Scott Clair

Since calling to the Bar as a Lord Hope Scholar in 2022, Scott Clair has built a strong practice anchored around professional liability, commercial litigation and public law. In 2024, he was appointed as Standing Junior Counsel to the Advocate General for Scotland (UK Government). In that capacity, he has advised and represented the UK Government in respect of a broad range of matters, ranging from a judicial review in relation to immigration law, to director’s disqualification proceedings.

Scott also has particular interest and experience in professional liability and regulation (especially claims against solicitors, advocates and healthcare professionals). As well as conducting litigation on behalf of professionals, he has appeared before fitness to practice panels. Scott is regularly instructed by the NHS in Scotland to advise on a wide range of matters, including clinical negligence claims, fatal accident inquiries and advice in relation to statutory and regulatory compliance. He has also carried out work as an ad hoc junior counsel to the Scottish Hospitals Inquiry. Although predominantly instructed on behalf of defenders, Scott also has experience of pursuing claims on behalf of pursuers (professional liability, commercial and property litigation). He regularly appears in the Court of Session and other courts and tribunals. He has appeared in several appeals and has appeared a number of times as sole counsel before the Inner House of the Court of Session.

Scott has tutored in a range of subjects, including public law, delict, commercial law, and evidence at the University of Edinburgh. He continues to retain an interest in legal education, as an accredited instructor for the Faculty of Advocates’ training for devils programme.

Scott is also a reporter for Session Cases, the most authoritative law reports in Scotland. He is also a member of the Faculty of Advocates’ Law Reform Committee and in that capacity has assisted with the preparation of consultation responses to the Scottish Government on behalf of the Faculty.

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Katharine Muir

Katharine Muir called to the Bar in 2022 after 6 years as a solicitor in private practice. 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.

 

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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 at the Scots Bar in 2021. From 2015 until 2020 he was the judge from the UK on 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, counsel, and expert Arbitral 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 the Advocate General’s panel of Nominated Presenting Officers to the Home Office 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 called to the Bar in 2020 having worked in one of Scotland’s leading litigation firms.

He has a broad civil practice with a particular focus on medical and professional negligence, and commercial dispute resolution (with his experience concentrating on commercial contract disputes, property disputes, contentious construction and insurance).

He also has an interest in media law and insolvency issues and has extensive experience of public inquiries.

Euan was appointed as Standing Junior Counsel to the Scottish Government in 2022

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