Burton v The Nursing and Midwifery Council [2018] CSIH 77
Inner House refuse Ms Burton’s appeal against the decision of the Nursing and Midwifery Council to suspend her from practice. In substance, three grounds of appeal were present. First, it was argued that the Panel acted unfairly in proceeding in the absence of the appellant. However, the Court confirmed the approach to be followed where a Panel is considering proceeding in absence and, given the Appellant had indicated no desire to participate in the proceedings, the Panel were entitled to proceed. Secondly, the findings of fact were challenged but was not entertained by the Court. Finally, the length of suspension was challenged. Whilst, the court was concerned that the period spent on an interim suspension was not taken into account. But, recognising the experience and specialism of the Panel, the Court did not interfere with the sanction. Accordingly, the appeal was refused.
Ampersand’s Paul Reid appeared for the NMC.
Opinion of the Extra Division can be found here.
Back
Inner House refuse appeal against NMC disciplinary decision
Last week the Inner House refused Ms Burton’s appeal against the decision of the Nursing and Midwifery Council to suspend her from practice. In substance, three grounds of appeal were present. First, it was argued that the Panel acted unfairly in proceeding in the absence of the appellant. However, the Court confirmed the approach to be followed where a Panel is considering proceeding in absence and, given the Appellant had indicated no desire to participate in the proceedings, the Panel were entitled to proceed. Secondly, the findings of fact were challenged but was not entertained by the Court. Finally, the length of suspension was challenged. Whilst, the court was concerned that the period spent on an interim suspension was not taken into account. But, recognising the experience and specialism of the Panel, the Court did not interfere with the sanction. Accordingly, the appeal was refused.
Ampersand’s Paul Reid appeared for the NMC.
Opinion of the Extra Division can be found here.
Back
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.
Back
Midlothian Council v Bracewell Stirling and others [2018] CSIH 21
Professional negligence action arising from house development which is said to be on contaminated land; proper construction of contract; whether the Council acted reasonably in mitigating its losses. Appeal upholding Lord Ordinary, discussing proper interruption of commercial contract.
Decision here.
Paul Reid for First Defenders and Respondents
Robert Howie QC for Pursuers and Reclaimers
Back
Kathryn Ferguson
Kathryn Ferguson joined Ampersand in 2018 and has completed Paralegal qualifications in both Conveyancing and Wills and Executries. Prior to joining the team Kathryn worked for a global law firm supporting the Commercial Real Estate and Litigation teams.
Kathryn brings a can-do approach and is always willing to assist in all aspects of instructing counsel.
Back
PNLA conference – Challenging Territory
Conference organised by the Professional Negligence Lawyers’ Association, featuring talk’s from experienced solicitors and advocates, including Ampersand’s Ronnie Clancy QC and Paul Reid.
Full details and how to book can be found here.
Back
