Society of Advocates in Aberdeen event
Ampersand advocates Lisa Henderson QC and Louise Milligan, Advocate on Quantum In Serious Injury Cases.
This session will cover some of the issues that arise in assessing quantum in serious injury cases – such as life expectancy, the Ogden Tables, care and case management costs etc.
See Society of Advocates in Aberdeen’s website for details here.
SAMANTHA EGAN and DIANE LATTO v GLASGOW CITY COUNCIL, [2019] SC EDIN 19
The pursuers were, respectively, a pupil support worker and a class teacher employed by the defenders at an additional support needs primary school. They were assigned to a primary 6 class of pupils. There were initially four pupils in the class all of whom frequently exhibited challenging behaviour, including spitting, scratching and biting. There were four members of staff assigned to the class (the pursuers and two other support workers). The pursuers reported repeated incidents involving the pupils (particularly hair pulling, scratching and spitting). Ultimately both pursuers were injured in incidents involving pupils, and they raised proceedings. SE raised one action and DL raised two actions. The actions were not formally conjoined, but all three actions were heard at a two-week proof diet.
The pursuers argued that the defenders had not provided a safe system of work, and in particular that the school risk assessments paid insufficient regard to transitions of pupils to and from the classroom. They also argued that the staff: pupil ratio was inadequately low. The defenders contended that the system was a reasonable one, and that challenging behaviour by the pupils and consequent risk to staff could never be eliminated.
Sheriff Fife held that the pursuers had failed to prove breach of duty or causation. The issue of transitions had been assessed in the risk assessments, and it could not be said that it had been assessed in an unreasonable way. The head teacher and deputy head had made decisions about staffing levels and it could not be said that the staff: pupil ratios were unreasonable.
James McConnell of Ampersand acted for the defenders. The full decision can be found here.
The pursuers were, respectively, a pupil support worker and a class teacher employed by the defenders at an additional support needs primary school. They were assigned to a primary 6 class of pupils. There were initially four pupils in the class all of whom frequently exhibited challenging behaviour, including spitting, scratching and biting. There were four members of staff assigned to the class (the pursuers and two other support workers). The pursuers reported repeated incidents involving the pupils (particularly hair pulling, scratching and spitting). Ultimately both pursuers were injured in incidents involving pupils, and they raised proceedings. SE raised one action and DL raised two actions. The actions were not formally conjoined, but all three actions were heard at a two-week proof diet.
The pursuers argued that the defenders had not provided a safe system of work, and in particular that the school risk assessments paid insufficient regard to transitions of pupils to and from the classroom. They also argued that the staff: pupil ratio was inadequately low. The defenders contended that the system was a reasonable one, and that challenging behaviour by the pupils and consequent risk to staff could never be eliminated.
Sheriff Fife held that the pursuers had failed to prove breach of duty or causation. The issue of transitions had been assessed in the risk assessments, and it could not be said that it had been assessed in an unreasonable way. The head teacher and deputy head had made decisions about staffing levels and it could not be said that the staff: pupil ratios were unreasonable.
James McConnell of Ampersand acted for the defenders. The full decision can be found here.
Faculty of Advocates in association with Rape Crisis Scotland
The Faculty and Rape Crisis Scotland are hosting a debate at 6pm on Wednesday, 28 November.
The motion will be “this house believes that prosecution in the public interest cannot deliver justice to rape complainers unless they have independent representation”. The debate will be hosted by the Gordon Jackson QC, Dean of Faculty. Ampersand’s Simon di Rollo QC and Professor Peter Duff, Aberdeen University Law School will speak in favour of the motion; Murdo Macleod QC and Clare Connelly, Advocate, will speak against the motion. The event will attract 1 hour of substantive law CPD.
Tickets are free and can be booked via Eventbrite here.
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 2019.
Ampersand received 56 listings across 17 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, Product Liability and Restructuring/Insolvency as a Set. 4 members are noted as “star individuals”.
