Fenrir Thorvaldsen v Dundee City Council [2021] CSOH 120
Court of Session action where an employee sued his employers for over £280,000 following an accident at work.
Liability for a wooden partition falling and striking the pursuer on the head, rendering him briefly unconscious, had been admitted at an early stage in the proceedings.
The defenders’ case was that the pursuer’s injuries were limited to a minor head injury and associated post-concussive symptoms, all which resolved within, at most, 7 weeks.
The pursuer claimed that his symptoms have never resolved, that he suffers from debilitating headaches and an exacerbation of his poor mental health as a result of the accident.
The Court agreed with the defenders that the pursuer had suffered a minor head injury and post-concussion syndrome lasting, at most, 7 weeks. Damages were restricted to solatium for a minor head injury and services totaling £5,250 plus interest.
Jennifer Nicholson for defender, instructed by Gillespie Macandrew LLP
Opinion of Lord Harrower can be found here.
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Ampersand Advocates welcomes Top Rankings success in latest Chambers and Partners UK Bar Guide 2022
Ampersand 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 2022.
Ampersand received 68 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 law, Civil Liberties & Human Rights, Commercial Dispute Resolution, Personal Injury, Professional Negligence, Real 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, “Ampersand Advocates 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, and several of its advocates have recently been involved in the Scottish Mesh Litigation, a class action in which over 500 claims were brought against the NHS in connection with allegedly defective vaginal mesh. Our rankings include 2 “Star Individuals”, Maria Maguire QC and David Stephenson QC, with 10 further silks and 7 juniors also ranked – Simon Bowie QC, Jamie Dawson QC, Simon Di Rollo QC, Una Doherty QC, Lisa Henderson QC, Vinit Khurana QC, Archie MacSporran QC, Geoffrey Mitchell QC, Graham Primrose QC, Lauren Sutherland QC, Fiona Drysdale, Mark Fitzpatrick, James McConnell, Paul Reid and Phil Stuart.
Ampersand’s new Band 1 listing in Planning & Environment states “Ampersand is a leading stable with a strong offering of advocates in both the junior and senior ranks.” and “Ampersand Advocates is 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. Rankings include Malcolm Thomson QC as “Star Individual”, Marcus McKay QC, Ailsa Wilson QC and new silk Laura-Anne van der Westhuizen QC.
Band 2 listings include Administrative & Public Law where Ampersand is praised “houses 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 QC, along with Douglas Ross QC, Laura-Anne van der Westhuizen QC, Paul Reid and Usman Tariq.
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 QC, Douglas Ross QC and Usman Tariq.
In Commercial Dispute Resolution Chambers state Ampersand is “well renowned for its consistent involvement in high-profile commercial disputes. The stable offers a large team comprising highly rated advocates at the senior and junior level. 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 QC, Graeme Hawkes QC, Laura-Anne van der Westhuizen QC, Ross Anderson, Giles Reid, Paul Reid, Usman 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. 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.” Rankings include “Star Individuals” Maria Maguire QC and Graham Primrose QC with others ranked Isla Davie QC, Simon Di Rollo QC, Lisa Henderson QC, Euan Mackenzie QC, Douglas Ross QC, Alan Cowan, Chris Marney, Jenny Nicholson, Louise Milligan.
A new Set ranking in Professional Negligence declares “Ampersand Advocates is recognised as a leading set 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 Marney, Paul Reid and Usman Tariq.
In another new Set ranking area, 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 QC, Laura-Anne van der Westhuizen QC, Ross Anderson, Giles Reid and Tim 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 QC, Ross Anderson and Usman Tariq.
There are individual rankings in: Agriculture and Rural Affairs for Laura-Anne van der Westhuizen QC; Company for Tim Young; Employment for Aidan O’Neill QC; Immigration for Alan Dewar QC; Information Technology and Intellectual Property for Usman Tariq; Product Liability for Paul Reid; and Tax for Ross Anderson.
The Ampersand clerks receive wide praise across all areas of practice described as “fantastic and always very helpful… approachable and knowledgeable….Very efficient and pleasant.” The client service is also noted as “ahead of the curve in terms of its responsiveness and use of technology” and notes Ampersand “was the first Scottish stable to offer video conferencing.”
On the recent rankings, Practice Manager, Alan Moffat, said: “This is 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 to provide Chambers with their views. We work in collaboration with the profession and it is pleasing to hear those that instruct our members recognise the value our members bring to the legal team. I am also proud of the excellent and hard work my team puts in daily and am pleased to see that appreciated too.”
The full rankings can be viewed on the Chambers and Partners website here.
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