Centenary 6 Ltd v TLT LLP [2023] CSOH 28
The pursuer awarded c.£12.5m by way of damages for the loss of a chance of success in an underlying litigation. The Defenders, TLT Solicitors, had admitted negligence by failing to give proper advice to the client regarding an order for caution for expenses, leading to the dismissal of the underlying claim.
Lord Ericht, in assessing the loss of a chance, had to consider the chances in the underlying claim which depended upon not only the negligence of a liquidator of a wholly owned subsidiary of the Pursuers, but the dynamics of a settlement of a large claim in the English High Court which was the source of the funds comprising the claim. It was alleged, in short, that in distributing the proceeds of the English case, the liquidator over-paid a particular creditor. Had he correctly distributed the proceeds, there would have been a surplus to the pursuer company as shareholder.
The judge affirmed how to approach loss of chance cases when professional negligence was at play, assessing the chance of success at 65%.
Pursuers were represented by: Andrew Smith KC of Compass Chambers and Tim Young, Advocate of Ampersand.
Opinion of Lord Ericht can be found here.
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Brandon Malone
Brandon Malone called to the Bar in 2022 following thirty years’ experience as a commercial litigation solicitor, twenty of those years as a solicitor advocate.
Brandon is also Barrister authorised to practice in England and Wales, and has rights of audience before the DIFC Court, Dubai, UAE.
As a solicitor, Brandon specialised in construction and engineering law and international arbitration. He is a Fellow of the Chartered Institute of Arbitrators, and an eminent Fellow of the Royal Institution of Chartered Surveyors. He has wide ranging experience of construction, engineering, infrastructure and energy disputes.
Brandon has a particular interest in alternative dispute resolution. He regularly sits as an arbitrator in domestic, UK and international cases, and is recommended as a global leader in arbitration by Who’s Who Legal. He also sits as an adjudicator and expert determiner. He is a FIDIC Certified Adjudicator (dispute board member) and a mediator registered with RICS, IMI and CMC.
He has appeared in numerous substantive hearings in the Sheriff Court, the Outer and Inner House, and before a variety of tribunals.
Brandon also has significant experience of energy and technology disputes, and has dealt with a number of blockchain and cryptocurrency cases. He Chairs the ICCA – New York City Bar – CPR Institute Working Group on Cybersecurity in International Arbitration.
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Ampersand Advocates continues Top Rankings success in 2023 Chambers and Partners UK Bar Guide
Ampersand Advocates 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 2023.
Ampersand received 74 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, Construction, 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, “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.” Our rankings include 2 “Star Individuals”, Maria Maguire KC and David Stephenson KC, with 11 further silks and 6 juniors also ranked – Simon Bowie KC, Jamie Dawson KC, Simon Di Rollo KC, Una Doherty KC, Lisa Henderson KC, Vinit Khurana KC, Archie MacSporran KC, Euan Mackenzie KC, Geoffrey Mitchell KC, Graham Primrose KC, Lauren Sutherland KC, Fiona Drysdale, Mark Fitzpatrick, James McConnell, Jennifer Nicholson-White, Paul Reid and Phil Stuart.
Ampersand’s Band 1 listing in Planning & Environment states “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. One source notes that “the depth and breadth of expertise at the stable is first class””. Rankings include Malcolm Thomson KC as “Star Individual”, and Band 1 ranked Marcus McKay KC, Ailsa Wilson KC and Laura-Anne van der Westhuizen KC.
Band 2 listings include Administrative & Public Law where Ampersand is praised “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 KC, along with Ian Forrester KC, Douglas Ross KC, Laura-Anne van der Westhuizen KC, Paul Reid, Usman Tariq and Timothy Young.
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 KC, Douglas Ross KC and Usman Tariq.
In Commercial Dispute Resolution Chambers state Ampersand is “admired for its skilful work in high-profile commercial disputes. The stable offers a large team comprising highly rated advocates at the senior and junior levels. 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 KC, Graeme Hawkes KC, Laura-Anne van der Westhuizen KC, Ross Anderson, Eoghainn MacLean, 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. Jennifer Nicholson-White acted for the first defender in a claim brought by the pursuer who suffered a significant head injury while at work following a fall. 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. Interviewees report: “Ampersand offer counsel with strong expertise across a wide range of practice areas.” Another adds: “They provide consistently excellent and pragmatic advice.””
Rankings include “Star Individuals” Maria Maguire KC and Graham Primrose KC with others ranked Isla Davie KC, Simon Di Rollo KC, Lisa Henderson KC, Euan Mackenzie KC, Douglas Ross KC, Alan Cowan, Chris Marney and Jenny Nicholson-White.