Noted as a Band 1 set for Clinical Negligence, Ampersand has 16 rankings in this area. The guide says “Ampersand enjoys an excellent reputation in the field of Scottish clinical negligence litigation. It houses a large number of advocates who specialise in the pursuit and defence of clinical negligence cases, including both QCs and juniors. Matters commonly dealt with include brain and spinal injury claims as well as fatal accident inquiries. Members are skilled at handling high-profile group actions, such as the recent suits regarding vaginal mesh implants. Sources highlight the stable’s impressive offering in the area and the “great strength and depth” of its advocates.” The listing includes Maria Maguire QC as a “Star Individual”.
Band 2 listings include Administrative and Public law where Ampersand’s frequent level public law challenges across a wide range of practice areas noted. In Civil Liberties & Human Rights the Band 2 listing notes Ampersand as a “dynamic group of public law and human rights advocates” and that “Ampersand Advocates is particularly well known for advising on the ECHR and the intersection between UK and EU law.”
In Commercial Dispute Resolution it states “Ampersand Advocates offers a strong bench of versatile and well-regarded commercial dispute resolution practitioners. The stable houses a number of silks and juniors experienced in general commercial litigation, with proficiency in disputes concerning insolvency, professional negligence and construction in particular. Advocates are also noted for their abilities in contentious matters involving planning, commercial contracts and intellectual property, often representing large companies and financial institutions”. Ampersand’s Commercial expertise is further noted in Restructuring and Insolvency, which includes “Star Individual” David Sellar QC, stating Ampersand “Home to leading silks for restructuring and insolvency in Scotland. They are regularly instructed by insolvency administrators, directors and shareholders in a variety of matters ranging from the interaction of insolvency law with public regulatory schemes to allegations of wrongful trading. The advocates have good expertise in relation to jurisdictional matters.”
Ampersand’s Personal Injury work is again acknowledged with the guide noting “A well-reputed personal injury stable on the Scottish Circuit, noted for its expert handling of complex catastrophic injury and fatal claims on behalf of both pursuers and defenders. It is regularly instructed by several leading Scottish law firms, as well as major insurers and government agencies.” It also notes that our “members also have experience appearing before fatal accident inquiries, representing health boards, doctors and hospitals, as well as bereaved families and individuals. Ampersand’s advocates are regularly involved in high-value and complex personal injury claims, and have litigated cases in the Sheriff Courts, the Court of Session and the Supreme Court.” The listing includes Maria Maguire QC and Graham Primrose QC as “Star Individuals”.
In Planning and Environment it states “Ampersand Advocates includes a number of advocates who specialise in planning and environmental law. It excels in handling judicial reviews and planning challenges, and has substantive expertise in the communications, transport and energy sectors. Its clients include local councils, conservation bodies and developers.” This includes “Star Individual” Malcolm Thomson QC. Ampersand is also a Band 2 set in Product Liability stating “A prominent player in product liability matters, with additional bench strength in the areas of personal injury and professional liability. Members routinely act in cases involving defective medical devices and claims relating to industrial product liability. They are experienced in the representation of defenders and pursuers, both in individual cases and in group actions.”
The Clerks also receive high praise again stating “the clerking is excellent” noting “the clerking team is very responsive and experienced. The quality shines through.” and “team is very accommodating and helpful. The clerks respond to enquiries timeously”.
Ampersand’s full listings can be viewed on the Chambers and Partners website here.
Ampersand is delighted to be once again be recommended as a top-tier set by The Legal 500 UK Bar Directory in their latest listings for 2018 published today.
The guide says “Ampersand’s advocates attract praise for their ‘excellent depth and breadth of knowledge’ across a range of areas, particularly in the field of personal injury and clinical negligence. Practitioners also have expertise in planning, commercial, property and regulatory law. The ‘very user-friendly’ and ‘proactive’ Alan Moffat (‘when there are challenges he finds a solution’) leads the ‘efficient, friendly and helpful’ clerking team.”
Ampersand has 34 listings across 8 areas of practice in the Legal 500 UK 2018 guide.
Practitioners at Ampersand report an uptick in cases involving human rights matters, alongside public inquiry work and EU law cases. Members of the stable continue to act in the long-running Scottish Child Abuse Inquiry.
