Inquiry into former Royal High School, Edinburgh

Public inquiry upheld the refusal of planning applications to turn Edinburgh’s former Royal High School into a hotel.

Scottish Ministers issued their decisions on the four planning and listed building consent appeals in relation to the proposed redevelopment.

The former Royal High School is a category A listed building of international importance. It is prominently sited on the southern slope of Calton Hill, which is included in the national Inventory of Gardens and Designed Landscapes. The site is within the Old and New Towns of Edinburgh World Heritage Site, and the New Town Conservation Area.

Plans for two separate schemes for the redevelopment of the former school as a luxury hotel were submitted by Duddingston House Properties and Urbanist Hotels to the City of Edinburgh Council. Each of the proposed developments would have involved internal and external alterations to the principal former Royal High School building and pavilions (referred to as the Hamilton building, after its architect Thomas Hamilton), the addition of two large extensions and the demolition of ancillary buildings.

The Council refused the applications and developers appealed. The Scottish Ministers directed that they would determine the appeals because they raised issues of national importance in terms of potential impacts on the historic environment, including the Old and New Towns of Edinburgh World Heritage Site, and in relation to potential economic and tourism benefits. The appeals were considered by means of public inquiry and hearing sessions, which took place between 18 September and 23 October 2018.

The decision can be viewed on the Scottish Government’s Planning and Environmental Appeals Division (DPEA) website here.

Marcus McKay QC instructed by Harper Macleod, representing Historic Environment Scotland.

Malcolm Thomson QC instructed by Burness Paull, representing City of Edinburgh Council.

 

 

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Success for Historic Environment Scotland and City of Edinburgh Council at inquiry over future of Edinburgh landmark

Ampersand’s Marcus McKay QC and Malcolm Thomson QC were involved in the public inquiry which upheld the refusal of planning applications to turn Edinburgh’s former Royal High School into a hotel.

Marcus McKay QC was instructed by Harper Macleod, representing Historic Environment Scotland. Malcolm Thomson QC was instructed by Burness Paull, representing City of Edinburgh Council.

Scottish Ministers have issued their decisions on the four planning and listed building consent appeals in relation to the proposed redevelopment.

The former Royal High School is a category A listed building of international importance. It is prominently sited on the southern slope of Calton Hill, which is included in the national Inventory of Gardens and Designed Landscapes. The site is within the Old and New Towns of Edinburgh World Heritage Site, and the New Town Conservation Area.

Plans for two separate schemes for the redevelopment of the former school as a luxury hotel were submitted by Duddingston House Properties and Urbanist Hotels to the City of Edinburgh Council. Each of the proposed developments would have involved internal and external alterations to the principal former Royal High School building and pavilions (referred to as the Hamilton building, after its architect Thomas Hamilton), the addition of two large extensions and the demolition of ancillary buildings.

The Council refused the applications and developers appealed. The Scottish Ministers directed that they would determine the appeals because they raised issues of national importance in terms of potential impacts on the historic environment, including the Old and New Towns of Edinburgh World Heritage Site, and in relation to potential economic and tourism benefits. The appeals were considered by means of public inquiry and hearing sessions, which took place between 18 September and 23 October 2018.

Scottish Ministers have dismissed the appeals and refused permission for the development that had been proposed. The decision can be viewed on the Scottish Government’s Planning and Environmental Appeals Division (DPEA) website here.

Ampersand Planning

This decision comes on the back of another strong showing for Ampersand Planning counsel in the latest Chambers and Partners UK Bar guide.

The guide said:

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 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.”
Client service: “The clerking service is efficient and very responsive; the clerks are all very approachable.” “We have always found the clerking service to be very efficient and helpful.” Alan Moffat leads the clerking team.

Malcolm Thomson QC
Acknowledged as a leading expert across the gamut of planning and environmental law matters. He acts for both developers and objectors, and is especially experienced in tackling cases relating to retail development and renewable energy. He is also knowledgeable about compulsory purchase and local development plans.

Strengths: “He is just formidable. He sees things that no one else can and he comes at everything from a way that no one else thinks, he has got an immense brain.” “Malcolm has decades of experience and is a delight to work with and against.” “He instantly commands respect and that goes a long way in terms of being in front of a judge. He is extremely thorough and thoughtful.”
Recent work: Acted in an application for compensation in respect of land compulsorily acquired under the Airdrie-Bathgate Railway and Linked Improvements Act 2007.