The Set ranking in Professional Negligence declares “Ampersand Advocates is a leading stable 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 the Set ranking for 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 KC, Laura-Anne van der Westhuizen KC, Ross Anderson, Giles Reid and Tim Young.
The Construction Set ranking states “Ampersand Advocates offers significant experience in advising clients in relation to a range of building and construction works in Scotland. The bench handles a variety of contractual, delays and construction disputes, also involving defects issues. Its advocates have notable expertise in adjudications and enforcement actions, as well as construction-related bond matters.” Rankings include Robert Howie KC and Timothy 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 KC, David Sellar KC, Ross Anderson and Usman Tariq.
There are individual rankings in: Agriculture and Rural Affairs for Laura-Anne van der Westhuizen KC; Company for David Sellar KC and Tim Young; Employment for Aidan O’Neill KC; Information Technology and Intellectual Property for Usman Tariq; Product Liability for Paul Reid; and Tax for Ross Anderson.
The Ampersand clerks again receive wide praise across all areas of practice, noting “the service is always excellent and has been for years” and described as “one of the best stables to work with”. The clekrs are noted as “a very professional team who also have the commercial reality required.” Further comments include: “The clerking team at Ampersand are always willing to help and are quick to respond to queries. If there is a complex or time-sensitive matter, they will do their utmost to assist in a timely manner… The clerks are wonderful, prompt and very friendly… The clerks know the advocates and their strengths and skill, and are great at managing their diaries… The clerks are responsive and willing to help. They will often go above and beyond the call of duty to find solutions to difficult situations.”
On the recent rankings, Practice Manager, Alan Moffat, said: “This is yet 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 out of their busy schedules to provide Chambers with their views. We work in collaboration with the profession and it is again pleasing to hear those that instruct our members recognise the value our members bring to the legal team. I am very proud of the excellent and hard work my team puts in every day and am pleased to see that appreciated too. We will continue to strive for excellence and the rankings provide insight into our success in achieving that aim.”
The full rankings can be viewed on the Chambers and Partners website here.
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K v General Medical Council [2022] CSIH 44
Concerns a Petition for an extension of conditions imposed by the General Medical Council on the reclaimer, a doctor, while The GMC continued their own investigation into fitness to practice after a trial, where the jury found the case against the reclaimer not proven and he was acquitted of the charge of rape.
Inner House allowed the reclaiming motion and refused the petition. On the proportionality test, the Inner House found it difficult, in the absence of any connection between the allegation under investigation and the appellant’s clinical practice, to see a rational connection between the conditions imposed and the reason for imposition of conditions, namely the public interest. In the absence of a clinical connection, there is no demonstrable risk to patients to be assessed in the context of an interim order. For these reasons the proportionality test was not met.
Opinion of the Second Division can be found here.
Paul Reid as lead counsel for successful reclaimer, instructed by the Medical and Dental Defence Union of Scotland.
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Ampersand Advocates ranked as top tier set by Legal 500 in 2023 guide
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 the 2023 guide. Listed as tier 1 in Administrative & Public Law, Personal Injury & Medical Negligence and Property, Planning & Construction, and tier 2 in Commercial Disputes, Ampersand has collected 22 Senior Counsel rankings, 21 Junior Counsel rankings, including 2 rising stars, across the Scottish Bar listings.
Administrative and Public Law
TIER 1
Ampersand Advocates is home to a team of ‘excellent public and administrative law counsel‘. In a prominent case highlight, Douglas Ross KC and Paul Reid represented the Scottish Ministers in Fair Play for Women Limited v Registrar General for Scotland & Scottish Ministers, concerning a judicial review challenging the guidance issued to accompany the “sex question” in the 2022 Scottish census; the review was refused and the challenge thrown out. Aidan O’Neill KC (who has dual tenancy with London-based set Matrix Chambers) garners praise for his ‘outstanding knowledge‘, and successfully acted for rewilding charity Trees for Life in a judicial review brought against Scottish Government agency NatureScot, on the grounds that the agency’s policy of issuing licences to cull beavers was unlawful.
Testimonials
Stable
‘Very helpful and responsive.’
‘Considerable strength in depth.’
Leading silks
Band 1
Aidan O’Neill KC – Ampersand Advocates ‘Aidan is beyond talented. He thinks of novel and innovative approaches to arguments, as well as having an extraordinary base of legal and historical knowledge which can be brought to bear.’
Douglas Ross KC – Ampersand Advocates ‘Douglas excels at seeing a clear route to a sound and practical solution through competing arguments. He has the confidence of clients in a tight situation and the total respect of the court; he wears his learning lightly and deploys it persuasively. He is an ideal public law silk.‘
Band 2
Susanne Tanner KC
Leading juniors
Band 1
Paul Reid
Band 2
Ross Anderson
Usman Tariq
Timothy Young – Ampersand Advocates ‘Timothy has a pragmatic approach to cases. He is an extremely safe pair of hands.’