Aidan O’Neill QC – ‘Immensely intelligent and tremendous on his feet.’
Dorothy Bain QC – ‘Her practice covers the purview of civil and public law matters.’
Douglas Ross QC – ‘Intellectual, analytical, perceptive and thorough.’
Laura-Anne van der Westhuizen – ‘She is diligent and industrious.’
Ampersand’s practitioners are instructed across a broad spectrum of commercial disputes. Recent case highlights include up-and-coming junior Giles Reid appearing in the Court of Session in a matter relating to the enforcement of a judgment made in a Belgian court; the Court of Session found the enforcement of a demand for payment could not take place due to a lacunae in the law.
Alan Dewar QC – ‘Highly experienced across a range of commercial disputes.’
Craig Sandison QC – ‘A brilliant commercial silk.’
Robert Howie QC – ‘Exceptionally persuasive on his feet.’
Eoghainn MacLean – ‘Enthusiastic and conscientious.’
Giles Reid – ‘He has remarkable oral advocacy skills.’
Usman Tariq – ‘Very good on his feet.’
Ampersand’s advocates are instructed across a range of liquidation and insolvency matters, including director disqualifications, shareholder disputes and asset recovery matters.
David Sellar QC – ‘His knowledge of insolvency law is outstanding.’
Ampersand’s recent caseload includes unfair dismissal cases, TUPE and discrimination matters.
Russell Bradley – ‘He is proactive, commercial and precise.’
In 2017, Usman Tariq at Ampersand successfully represented the respondents in CCHG Ltd (t/a Vaporized) v Vapouriz, an appeal resulting from a dispute between two prominent UK e-cigarette retailers over their respective trade marks; this case marked the first time the Court of Session heard an appeal from the UK Intellectual Property Office under the Trade Marks Act 1994.
Craig Sandison QC – ‘His practice includes trade mark disputes and defamation matters.’
Usman Tariq – ‘He has the ear of the court.’
Ampersand has ‘excellent depth and breadth of knowledge’ across the medical negligence and personal injury fields, with members handling a broad range of matters including birth injuries, brain and spinal injuries, cerebral palsy claims, as well as fatal and catastrophic injuries.
David Stephenson QC – ‘Very well known for representing NHS bodies in clinical malpractice matters.’
Douglas Ross QC – ‘He has encyclopaedic legal knowledge.’
Euan Mackenzie QC – ‘Highly methodical and brilliant in court.’
Graham Primrose QC – ‘Very experienced in personal injury reparation cases.’
Lisa Henderson QC – ‘She is extremely hardworking, with extensive experience in high-value personal injury cases.’
Lauren Sutherland QC – ‘She is a very conscientious and personable silk.’
Maria Maguire QC – ‘A formidable advocate who commands respect.’
Simon Di Rollo QC – ‘An expert on clinical negligence matters.’
Archie MacSporran – ‘Recommended for cerebral palsy and brain injury cases.’
Brian Fitzpatrick – ‘A tenacious negotiator.’
Christian Marney – ‘Robust and intellectual.’
Fiona Drysdale – ‘Recommended for catastrophic injury cases arising from road traffic accidents and medical negligence.’
James Dawson – ‘He has a very analytical eye.’
Una Doherty – ‘A high-calibre advocate.’
Members of Ampersand have solid experience in planning and environmental law matters. Energy and infrastructure projects form core areas of instruction for the team, with recent cases pertaining to challenges to wind farm and power line developments.
Ailsa Wilson QC – ‘A resourceful and determined advocate.’
Malcolm Thomson QC – ‘He commands the respect of the bench.’
Marcus McKay QC – ‘He is very experienced in renewable energy matters.’
Laura-Anne van der Westhuizen – ‘A safe pair of hands.’
Practitioners at Ampersand have expertise in contractual matters as well as landlord and tenant disputes, among other areas.
Robert Howie QC – ‘He holds the ear of the judiciary.’
Eoghainn MacLean – ‘A very meticulous advocate.’
Full listings can be viewed here.