Ailsa Wilson QC
Highly regarded for her work across a whole range of planning matters. She is considered to be one of the leading QCs in terms of energy work, and she regularly represents energy providers. She is also highly experienced in handling cases concerning infrastructure projects, appearing on behalf of local authorities and other public bodies.

Strengths: “She is excellent on her feet in an inquiry or court setting.” “Ailsa is meticulous in terms of preparation, immersing herself in the detail of each case with real passion and seemingly boundless energy.” “She has considerable expertise and unparalleled knowledge in energy-related planning issues.”

Marcus McKay QC
Noted for his deep planning experience and widely praised for his meticulous attention to detail. His particular focus lies in energy and environment work, and he is especially experienced in renewable energy matters. He has experience advocating in inquiries and at all levels of the court system, including the Supreme Court.

Strengths: “He is a very gifted advocate and extremely diligent. He is always extremely well prepared and imaginative. He is highly intelligent and can not only grasp very complicated detail with ease but has the skill to be able to explain complex matters in straightforward terms.” “He is a very competent advocate, enthusiastic and diligent.” “He is definitely one of the best at the Bar.”

Laura-Anne van der Westhuizen
Represents clients in the public and private sectors in planning and environmental law matters. She is particularly knowledgeable about energy-related planning issues, including those involving the Electricity Act 1989. Her capabilities include public inquiries and judicial reviews.

Strengths: “Her confidence in providing calmly considered advice in quite complicated matters is what makes her stand out.” “She is incredibly hard-working and will do all the research and discuss the case constructively.”
Recent work: Represented an energy company regarding the grant of necessary wayleave for the upgrade of an existing overhead transmission line and associated infrastructure for the East Coast 400 kV upgrade project.
Recent work: Represented the objector, Scottish Natural Heritage, in the public inquiry into the proposed golf course at Coul Links, Dornoch.

Find out what Ampersand Planning can do for you.

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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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Nicholas McAndrew

Nick McAndrew called to the Bar in 2020, having been a solicitor for five years in a large Scottish commercial law firm specialising in Construction Litigation. Since calling, Nick has continued to focus on Construction disputes, as well as a growing practice in Commercial Disputes and Planning & Environmental law issues.

Nick is rated as a Leading Junior (Band 1) in Legal 500 for Property, Planning and Construction disputes, with solicitors emphasising his strong written work and methodical approach to cases:

Legal 500 (2023): ‘Nicholas’ very clear drafting style simplifies and strengthens the core arguments of a client’s case, which is great for persuading the tribunal.’

Legal 500 (2022): ‘a first class junior, particularly when it comes to construction and engineering disputes’.
‘An incredibly able junior with a very calm, measured and methodical way of approaching cases. He is conscientious, and clear and concise in his advocacy.’

Nick is nominated for Junior Counsel of the Year in the Legal 500 Scotland Awards 2023.

Previously as a solicitor, and now as an Advocate, Nick has litigated in the Courts (Sheriff Court & Court of Session (Outer and Inner House)), Lands Tribunal, Adjudication, and at Arbitration.

Selected cases:

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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 2020.

Ampersand received 60 listings across 16 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. 5 members are noted as “star individuals”.

Noted as a Band 1 set for Clinical Negligence, Ampersand has 18 rankings in this area, including 2 “Star Individuals”. The guide says “Ampersand dominates the Scottish medical negligence market due to its outstanding reputation and impressive offering of advocates. It has a wide selection of juniors and silks at the stable, who act on behalf of both claimants and defenders. Members have far-reaching expertise, covering all areas of clinical negligence, including the most severe birth injuries, fatal surgical errors and cancer cases, as well as widely publicised group actions concerning medical device liability, such as the pelvic mesh litigation. Instructing solicitors point out that the set “has depth and very strong, specialised practitioners.” The clerks also receive high praise “The service is first class. The clerks are extremely approachable, very helpful and nothing is too much trouble for them.” “Alan Moffat is the lead clerk and is a good point of contact. He is helpful and accommodating, so I can go directly to him if I need something urgently.” The “Star Individuals” are Maria Maguire QC and David Stephenson QC.

