Ampersand Advocates ranked as top tier set by Legal 500

Ampersand is delighted to once again be recommended as a top-tier set by The Legal 500 UK Bar Directory in their latest listings for 2021. Listed as tier 1 in 3 areas and tier 2 in another, Ampersand has collected 14 Senior Counsel rankings, 19 Junior Counsel rankings, including 5 rising stars, across the Scottish Bar listings.

Administrative and Public Law

TIER 1

Ampersand Advocates features a number of highly in-demand advocates across public law work. Aidan O’Neill QC – who is also a member of Matrix Chambers in London and is well-known for his EU law expertise – represented the pursuer in Keatings v Advocate General, a case brought by a supporter of Scottish independence seeking declaration that the devolved Holyrood parliament has the power to declare independence. Douglas Ross QC continues to be the only Scottish advocate on the Attorney-General’s Public International Law panel. Turning to the stable’s juniors, Paul Reid is First Standing Junior (a role not dissimilar to the Treasury Devil in England when the role was held by a junior pre-2006), Ross Anderson is recognized for his tax law expertise. Dorothy Bain QC was appointed as Lord Advocate. Ranked individuals are: Aidan O’Neill QC, Douglas Ross QC, Vinit Khurana QC, Laura-Anne van der Westhuizen QC, Paul Reid, Ross Anderson, Usman Tariq and Tim Young. Rising Stars noted are: Mark Boni and Michael Way.

Stable Testimonials

‘They have excellent senior counsel who can be called upon in the most challenging of cases even at short notice, as well as experienced juniors. Their flexibility and forward-thinking approach to technology has made instructing seamless even during the difficulties of the pandemic.’

‘Ampersand has a wide ranging practice, and therefore can always recommend suitable advocates.’

Commercial Disputes

TIER 2

Ampersand Advocates is home to a team of civil litigation advocates adept at advising on a range of commercial disputes and IP/TMT-related work. Unled, Eoghainn MacLean represented Rangers in its dispute with the SPFL as to the termination of the 2019-20 season. Elsewhere in the stable, Paul Reid has notable expertise in professional negligence work, while Usman Tariq continues to excel in technology-related work – in one matter, he acted for Sony concerning leaked images, originally hacked in Scotland, of then-upcoming AAA video game The Last of Us 2. Recent news includes the elevation of Laura-Anne Van Der Westhuizen QC to silk in the 2021 round; Craig Sandison QC (as was) is now a Senator of the College of Justice; and Dorothy Bain QC was appointed Lord Advocate (the chief legal officer of the Holyrood government). Ranked individuals are: Ranked individuals are: Alan Dewar QC, Robert Howie QC, Graeme Hawkes QC, Laura-Anne van der Westhuizen QC, Paul Reid, Ross Anderson, Eoghainn MacLean, Chris Marney, Usman Tariq and Tim Young. Rising Stars noted are: Mark Boni and Michael Way.

Stable testimonials

‘I have the highest regard for Ampersand as a stable. Interacting with all members of chambers, I have the sense I was dealing with advocates at the top of their game, in terms of their grip on the law and sheer insight.’

‘I only use commercial litigation advocates as that is the focus of my practice, but in so far as Ampersand offers commercial litigation advocates, they generally have a range of possible candidates of varying levels of experience.’

Personal Injury and Medical Negligence

TIER 1

Ampersand Advocates is active in a range of heavyweight personal injury and medical negligence litigation, with to some extent a focus on the latter, an area in which it is instructed by Scotland’s leading pursuer firms as well as defenders. Douglas Ross QC is active in both these areas, and in the personal injury field, he has a following in pursuer-side work concerning workplace incidents. Graham Primrose QC and Simon Bowie QC are instructed for the NHS in the mesh implant class action litigation. Vinit Khurana QC, who is also a member of 2 Temple Gardens in England, is thought to be the only doctor-turned-advocate in practice in Scotland. Medical regulatory work is another area of expertise for the team. Alan Dewar QC, David Stephenson QC, Euan Mackenzie QC, Geoff Mitchell QC, Graham Primrose QC, Lisa Henderson QC, Maria Maguire QC, Simon Bowie QC, Douglas Ross QC, Una Doherty QC, Vinit Khurana QC, Archie MacSporran QC, James McConnell, Fiona Drysdale and Jennifer Nicholson. Rising Star noted: Shane Dundas.

Stable Testimonials

‘The stable has a great selection of advocates with very specialist medical negligence experience. I have never had an issue with availability of counsel.’

‘They provide annual training on clinical negligence which is always helpful. Very helpful clerking team. Good range of expertise.’

