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
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.
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.
Ampersand’s Isla Davie is amongst a dozen advocates that have been approved for appointment as part-time legally Qualified Chairs by the Scottish Social Services Council (SSSC).
The members of Faculty will chair Fitness to Practise Panels in the part-time posts, and account for two-thirds of the latest round of appointments by the SSSC.
The Vice-Dean of Faculty, Angela Grahame, QC, congratulated the 12 and said: “The Faculty has worked hard with many regulatory bodies, including the SSSC, at ensuring that both our civil and criminal members are fully trained and educated in this highly specialised area.
“The Dean and I are delighted that so many have been appointed in what was a highly competitive recruitment process. This not only reflects well on the extensive skills and abilities of our membership, but also on the quality of training and education that has been provided. We wish them all well in their new roles.”
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 2018.
Ampersand received 56 listings across 15 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. In addition to this Aidan O’Neill QC is ranked in the London Bar Guide. 4 members are noted as “star individuals”.
Noted as a Band 1 set for Clinical Negligence, Ampersand has 18 rankings in this area. The guide says “As far as top Scottish clinical negligence practitioners are concerned, the name Ampersand is synonymous with excellence. This premier stable is acknowledged to have “the widest range of counsel in medical negligence with the broadest range of experience and knowledge.”
Band 2 listings include Administrative and Public law where Ampersand’s high-level public law challenges are noted and is described as “a good stable of advocates”. In Civil Liberties & Human Rights the Band 2 listing notes Ampersand’s “considerable expertise in the civil liberties field, drawing on their experience in employment, equality and EU law”.
In Commercial Dispute Resolution Ampersand is noted as “A highly respected stable with far-reaching experience across the commercial spectrum. It boasts an impressive roster of senior counsel and upcoming juniors, and is home to strong generalists as well as leading insolvency, shipping and real estate advocates”. Ampersand’s Commercial expertise is further noted in Restructuring and Insolvency, which includes “Star Individual” David Sellar QC, stating Ampersand “combines a renowned commercial practice with numerous high-level insolvency specialists” being described as a “go-to set for insolvency matters” and “excellent commercial stable”.
Ampersand’s Personal Injury work is again acknowledged with the guide noting “an impressive breadth of personal injury knowledge to individuals, major insurers, local authorities and other government agencies. The stable’s expertise in medical issues means it is well placed to advise pursuers and defenders on the full range of personal injury cases, including stress at work, motor accidents and clinical negligence claims. The team’s “practical approach to cases” is lauded by clients, who also comment that the advocates are “approachable, good to deal with and prompt at returning calls and emails, which is important.”. The listing includes Maria Maguire QC and Graham Primrose QC as “Star Individuals”.
Ampersand is listed in 2 new areas as a set this year. In Planning and Environment Ampersand is noted as being “A highly respected stable that is emerging as a force to be reckoned with in the arena of planning and environment law. Advocates at the stable are particularly well-versed in matters involving infrastructure and renewable energy. They are frequently instructed in major inquiries, and act for a variety of clients, including developers, promoters, objectors and decision-makers. The stable also vaunts expertise in planning appeals and judicial review proceedings.” This includes “Star Individual” Malcolm Thomson QC. Ampersand is also a Band 2 set in Product Liability stating “Ampersand Advocates enjoys an enviable reputation as one of the top-ranked sets in Scotland. It undertakes product liability work to the same excellent standard as the many other areas of the law it practices in. Members here work across a wide range of industry sectors and act for both claimants and defendants. The set has a particular reputation for handling cases that arise from the healthcare sector”.
The Clerks also receive high praise noting “The whole team is very organised.” and “their clerks are excellent, very responsive and helpful”.
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.
The guide says “Ampersand houses ‘an excellent group’ of advocates, who handle a broad spectrum of practice areas, including commercial, planning, property and public law. The stable is particularly noted, however, for its very strong personal injury and clinical negligence team.”
32 Ampersand advocate’s are listed in The Legal 500 UK 2017 guide to outstanding counsel published on 11 October 2017.
Civil liberties, human rights, public inquiries, and public and administrative law (including local government) – Civil liberties, human rights, public inquiries, and public and administrative law (including local government) – Leading silks
– Aidan O’Neill QC A natural orator.
– Dorothy Bain QC Hardworking, determined and confident in court
– Douglas Ross QC Very intelligent and personable.
– Laura-Anne van der Westhuizen Very bright and a pleasure to work with.
Commercial litigation
– Alan Dewar QC A formidable practitioner.
– Craig Sandison QC A standout silk.
– Robert Howie QC An incredibly bright and extremely talented silk.
– Ronald Clancy QC Highly recommended for a broad spectrum of commercial cases.
– Eoghainn MacLean Determined in court.
Company and insolvency
– David Sellar QC A first-choice silk for complex company and insolvency matters.
Employment – Employment
– Russell Bradley Very experienced in TUPE, restrictive covenants and whistleblowing cases.
Intellectual property, information technology and media
– Craig Sandison QC Brilliantly clever and tenacious in court.
– Usman Tariq He has considerable experience on his feet.
Personal injury and medical negligence
– David Stephenson QC He is great to work with due to his unflappable demeanour.
– Euan Mackenzie QC A meticulous silk with a first-class intellect.
– Graham Primrose QC He has impressive technical knowledge.
– Hugh Campbell QC Very experienced across the spectrum of disease and injury cases.
– Lauren Sutherland QC A highly dedicated silk.
– Lisa Henderson QC She has fantastic attention to detail and notable client empathy.
– Maria Maguire QC Her remarkable grasp of the facts enhances her focus on a case.
– Simon Di Rollo QC A very effective court performer.
– Archie MacSporran Very experienced in complex and high-value clinical negligence cases.
– Christian Marney Well known for acting in personal injury matters.
– Fiona Drysdale Hardworking with a very detailed approach.
– James Dawson He has a sound understanding of complex scientific material.
– Una Doherty Reliable and well organised
Planning, environmental and licensing
– Ailsa Wilson QC Highly experienced in regulatory environmental disputes.
– Malcolm Thomson QC A patrician of planning law.
– Marcus McKay QC Recommended for cases involving renewable energy.
– Laura-Anne van der Westhuizen Painstaking and great with clients.
Property, construction and agriculture
– Christopher Haddow QC Recommended for a broad range of property matters.
– Robert Howie QC A go-to silk for construction law matters.
– Eoghainn MacLean Willing to explore every possibility to assist his clients.
Full listings can be viewed here.