Band 2 listings include Administrative and Public law where Ampersand is noted as a “Highly regarded stable which possesses several standout advocates acting in important constitutional, commercial and human rights cases. The advocates represent petitioners and respondents in judicial reviews, advise public bodies on the interpretation of regulations and legislation, and act for core participants in public inquiries”. In Civil Liberties & Human Rights the Band 2 listing notes Ampersand as a “A highly regarded stable, Ampersand Advocates has members who represent both claimants and defendants in high-profile civil liberties and human rights cases. Advocates regularly appear at the highest courts in Scotland and the UKSC, as well as the ECtHR and CJEU.”.

In Commercial Dispute Resolution it states “Ampersand Advocates is a highly regarded stable, noted for its involvement in a wide range of complex commercial disputes. The stable houses a number of experienced commercial advocates at both silk and junior levels, and attracts instructions from a diverse client base that includes several financial institutions and large corporates. Its advocates offer expertise in professional negligence, construction and commercial contracts disputes, as well as matters involving intellectual property, planning and insolvency.”

Ampersand’s Commercial expertise is further noted in Restructuring and Insolvency, which includes “Star Individual” David Sellar QC, stating Ampersand “Ampersand Advocates is a strong stable, housing some of the most distinguished restructuring and insolvency advocates in Scotland. It is a go-to stable for companies and their directors, banks and various government departments seeking restructuring advice and representation in major insolvency cases. Members are also regularly instructed by insolvency practitioners to assist with asset recovery matters, and offer significant expertise in international asset-tracing.”

Ampersand’s Personal Injury work is again acknowledged with the guide noting “A highly regarded stable in the personal injury market, Ampersand Advocates retains its reputation as a go-to stable for all manner of injury claims. In addition to offering representation to pursuers in complex and high-value catastrophic and fatal injury claims, the stable’s advocates are also regularly instructed by defenders, and have experience acting on behalf of government agencies and several major insurers. Areas of particular strength for the stable include cases arising from RTAs, accidents at work and accidents abroad, and its advocates are noted for their expert handling of complex employers’ and occupiers’ liability claims. The tenants are also frequently called upon to represent a variety of parties, including local authorities, health boards and bereaved families in fatal accident inquests. Instructing solicitors praise Ampersand as “a very professional stable which provides a high level of service,” adding that “you can tell that everyone there really cares about what they’re doing.”. The clerks get a special note for being “very organised and you can rely on the team to get back to you.” “The clerks are very good at dealing with any queries and are very flexible and very friendly – you never have any difficulties getting in touch with them.” “The clerking team is friendly, reliable, quick at responding and always happy to help.” The “very proactive and easy to deal with” Alan Moffat is the head clerk.” The listing includes Maria Maguire QC and Graham Primrose QC as “Star Individuals”.

In Planning and Environment it states “Ampersand Advocates is distinguished for the substantial planning and environmental expertise of its advocates. It acts for local authorities and all kinds of developers in cases heard at all levels of the court system, including the Supreme Court. The environmental aspects of energy developments are a great source of instructions for Ampersand Advocates. Members of the stable are regularly involved in high-profile matters, including the public inquiry into the refusal of planning permission for the development of the Royal High School in Edinburgh, a challenge to the planning consent for Aberdeen FC’s new stadium and a Supreme Court case dealing with the complexities of European law in relation to a wind farm development.” This includes “Star Individual” Malcolm Thomson QC.

Ampersand is also a Band 2 set in Product Liability stating “A respected presence in the product liability field, with a strong track record of representing pursuers and defenders in a broad array of claims. The stable is able to draw on its impressive capabilities in professional liability and personal injury.”

Ampersand’s full listings can be viewed on the Chambers and Partners website here.

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Ampersand Advocates ‘goes above and beyond at all times’ in latest Legal 500 UK Bar listings

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 2019 published today.

The guide says “‘From a user’s perspective’, Ampersand Advocates ‘goes above and beyond at all times to assist wherever possible’. Like the other Scottish stables, a diverse range of work comes through its doors, however, tort, real estate, and commercial matters are key strengths, and arbitration is a growing area of focus. ‘All the clerks are friendly, accommodating and very professional’, however at the most senior level Alan Moffat ‘will go out of his way to make sure you get the right counsel for the job’, and his deputy Sheena Hume is ‘particularly efficient and easy to deal with’. Vinit Khurana QC and Una Doherty QC took silk in 2018.”

