Mark Fitzpatrick has developed a particular interest in medical negligence actions. Mark has come to act principally for Defenders and has represented the interests of various Health Boards in numerous Fatal Accident Inquiries arising out of unexpected deaths in hospital. He also has an interest in mental health law.
Since calling to the Bar in 2011, Paul Reid has built a strong practice anchored around professional liability and public law. In 2020, he was appointed the First Standing Junior Counsel to the Scottish Government (having first been appointed a Standing Junior in 2015). In that capacity he has advised the Scottish Government in respect of a broad range of public law matters and represented them in numerous high profile cases of constitutional significance (e.g. the 2022 Referendum Reference to the Supreme Court). In that capacity, he has also represented the UK Government before the European Court of Human Rights in Strasbourg. He has particular experience in respect of prison-related litigation (including several high profile Fatal Accident Inquiries following deaths in custody) and planning-related litigation (including compensation claims before the Lands Tribunal and planning appeals to the Inner House).
Paul also has particular interest and experience in professional liability and regulation (especially claims against solicitors, surveyors and medical professionals). As well as conducting litigation on behalf of professionals and professions, he has appeared before fitness to practice panels (medical profession), the Scottish FA’s judicial panel (sporting) and has represented legal professionals seeking leave to appeal decisions of the SLCC. He has appeared in a number of regulatory appeals to the Court of Session (both following substantive fitness to practice proceedings and in respect of extensions of interim orders). In that respect, he has experience represented both professionals and regulatory bodies. Paul is regularly instructed by the NHS in Scotland to advise on a wide range of matters, including clinical negligence claims, mental health issues and advice in relation to various issues of statutory and regulatory compliance, including advise in respect of medico-legal ethical issues. He was instructed by the NHS in their successful defence of the Scottish mesh litigation and acts on behalf a firm of engineers in another group litigation before the Court of Session (the Watling Street litigation). He represented the driver of the Glasgow bin lorry in the Fatal Accident Inquiry into the December 2014 disaster. He has also represented parties before the Scottish Child Abuse Inquiry and the UK Infected Blood Inquiry. Although predominantly instructed on behalf of defenders, Paul also has experience of pursing a range of claims (professional liability, commercial and property). He regularly appears before the Court of Session and other tribunals.
Paul has taught public law at the University of Edinburgh since 2004, regularly lecturing and tutoring on various aspects of the subject. He has a particular interest in judicial review, surveillance powers and electoral law. In July 2024, he was appointed an Honorary Teaching Fellow at Edinburgh Law School and he will join the Editorial Board of the leading journal, Public Law, in January 2025. Paul regularly publishes articles and blogs on public law and has written the third and fourth editions of the Green’s Concise Guide to Public Law (published in October 2015 and August 2020, respectively). He also regularly speaks at seminars on public law and professional liability.
Paul is ranked in five different areas by Chambers and Partners (2024): Administrative and Public Law, Clinical Negligence, Commercial Dispute Resolution, Product Liability and Professional Negligence.
In 2022, Paul was appointed as a part-time Sheriff and in 2023 he was appointed King’s Counsel.
Listed as a Leading Silk (Legal 500, 2024)
“A highly regarded silk who is regularly retained to defend institutions and individuals implicated in alleged medical negligence….He is widely recognised for his involvement in large group actions. (Chambers 2024)”
“A thoughtful, detailed, organised and clever advocate who has the ear of the court. A very thorough, calm and methodical approach” (Chambers 2023)
“An excellent strategist…an excellent advocate… first-class skills in dealing with clients… very approachable” (Chambers 2022)
“Regularly retained to defend institutions and individuals implicated in alleged medical negligence…..very responsive” (Chambers 2021)
“A highly regarded silk….an excellent advocate…” (Chambers 2020)
“A highly experienced and astute senior counsel who hides considerable steel under an air of unflappable congeniality” “A highly regarded silk” (Chambers 2019)
“Very good in court… very knowledgeable… always very well prepared” “His attention to detail is second to none.” “Extremely user friendly. Very good with clients” (Chambers 2018)
“Has the ear of the court… excellent at defending cases” (Chambers 2017)
“Very intellectually able… measured, unflappable and very dedicated” (Chambers 2016)
“Always ensures that the client’s best interests are kept centre stage” (Chambers 2015)
“Widely recognised for his work on behalf of both clinical institutions and health professions” (Chambers 2014)
Simon Bowie KC undertakes a wide range of civil litigation. He has “an impressive and broadranging practice which covers a wide range of civil and commercial work.” (Chambers 2014) He has over 19 years experience; he has appeared at most levels of the Scottish criminal and civil court systems.
