plant varieties, public procurement, employment, and other European Union questions. His mandate came to an end with Brexit.

He has been an arbitrator in proceedings under the auspices of the International Chamber of Commerce, International Centre for the Settlement of Investment Disputes, Court of Arbitration for Sport and has argued cases before courts in Scotland, England, Belgium, Serbia and France, as well as the EFTA court, the ECtHR in Strasbourg, and the EU courts in Luxembourg. He has acted for a number of important entities, including BBC, Canon, DuPont, European Commission, Fujitsu, Intel, Liberal Democrat Party, Microsoft, Scottish Football Association, Toyota, UEFA, as well as a number of indigent prisoners.

He has extensive experience in arbitration or mediation matters, either as advocate for a party, or as expert witness on European law, or as arbitrator/ mediator, from 1983 to 2014, and since his departure from the General Court of the European Union in 2021. The arbitrations have mostly been conducted under the auspices of the ICC in Paris, or the CAS in Lausanne; and once before the ICSID in Washington. The ICC cases involved disputes about investment contracts, trade secrets, hotel construction, stolen technology, and a variety of other commercial conflicts. The CAS matters involved player transfers, treatment of injured players, broadcasting rights and the conduct of elections to governing bodies.

His leading competition cases include Magill (compulsory copyright licensing); Bosman (football transfers); Microsoft (computer servers); IMS (compulsory licensing); GlaxoSmithKline (parallel trade in pharmaceuticals); Les Laboratoires Servier (settlement of patent disputes); Chalkor/Halcor (due process and judicial review).

European Court of Human Rights cases concerned forcing a citizen to speak on pain of punishment even if the answer itself reveals punishable conduct (Al Fayed and Harrods: Fayed v The United Kingdom); press sources (Hans Martin Tillack v Belgium); prisoner’s rights (Kalashnikov v Russia); fair trial and right to property (Karic and Djordjevic v Serbia). He helped to achieve the liberation of Louis Henry Burns, an indigent prisoner, on appeal to the Second Circuit Court of Appeal from a conviction based upon a coerced confession.

During his practice he has been a consistently top ranked counsel by the leading Legal Directories in the UK and European editions of the guides. In the 2023 Chambers and Partners UK Bar Guide he is Band 1 ranked in Public Law matters. Chambers say: “Ian Forrester KC’s return to private practice is a highly significant development for the Scottish Bar. Until 2020 he sat for the UK on the bench of the General Court of the European Union. To the Faculty of Advocates he brings immense experience of legal practice in a host of areas including competition and international trade law.”

Further detail about his practice, visit: ianstewartforrester.com.

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