Rising Star
Michael Way – Ampersand Advocates ‘Michael is exceptionally thorough and meticulous, very insightful in his drafting, and exceptional on his feet.‘
Commercial Disputes
TIER 2
Viewed as ‘one of the best stables for commercial disputes counsel‘, Ampersand Advocates‘ team fields expertise in handling insolvency matters, IP-related cases and professional negligence issues, to name a few. Laura-Anne Van Der Westhuizen KC has notable experience in advising on commercial disputes with planning and real estate elements. Graeme Hawkes KC is ‘very responsive‘ and regularly acts in litigation involving commercial contracts. Timothy Young ‘delivers complex legal issues in an easy to understand and pragmatic way‘. Shareholder disputes form a core pillar of Paul Reid‘s practice.
Testimonials
Stable
‘Good pool of advocates.’
‘Extremely efficient, friendly and responsive.’
Leading silks
Band 2
Alan Dewar KC – Ampersand Advocates ‘A silk who is extremely knowledgeable, concise and certainly has the ear of the court.’
Robert Howie KC – Ampersand Advocates ‘Robert is able to identify core issues in highly complex litigation quickly and with razor sharp focus, and provides practical advice on and solutions to those issues. His analytical skills are first-rate.’
Leading juniors
Band 1
Ross Anderson – Ampersand Advocates ‘Ross is a good communicator and a first-rate advocate who is quick on his feet. He provides sound and detailed advice.’
Eoghainn MacLean – Ampersand Advocates ‘He thoroughly considers the issues in a case.’
Usman Tariq – Ampersand Advocates ‘He is assiduous and tremendously user-friendly. Judges like his understated approach in court.’
Band 2
Mark Boni – Ampersand Advocates ‘Mark is extremely professional in his approach. He has a good manner with clients and provides clear and concise advice on difficult legal issues.’
Paul Reid – Ampersand Advocates ‘Paul understands the pressures solicitors and clients are under and is incredibly easy to work with. He is across every detail, and can be relied upon to explain complex issues in simple language.’
Timothy Young – Ampersand Advocates ‘Timothy is extremely commercial, and takes time to understand the client’s objectives and the wider context of the dispute. He is excellent under pressure and he is extremely robust. His written work is clear and persuasive, and he is equally impressive on his feet.’
Rising Star
Michael Way – Ampersand Advocates ‘Michael is very knowledgeable, and builds a strong rapport with solicitors and clients alike.’
Personal Injury and Medical Negligence
TIER 1
Ampersand Advocates garners particular praise for its ‘unique depth and range of expertise in clinical negligence‘; complex, high-value personal injury work is another core pillar of strength for the team. Maria Maguire KC has solid expertise in advising on cases involving psychiatric injuries and catastrophic injury matters. Lauren Sutherland KC, who is also a member of Byrom Street Chambers in Manchester, is well known for handling cerebral palsy and brain injury cases, and has niche expertise in advising on issues of consent in relation to clinical negligence matters. Among the juniors, Jennifer Nicholson-White is active in both areas, and represents pursuers and defenders in a range of litigation.
Testimonials
Stable
‘Very high calibre of advocates.’
‘The stable has a wealth of experience.’
Leading silks
Band 1
David Stephenson KC – Ampersand Advocates ‘David is a brilliant and skilled orator, who is highly effective on his feet in court. He is a very safe pair of hands in complex, high value clinical negligence cases.’
Euan Mackenzie KC – Ampersand Advocates ‘Euan is an excellent advocate, with a mild demeanour that belies a steely core.’
Geoffrey Mitchell KC – Ampersand Advocates ‘He is a skilled and practical negotiator. A silk with a calm presence in court, unfailingly polite but rigorous in questioning.’
Graham Primrose KC – Ampersand Advocates ‘Graham is simply outstanding in his field. A stalwart negotiator and a quality operator at the top of his game.’
Lisa Henderson KC – Ampersand Advocates ‘Lisa is excellent with clients, and they are well aware of her dedication to the case. She is thorough in her preparation.’
Maria Maguire KC -Ampersand Advocates ‘Maria is a class act. She is top of her game in this field. She is a master at analysing complex cases and providing clear and straightforward advice to clients.’
Simon Bowie KC -Ampersand Advocates ‘Simon is an exceptional silk who is always thorough in his preparation, calm in his approach and extremely personable. He is clever, thoughtful and level headed.’
Band 2
Lauren Sutherland KC – Ampersand Advocates ‘Lauren is fearless, tenacious and has meticulous attention to detail. She also easily builds rapport with clients and gains their trust. She has an unparalleled knowledge of relevant cases, however obscure.’
