Michael Way
Michael Way’s principle areas of practice are public & administrative law, commercial disputes and civil liberties/human rights.
Michael is listed as a ‘Rising Star’ in the 2021/22 Legal 500 in both Commercial Disputes and Administrative and Public Law.
“A brilliant advocate – insightful, thorough and refreshingly convincing on his feet, he is approachable and easy to work with.” – Legal 500 2021/22 ‘Administrative and Public Law’
After spending several years as a performer in the music industry, Michael trained with one of Scotland’s leading commercial law firms and undertook a six month secondment to the Scottish Government Legal Directorate. Shortly after qualifying as a solicitor Michael began devilling, during which he won the Mike Jones Excellence in Advocacy prize and was the Faculty Scholar 2018/19.
Since calling, Michael has appeared regularly in courts and tribunals throughout Scotland. In particular, he has:
- appeared for Serco defending over 150 interdict actions, including appearances in the Sheriff Appeal Court and instruction during the related Inner House reclaiming motion process;
- been instructed by petitioners in a number of successful Court of Session judicial review actions in immigration and housing matters;
- instructed by child respondents in nobile officium petitions seeking recognition of English High Court deprivation of liberty orders;
- appeared frequently for the Advocate General as a standing ‘junior junior’ in the First-tier Tribunal (Immigration and Asylum Chamber);
- been instructed in a variety of property, contractual, professional negligence, debt recovery and insolvency disputes, including success after proof in a case involving a challenge to interest to enforce real burdens;
- developed a proficiency in consumer rights issues, including claims under the Consumer Rights Act 2015 and the Consumer Protection From Unfair Trading Regulations 2008;
- assisted in a major offshore dispute in Jersey;
- undertaken criminal appeal work, with successful appearances in the High Court and Sheriff Appeal Court.
Michael has a strong academic background with degrees from Oxford, King’s College London and Edinburgh. Since 2015, Michael has tutored at the University of Edinburgh (Jurisprudence; Critical Legal Thinking) and was previously a guest lecturer in Business Law at Queen Margaret University. He was the research assistant to Lady Poole and Sheriffs McCartney and Drummond on their recent book A Practical Guide to Public Law Litigation in Scotland (2019; W.Green)
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The Scottish Planning Local Government & Environmental Law Bar Group Summer Seminar
SPLGELBG event
Chaired by Ampersand’s Marcus McKay QC, the Seminar will feature talks by James Welch and Pol MacDonald of OPEN on masterplanning of communities in the 21st Century and Susan Denyer of ICOMOS-UK on world heritage. Graham Dunlop, Advocate, will provide an update on recent case law.
Space is limited.
RSVP: planninggroup@advocates.org.uk
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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 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.
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“Ampersand’s advocates attract praise for their ‘excellent depth and breadth of knowledge’” – 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 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.
Civil liberties, human rights, public inquiries, and public and administrative law (including local government)
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.’
Commercial litigation
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.’
Company and insolvency
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.’
Employment
Ampersand’s recent caseload includes unfair dismissal cases, TUPE and discrimination matters.
Russell Bradley – ‘He is proactive, commercial and precise.’
Intellectual property, information technology and media
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.’
Personal injury and medical negligence
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.’
Planning, environmental and licensing
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.’
Property, construction and agriculture
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.
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Ampersand welcomes Alexander Sutherland
Ampersand is delighted to welcome Alexander Sutherland to the stable who called at the Bar today.
Before calling to the Bar, Alex trained with Addleshaw Goddard LLP, formerly HBJ Gateley. During his seat in the firm’s dispute resolution department, he gained experience of a wide range of litigation in both the Court of Session and the sheriff court, including real estate and insolvency litigation. He also had seats in the real estate and corporate recovery departments.
Alex completed his LLB at Glasgow University in 2014 and the Diploma in Professional Legal Practice at Edinburgh University in 2015. Before then, he studied German and English Language at Edinburgh University, during which time he spent a year studying in Vienna.
Alex’s interests lie primarily in the fields of commercial and public law. As a devil he also gained experience of planning. His principal devilmaster was Ampersand’s Laura-Anne van der Westhuizen.
He speaks fluent French and German and is well placed to undertake work involving consideration of documents in those languages.
On Alex’s arrival, Head Clerk Alan Moffat said “I am delighted that Alex has joined us. He comes with a great reputation from his time at a top firm and has been highly praised during his time on the devils course. I am very sure he will continue to impress at the Bar and expect him to be a great addition to the stable.”
In the first part of the time-honoured two-stage admission ceremony, the Dean of Faculty, Gordon Jackson, QC, said the public office of advocate carried real privileges and corresponding responsibilities.
“You have become part of a great national institution which has played, throughout its existence, a very significant role in the legal and cultural life of this nation. As a member of Faculty you will play your own particular part in the future of that institution,” he added.
In the second part of the ceremony, before Lord Clark in the Court of Session, Alex along with 6 other new calls made the declaration of allegiance.
Lord Clark said: “It is a genuine pleasure and a privilege to welcome you as members of the Faculty of Advocates and to congratulate you on this great achievement. The Faculty has long been an important and distinguished organisation. It has commonly attracted some of the ablest minds of each generation, and it continues to thrive.
“It is truly one of the great features of our society that the general public, businesses and other organisations have at their disposal people like you – independently-minded advocates who will take on and fight their causes.
“I very much hope that you thoroughly enjoy your work at the Bar and the camaraderie of your colleagues.”
Alex is a welcome addition to the depth of counsel on offer at Ampersand.
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Alexander Sutherland
Alex Sutherland practises in commercial law, public law (including judicial review and planning) and reparation. Selected cases are below.
He was an advocate depute, preparing and presenting cases in the High Court of Justiciary, from 2021 to 2024. He conducted over 30 trials in the High Court, including for murder, attempted murder, causing death by dangerous driving, possession of firearms and rape.
In March 2024 he was appointed as a standing junior to the Scottish Government.
In May 2020 he was appointed as a reporter for Session Cases. He contributed chapters on the sale of goods and (together with Ross Anderson) alternative dispute resolution for the second edition of Scots Commercial Law. He tutored Civil Court Practice as part of the Diploma in Professional Legal Practice at Edinburgh University in 2019 and 2020.
Before calling to the Bar, Alex trained with a commercial firm in Edinburgh. He completed his LLB at Glasgow University in 2014 and the Diploma in Professional Legal Practice at Edinburgh University in 2015. Before then, he studied German and English Language at Edinburgh University, during which time he spent a year studying in Vienna.
He speaks fluent German and French and is well placed to undertake work involving consideration of documents in those languages.
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