Ampersand has 36 listings across 10 areas of practice in the Legal 500 UK 2019 guide. The Scottish bar section can be viewed here.

Civil liberties, human rights, public inquiries, and public and administrative law (including local government)

Key areas of work at Ampersand Advocates include EU law, judicial review, and procurement matters. Aidan O’Neill QC recently lead on behalf of the petitioners in Wightman v Secretary of State for Exiting the European Union, an Court of Justice of the European Union case concerning if it was possible for a member state to revoke its notification of intent to leave the European Union under Article 50.
Leading Seniors
Aidan O’Neill QC – Ampersand Advocates ‘ Intellectually impressive and creative in his approach to dealing with issues of public law. ’
Douglas Ross QC – Ampersand Advocates ‘ Highly intelligent and tenacious, with good common sense ’
Dorothy Bain QC – Ampersand Advocates ‘ Highly recommended for civil liberties work. ’
Leading Juniors
Laura-Anne van der Westhuizen – Ampersand Advocates ‘ A first-class legal mind who deals well with complicated cases. ’
Timothy Young – Ampersand Advocates ‘ Technically excellent in public procurement matters. ’

Commercial litigation

Ampersand Advocates is home to a strong contingent of commercial litigators, with experience in a wide range of commercial cases. Notable recent highlights include Take-Two Interactive Software Inc and Rockstar Games Inc v Aaron Renicks, in which Usman Tariq acts, as junior to Roddy Dunlop QC for the developers of Grand Theft Auto who are pursuing a claim against the developer of a modification for the game. Giles Reid recently acted for the borrower in a case concerning the oral variation of a loan agreement, as well as interim orders preventing the lender from commencing bankruptcy.
Leading Seniors
Alan Dewar QC – Ampersand Advocates ‘ Hugely experienced, completely unflappable and always fights his client’s corner. ’
Robert Howie QC – Ampersand Advocates ‘ His depth of knowledge in commercial matters is unparalleled. ’
Leading Juniors
Ross Anderson – Ampersand Advocates ‘ Never afraid to take on even the largest of legal challenges. ’
Eoghainn MacLean – Ampersand Advocates ‘ Enthusiastic and conscientious.
Giles Reid – Ampersand Advocates ‘ A legal encyclopaedia. ’
Usman Tariq – Ampersand Advocates ‘ His advice and knowledge is consistently of the highest standard. ’
Laura-Anne Van Der Westhuizen – Ampersand Advocates ‘ Particularly recommended for shipping and infrastructure work. ’

Company and insolvency

Members of Ampersand Advocates are particularly experienced in insolvency matters, acting for all parties in such cases. Of recent note, Timothy Young recently acted for the liquidators in Rowallan Asset Management Limited v Morris & Co, which involved a claim for gratuitous alienation (a transfer under value to dissipate assets) relating to a large agricultural property holding company.
Leading Seniors
David Sellar QC – Ampersand Advocates ‘ His technical knowledge of company and insolvency law makes him a go-to. ’
Leading Juniors
Timothy Young – Ampersand Advocates ‘ Clients appreciate his confident yet approachable demeanour. ’

Employment

Russell Bradley of Ampersand Advocates acts for employers in a wide range of first instance matters, with particular expertise of defending whistle-blowing and unfair dismissal claims.

Russell Bradley – Ampersand Advocates ‘ Extremely tenacious when needed and great with clients.

Intellectual property, information technology and media

Usman Tariq at Ampersand Advocates is highly recommended for contentious intellectual property matters, as well as maintaining a substantial presence in the IT sector, particularly in matters concerning gaming and digital applications. Recent instructions include a substantial trade mark infringement and passing off dispute between two manufacturers of electronic cigarettes, where Tariq acted for the pursuers, as well as conducting breach of interdict cases on behalf of large rights-holders such as Sky and the Performing Right Society.

