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 before the Sheriff Courts, the Sheriff Appeal Court, the Court of Session (both Outer House and Inner House), and 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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Katharine Muir

Katharine Muir called to the Bar in 2022 after 6 years as a solicitor in private practice. As a solicitor Katharine appeared regularly in the Sheriff Courts, where she gained considerable experience of running proofs and conducting contentious hearings.

Katharine’s principal area of practice is in commercial law. She has a particular interest in product liability. As a solicitor and while devilling, she worked on some of the most high-profile product liability cases in Scotland. She has also advised manufacturers on product compliance and safety, labelling and advertising.

Katharine also has experience in regulatory crime, particularly health and safety, anti-bribery and corruption, healthcare regulation and fatal accident inquiries. During her period of devilling, Katharine gained experience in judicial review, defamation, and professional and clinical negligence.

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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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Mary Ellen Stewart

Mary Ellen Stewart called to the Bar in 2021, after training and qualifying with Brodies LLP, and latterly working there as a senior solicitor.

As a solicitor, Mary Ellen had a busy practice dealing with a broad range of commercial disputes. Her practice had a particular focus on commercial contracts, banking and finance, insolvency and professional liability litigation. When in private practice, Mary Ellen appeared in the Sheriff Courts and instructed Counsel in Court of Session cases.

Mary Ellen has a particular interest in professional liability and regulation. She also has an interest in maritime and shipping law, and is the Advocate member of the Law Society of Scotland’s Marine Law Sub-Committee. Mary Ellen is also a part-time tutor of Contract Law and Unjustified Enrichment at Edinburgh University.

Mary Ellen was appointed to junior panel of Standing Junior Counsel to the Advocate General for Scotland in 2021.

Mary Ellen is fluent and fully literate in Scottish Gaelic and is well placed to undertake work involving consideration of documents in Gaelic.

 

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Euan Scott

Euan Scott has significant experience across a wide range of civil litigation. He has a particular focus on commercial dispute resolution (with his experience concentrating on commercial contract disputes, professional liability, property disputes, contentious construction and insurance). He also has experience of insolvency cases and public inquiries. He has experience both pursuing and defending and has acted for individuals, professionals, private companies and insurers.

During his period of devilling, he developed further experience in those areas. He was also involved in a range of cases involving allegations of clinical negligence (including related regulatory proceedings) and a broad spectrum of public law disputes.

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