He has extensive experience of oral advocacy. “He is very calm, self assured, reasonable and a very smooth advocate”. “He has excellent attention to detail”. His “ability to swiftly grasp vast amounts of information is superb.” (Chambers 2015) He has appeared in proofs and reclaiming motions in the Court of Session, and prosecuted serious crime in the High Court and the Appeal Court. He has acted in high profile cases involving complex and novel points of law: shipping/oil and gas law (The “Braer” Oil tanker litigations), construction law (Costain Engineering v Scottish Rugby Union arbitration), negligence/scope of duty of care of police (Gibson v Chief Constable of Strathclyde); corporate insolvency (Geddes Petitioner). Between 2005 to 2008 he was appointed standing junior to the Department for Work and Pensions (social security) and the Home Department (immigration).
Recent high profile instructions/cases: UK/Scottish Covid Inquiries for Public Health Scotland (2023); UK Infected Blood Inquiry for Scottish Health Boards and SNBTS (to January 2023); Mesh litigation “class action” – principal senior counsel for NHS Scotland defending around 500 cases – largest medical litigation in Scottish legal history. Retained by the Scottish Football Association.
Vinit Khurana KC is the only practising member of the Scottish Bar dually qualified in law and medicine. He has the unique distinction of having practised as a medical General Practitioner for over a decade as well as being an Advocate since 1999. He took silk in 2018.
Vinit has a wide ranging practice involving both appearance and advisory work. He has experience of acting for and against private individuals and corporations. He also has experience of acing for and against public bodies. He regularly acts for and against health boards in professional negligence and personal injury cases.
Vinit specialises in all aspects of Medical Law including clinical negligence, judicial review, professional disciplinary matters, regulatory work and mental health. He is one of the most experienced practitioners at the Scottish Bar in relation to Fatal Accident Inquiries having appeared at over 20 such Inquiries since 2000. Since calling in 1999 his medical knowledge has proven to be a valuable asset in a wide variety of cases. His instructions have encompassed both civil and criminal work. Examples of the breadth of his instructions include: fraud cases brought by Health Boards against Optometrists before the NHS Tribunal; the chairing of the NHS Classification Appeal Committee in respect of disciplinary matters; appearances on behalf of the National Appeal Panel in judicial review petitions for entry to the pharmaceutical list; and advisory work in connection with many other matters related to the provision of healthcare including competition law issues in the provision of dispensing services by pharmacists and GPs, optometric and pharmaceutical services regulation, contractual arrangements between Health Boards and GP primary care providers, mental health matters and ECHR issues in the areas of organ donation and treatment refusal.
Vinit was the Chair of the Faculty of Advocates Sub-Committee which responded to the Scottish Government’s consultation on the reform of mental health legislation. He has also responded on behalf of the Faculty of Advocates to Scottish Government consultations on organ donation and transplant. He is currently a member of the Faculty Committee that oversees all of the Faculty’s responses to Scottish Government consultations.
Throughout his career Vinit has been prepared to work in new areas. He enjoys new challenges. He is a conscientious and hard worker. This has allowed him to gain an understanding of the particular circumstances of and the legal background to the cases in which he has been instructed. As well as appearing in court in complex, high profile and urgent matters, he regularly provides written advice on a wide variety of matters.
Vinit was called to the Bar of England & Wales in 2019. He can accept instructions in England and Wales via his clerks at Whitestone Chambers.
Ailsa Wilson KC has practised widely in various areas of the law since calling to the Bar in 1993, as reflected by the range of areas of interest. More recently, the focus of her practice has been on land-related disputes that include planning, environmental and other statutory regimes. The cases in which she has been involved, either representing parties at hearings or providing advice, cover not only statutory consents procedures but also compulsory purchase and compensation claims. She has considerable experience with infrastructure proposals for both promoters and objectors. Her experience also includes the more detailed disputes that arise from the regulatory environmental protection regime, such as appeals against decisions by SEPA.
Ailsa Wilson’s practice involves providing advice in relation to a broad range of issues that can arise from land ownership, such as property rights and contractual obligations associated with development of land. It also covers interference with property rights and recently she acted for the access authority in a test case under the Land Reform (Scotland) Act 2003 in respect of Kinfauns Estate owned by Ann Gloag.
These areas of practice often give rise to public inquiries, appeals to either the Sheriff Court or Court of Session, and applications for judicial review. Separately as a Standing Junior to the Advocate General, Ailsa Wilson has gained considerable experience in administrative and public law areas such education, immigration, human rights and competition law.
Euan Mackenzie K C is regularly instructed in cases of high value, importance and complexity in the field of medical negligence and personal injury. He has particular expertise in public law, public inquiries, planning and environmental law as well as personal injury and medical negligence. He has many years experience of preparing and conducting cases in the Court of Session and in other courts and tribunals. His clients include the Scottish Government, public sector bodies, commercial organisations, health boards, medical defence unions, local action groups and individuals. He was a standing Junior Counsel to the Scottish Government between 2006 and 2016. He was Junior Counsel to the Penrose Public Inquiry between 2009 and 2014 and second Senior Counsel to the Edinburgh Trams Public Inquiry from 2014 to 2019. He took Silk in 2016.