Usman Tariq – Ampersand Advocates ‘ The best all-round IP junior in Scotland. ’

Personal injury and medical negligence

Ampersand Advocates is home to one of the key teams in personal injury and clinical negligence within Scotland, and has ‘real strength in depth’ across all levels of call. Members have significant expertise in all areas of such work, with recent cases including fatal accidents, medical device litigation, catastrophic injury and birth injury. A notable recent case for the set is Gibson v Babcock International, a leading case on the issue of secondary exposure to asbestos, in which Simon Di Rollo QC led for the pursuers.
Leading Seniors
Lisa Henderson QC – Ampersand Advocates ‘ Highly numerate, excellent at drafting complex schedules of loss and very personable. ’
Geoffrey Mitchell QC – Ampersand Advocates ‘ Highly respected by both health boards and claimant solicitors ’
Douglas Ross QC – Ampersand Advocates ‘ A relatively new silk who already posesses all the qualities of an experienced one. ’
David Stephenson QC – Ampersand Advocates ‘ A superb orator who excels before the court. ’
Simon Bowie QC – Ampersand Advocates ‘ Recommended for significant clinical negligence cases. ’
Una Doherty QC – Ampersand Advocates ‘ Extremely reliable, quick-witted and efficient. ’
Maria Maguire QC – Ampersand Advocates ‘ Combines superb advocacy skills and a forensic attention for detail. ’
Simon Di Rollo QC – Ampersand Advocates ‘ Highly experienced in industrial disease claims. ’
Lauren Sutherland QC – Ampersand Advocates ‘ Leaves no stone unturned to find a path to a successful outcome. ’
Leading Juniors
Jamie Dawson – Ampersand Advocates ‘ Fantastic at dealing with complex medical evidence and technical details. ’
Fiona Drysdale – Ampersand Advocates ‘ Well-prepared, good with clients and has an eye for detail. ’
Chris Marney – Ampersand Advocates ‘ A very safe pair of hands with good commercial sense. ’
Jennifer Nicholson – Ampersand Advocates ‘ A strong negotiator who has achieved fantastic results for clients.
Brian Fitzpatrick – Ampersand Advocates ‘ Always willing to get stuck in. ’

Planning, environmental and licensing

Ampersand Advocates is home to planning law specialists Marcus McKay QC and Laura-Anne van der Westhuizen, who are often instructed in complex or high-profile inquiries and appeals. Notable recent highlights include McKay’s representation of The Viking Wind Farm in a consent application under crofting legislation, and Westhuizen’s work on behalf of the Scottish ministers in an appeal lodged by a dairy farm following the refusal of planning permission for a large greenbelt development.
Leading Seniors
Marcus McKay QC – Ampersand Advocates ‘ Highly experienced in energy-related planning work. ’
Leading Juniors
Laura-Anne van der Westhuizen – Ampersand Advocates ‘ A first-class planning junior. ’

Professional Negligence

Members of Ampersand Advocates are instructed by both pursuers and defenders in professional negligence cases, across the full range of industry sectors. Recent highlights include Midlothian Council v Bracewell Stirling, where Paul Reid acted as a junior to Alastair Duncan QC on behalf of the defenders, an architectural firm alleged to be liable for negligent ground investigations carried out by another company.
Paul Reid – Ampersand Advocates ‘ One to watch for professional negligence matters. ’

Property, construction and agriculture

Members of Ampersand Advocates are instructed in a wide range of commercial development and property disputes, as well as agricultural issues and nuisance claims. Timothy Young recently advised the defenders on several potential cases concerning property damage caused by incorrectly constituted mortar in the development of a large residential estate.
Leading Seniors
Craig Sandison QC – Ampersand Advocates ‘ A masterful advocate. ’
Leading Juniors
Ross Anderson – Ampersand Advocates ‘ Definitely one to watch for property litigation. ’
Timothy Young – Ampersand Advocates ‘ Exceptionally intelligent with a gift for honing in on the points that matter. ’

Tax, trusts and pensions

Ross Anderson at Ampersand Advocates has significant experience acting for HM Revenue and Customs in both the First-Tier and Upper Tribunals. He also appeared as appearing as a junior to Kieron Beal QC of Blackstone Chambers in London, again on behalf of the Revenue, in the Supreme Court case Frank A Smart & Sons v HMRC, which concerned the deductability of VAT incurred when purchasing entitlements to the Single Farm Payment, a European Union farming subsidy.
Ross Anderson – Ampersand Advocates ‘ He has made a sure-footed transition from academia to the Bar. ’

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