Alan Dewar KC – Ampersand Advocates
Douglas Ross KC – Ampersand Advocates ‘He is always well-prepared and goes the extra mile. A very calm and measured advocate with a very understated manner, and always treats others with respect.’
Una Doherty KC – Ampersand Advocates ‘Una is incredibly calm and instils confidence She is determined and dependable, and has the ability to cut straight through the superfluous and immediately identify the issues at the heart of an action.’
Vinit Khurana KC – Ampersand Advocates
Leading juniors
Band 1
James McConnell – Ampersand Advocates ‘A well respected junior. He is organised, extremely thorough and diligent. Excellent with clients and experts.’
Band 2
Fiona Drysdale – Ampersand Advocates ‘A diligent, perceptive and highly able junior.’
Jennifer Nicholson-White –Ampersand Advocates ‘She offers clear and focussed advice to clients and presents cases well in court. She is very personable, making her extremely easy to work with, yet is prepared to stick to her guns where appropriate and goes above and beyond for all clients.’
Shane Dundas – Ampersand Advocates ‘An outstanding advocate who is great to work with. He is responsive, proactive and excellent in court.’
Property, Planning and Construction
TIER 1
Ampersand Advocates ‘has a wide offering of quality advocates‘ and an excellent reputation for its expertise in planning and construction law matters. Laura-Anne Van Der Westhuizen KC is ‘a very impressive advocate‘ who provides ‘clear, considered and strategic advice‘ across a wide range of planning matters. Marcus McKay KC is viewed as ‘one of the best at the senior Bar in planning and environmental matters‘. Timothy Young is sought after for his solid track record in advising on construction contractual disputes and contentious property work, including crofting and agricultural issues. Nicholas McAndrew is ‘a first class junior, particularly when it comes to construction and engineering disputes‘.
Testimonials
Stable
‘Ampersand is very responsive and easy to work with.’
‘Ampersand is a strong stable with a fantastic choice of advocates.’
Leading silks
Band 1
Robert Howie KC – Ampersand Advocates ‘A superbly analytical and utterly top drawer silk who is excellent in court.’
Marcus McKay KC – Ampersand Advocates ‘Marcus is a very pragmatic silk, and he is extremely easy to work with. He presents cases in a clear and logical manner and is good at seeing the bigger picture.’
Malcolm Thomson KC – Ampersand Advocates ‘He is an exceptional advocate.’
Ailsa Wilson KC – Ampersand Advocates ‘A silk with a very strong planning law practice.’
Leading juniors
Band 1
Eoghainn MacLean – Ampersand Advocates
Timothy Young – Ampersand Advocates ‘He is a fierce advocate who you want on your side in a contentious matter.‘
Band 2
Nicholas McAndrew – Ampersand Advocates ‘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.’
Ross Anderson – Ampersand Advocates ‘He is an impressive court performer and provides solid commercial advice.’
Giles Reid – Ampersand Advocates ‘Giles has an exceptional knowledge of Scottish property law. He is diligent, attentive and very user-friendly.’
Employment
Aidan O’Neill KC – Ampersand Advocates ‘He is an excellent communicator and exceedingly bright. He is also wonderfully adept under pressure.’
Full listings, including all Scottish rankings can be viewed on the Legal 500 website here.
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Scott Clair
Scott Clair called to the Bar in 2022 as a Lord Hope Scholar.
He has experience in a wide range of commercial, private and public law litigation. In the course of devilling, Scott was involved in a variety of complex and high-value cases including commercial disputes, clinical and professional negligence claims, regulatory, human rights and constitutional law cases. Scott has a particular interest in the latter and, whilst devilling, worked on a number of high-profile judicial review cases including a legislative competence challenge to an Act of the Scottish Parliament, a challenge to Scotland’s Census 2022 and the first removal of a judicial office holder under the Courts Reform (Scotland) Act 2014.
He has appeared before the Sheriff Courts, the Sheriff Appeal Court, the Court of Session (both Outer House and Inner House), and assisted with the preparation of cases before the UK Supreme Court and the European Court of Human Rights.
Before calling to the Bar, as a solicitor and then associate with a well-known litigation firm in Edinburgh, he gained substantial experience of appearing in court and regularly conducted proofs, debates and complex opposed motions including for interdict. Scott also gained experience in fatal accident inquiries and various forms of alternative dispute resolution, including arbitration, adjudication and mediation.
Scott has particular interests in contract law, clinical and professional negligence, media law, private client litigation and judicial review.
Scott also has an interest in legal education. Since 2021, he has tutored in Commercial Law, Public Law and Individual Rights, and Evidence at the University of Edinburgh.
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