Property, Planning and Construction

TIER 1

Ampersand Advocates handles a lot of work concerning the use of space, with many areas crossing over with its public law and commercial expertise. Eoghann Maclean represents the Duke of Argyll in a £7m claim against the Ministry of Defence concerning large quantities of unexploded WW2-era ordinance in his forest, which there was an allegedly bungled attempt to clear in the 1970s, while Laura-Anne Van Der Westhuizen QC – a 2021 silk appointment – is particularly active in work concerning planning and rural property. Malcolm Thomson QC has been active in work concerning the Electronic Communications Code, which underpins the UK-wide legal framework for physical telecoms infrastructure. Ranked individuals are: Robert Howie QC, Marcus McKay QC, Malcolm Thomson QC, Ailsa Wilson QC, Laura-Anne van der Westhuizen QC, Eoghainn MacLean, Chris Marney, Tim Young, Ross Anderson, Giles Reid. Rising Star noted: Alex Sutherland.

Stable Testimonials

‘The stable has a full breadth of advocates at all levels of experience with expertise over a broad area of law.’

‘Ampersand is a leading stable with a strong offering of advocates in both the junior and senior ranks across a variety of practice areas. The offering for planning and environmental matters is particularly strong, and includes some of the most impressive advocates in this area.’

Employment

Aidan O’Neill QC ‘His forte is in debating the court – he is never satisfied with the final version of an argument and is always looking to improve it.’

Full listings, including all individual rankings can be viewed on the Legal 500 website here.

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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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B v Sailors’ Society; C v Sailors’ Society [2021] CSOH 62

Dismissal of historic abuse claim under new time bar provisions because a fair trial was not possible. The first Court of Session guidance on the interpretation of the new provisions.

Opinion of Lady Carmichael can be viewed here.

Paul Reid of Ampersand as junior counsel with Alastair Duncan QC, instructed by Clyde & Co, for the defender.

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Judgment in RTA claim offering guidance on apportionment between insurers and health care providers issued

Lady Wise has today issued her judgment in Widdowson v Liberty Insurance. It offers guidance on apportionment between the insurers of a driver who caused a fatal RTA and the health care providers who admitted breach of duty in respect of the care one of the victims of the accident received. Lady Wise held that the driver should bear by far the greatest share of the blame for what happened and apportioned 70% of the liability to his insurers. The remaining liability was split equally between the two health boards. Lady Wise also offered helpful guidance on the extent to which expert evidence can be led about the extent of any departure from normal practice by medical professionals, holding that expert evidence about the extent of fault was not admissible.

Ampersand’s Lauren Sutherland, QC represented the pursuers; Michael Stuart, QC and Jenny Nicholson represented the first defenders; David Stephenson, QC represented the second defenders; and Paul Reid represented the third defenders.

The judgment is available here

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

Ampersand has 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 2021.

Ampersand received 58 listings across 14 areas of practice, ranking as top tier (band 1) in Clinical Negligence as a Set, and band 2 in Administrative & Public law, Civil Liberties & Human Rights, Commercial Dispute Resolution, Planning & Environment, Personal Injury and Restructuring/Insolvency as a Set. 5 members are noted as “star individuals”.

Noted as a Band 1 set for Clinical Negligence, “Ampersand Advocates retains its reputation as a market-leading stable for clinical negligence matters, garnering praise from instructing solicitors who describe it as “a well-organised stable with a good range of excellent advocates.” 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 multi-party 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 9 further silks and 6 juniors also ranked – Simon Bowie QC, Jamie Dawson QC, Simon Di Rollo QC, Una Doherty QC, Lisa Henderson QC, Vinit Khurana QC, Geoffrey Mitchell QC, Graham Pimrose QC, Lauren Sutherland QC, Fiona Drysdale, Mark Fitzpatrick, Archie MacSporran, James McConnell, Paul Reid and Phil Stuart.

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 and Paul Reid.

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 and Douglas Ross QC.

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, Craig Sandison QC, Ross Anderson, Graeme Hawkes, Giles Reid, Paul Reid, Usman Tariq and Tim Young.

Within Personal Injury Ampersand “houses a number of dedicated senior and junior advocates, and instructing solicitors praise the “strength and depth of counsel available at the stable.” 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 RTAs and workplace accidents. The team is also well regarded for its expertise in complex product liability and occupier’s 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 other ranked Dorothy Bain QC, Isla Davie QC, Simon Di Rollo QC, Lisa Henderson QC, Douglas Ross QC, Chris Marney and Louise Milligan.

Ampersand’s strong Planning & Environment team was recognised as “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 the public inquires into the development of the former Royal High School in Edinburgh and the proposed Coul Links golf course development. One source says: “The chambers is excellent in terms of the calibre of advocates.””. Rankings include Malcolm Thomson QC as “Star Individual”, Marcus McKay QC, Ailsa Wilson QC and Laura-Anne van der Westhuizen.

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 and Usman Tariq.

There are individual rankings in Real Estate for Robert Howie QC, Craig Sandison QC, Ross Anderson, Giles Reid and Tim Young; Agriculture and Rural Affairs for Laura-Anne van der Westhuizen; Employment for Russell Bradley, Information Technology and Intellectual Property for Usman Tariq; Professional Negligence for Chris Marney and Paul Reid; and Tax for Ross Anderson.

The Ampersand clerks receive wide praise being described as “professional, friendly and accommodating at all times…. very responsive… they make every effort to accommodate almost impossible demands” and that Ampersand “is an extremely well run and efficient stable”.

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

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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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