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FAI determination into deaths at HMPYOI Polmont issued

Sheriff Collins K.C. has issued his determination following a Fatal Accident Inquiry into the deaths by suicide of Katie Alan and William Brown at HM Prison and Young Offenders Institution Polmont (“Polmont”) in 2018. Ampersand Advocates’ Paul Reid K.C. acted on behalf of the Scottish Prison Service (“SPS”) and Isla Davie K.C. and Shane Dundas, Advocate acted on behalf of Forth Valley Health Board.

As both deaths occurred in custody, the Inquiry was mandatory in terms of s.2(4)(a) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (“the 2016 Act”). Whilst the deaths of Katie and William were not directly connected, the Lord Advocate determined that the deaths occurred in similar circumstances and a single inquiry was therefore held under s.14 of the 2016 Act. The FAI was heard at Falkirk Sheriff Court in a specially configured court, in which the inquiry into the M9 crash had also recently been heard.

The purpose of the Inquiry was to establish the circumstances of the deaths and consider what steps (if any) might be taken to prevent other deaths in similar circumstances in the future. Evidence was heard over a period of around four weeks.

In relation to Katie’s death, the Sheriff found that there were failures to identify, record and share information relevant to Katie’s risk in accordance with the suicide prevention scheme operated within Polmont. Notwithstanding that, it was not established, but for those failures, that Katie’s death might realistically have been avoided. The Sheriff found that Katie’s death was spontaneous and unpredictable and the evidence did not suggest that Katie should have been assessed as being at a risk of death by suicide prior to her death. However, the Sheriff found that it would have been a reasonable precaution to accommodate Katie in a cell that did not have a rectangular toilet cubicle door stop (which the Sheriff noted was a recognised potential ligature anchor point). That being so, the Sheriff found that removal of that potential ligature point would have been a reasonable precaution which, if taken, might realistically have avoided the death. In connection with that, the Sheriff held that a defect in the system of working which contributed to Katie’s death was that there was no system in place to regularly audit Katie’s cell for the presence of ligature anchor points or to remove or reduce such points as had been identified.

In relation to William’s death, the Sheriff found that there were several reasonable precautions which, if taken, might realistically have avoided his death. Those included: (i) keeping William on Talk to Me (“TTM”) (the suicide prevention strategy implemented in Polmont) observations rather than removing him therefrom the day after his admission; (ii) when further information was received about William’s background, reassessing William and putting him back onto the TTM strategy; and (iii) accommodating William in a cell which did not have a bunk bed in it, or otherwise removing the bunk bed. The Sheriff also found that there were several defects in the system of working. In addition to the same defect identified in relation to Katie’s death, defects which were identified as contributing to William’s death related to information sharing, actioning mental health referrals and the removal of persons from TTM in the absence of background information about them or their risk of suicide.

The Sheriff made several recommendations following the deaths of Katie and William. Those recommendations related to improving ligature prevention within Polmont, piloting the use of suicide prevention technology within Polmont, improving the system for acting on referrals made by the mental health team, improving the system of information sharing and recording between the courts, external agencies (including the families of those in custody), SPS and Forth Valley Health Board, and undertaking further training of staff. In addition, the Sheriff identified several matters which he recommended should be considered during the review of TTM which is already being undertaken by SPS (and, in connection with that, the Sheriff recommended that all Death in Prison Learning Audit Reviews should consider the safety of the physical environment when a prisoner dies by suicide).

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Ampersand Advocates excels in Chambers and Partners UK Bar Guide 2025

Ampersand Advocates has once again demonstrated its exceptional standing in the Scottish legal landscape, securing top-tier rankings across multiple practice areas in the newly published Chambers and Partners UK Bar Guide 2025. The stable has been recognised as a Band 1 set in Clinical Negligence, Personal Injury, Planning & Environment, and Public and Fatal Accident Inquiries, while achieving Band 2 rankings in Administrative & Public Law, Civil Liberties & Human Rights, Commercial Dispute Resolution, Construction, Professional Negligence, Real Estate Litigation, and Restructuring/Insolvency.

This performance underscores Ampersand’s breadth and depth of expertise, with the stable boasting a total of 11 set rankings and an impressive 101 individual rankings across 18 areas of practice for 41 members, which includes 6 “star individual” rankings.

Key highlights from the guide include:

In additional to these Scottish bar listings, Ampersand has members recognised in the London Bar where Julian Ghosh KC is Band 1 ranked in 3 tax areas, Aidan O’Neill KC is Band 2 listed for European Law, and Susanne Tanner KC has a spotlight listing for Independent Investigations in the All Circuits region.

The Ampersand clerks have again garnered widespread praise for their exceptional clerking services, with numerous sources highlighting the team’s efficiency, responsiveness, and proactive approach. The clerks are described as friendly, helpful, and pragmatic, offering first-class service that aligns with the commercial realities of litigation. Overall, Ampersand’s clerking team is recognised for delivering a consistently high standard of service.

These outstanding rankings reaffirm Ampersand Advocates’ position as a leading stable in Scotland, offering exceptional expertise across a wide range of practice areas. The stable’s commitment to excellence and depth of talent backed by exceptional clerking, continues to give instructing agents confidence when instructing an Ampersand advocate.

All of the Ampersand rankings can be viewed on the Chambers and Partners website here.

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Ampersand Advocates Welcomes Joanna Cherry KC

Ampersand Advocates is thrilled to announce the return of Joanna Cherry KC to practice at the Scottish bar. Joanna, a distinguished advocate with a remarkable career spanning law and politics, is joining Ampersand Advocates. She brings with her a wealth of experience in human rights, public law, criminal law, constitutional matters, medical-legal matters and in fatal accident inquiries.

Called to the bar in 1995 and taking silk in 2009, Ms. Cherry has established herself as a formidable presence in the legal world. Her extensive experience includes serving as a standing Junior to the Scottish Government and as an advocate depute. Prior to her political career, she built a successful appellate practice, regularly appearing before the UK Supreme Court as well as handling complex medical-legal cases and fatal accident inquiries.

Joanna served as the Member of Parliament for Edinburgh South West from 2015 to 2024. During that time, she was the front bench spokesperson for her party on justice and home affairs from 2015 to 2021. Thereafter she chaired parliament’s influential Joint Committee on Human Rights .

Her parliamentary tenure was marked by significant legal achievements, including her involvement in high-profile constitutional litigation that took her to both the European Court of Justice and the UK Supreme Court. Notably, she led the Scottish litigation that resulted in Boris Johnson’s prorogation of Parliament being ruled unlawful.

Joanna’s exceptional work has been widely recognised. She was awarded the Herald’s “Best Scot at Westminster” in 2019 and Holyrood magazine’s equivalent award in 2021. She is also an Honorary Bencher of the Middle Temple. The Legal 500 have recognised her as a leading silk in the criminal field and in personal injury, medical negligence and professional negligence where she was described as ‘Fearless in her pursuit of a satisfactory outcome for the client.’

Ampersand’s Practice Manager, Alan Moffat, expressed enthusiasm about Joanna joining the Stable: “We are delighted to welcome Joanna to Ampersand. Her expertise in human rights and public law, combined with her recent experience in high-level constitutional matters, along with her medical and FAI experience, will be an invaluable asset to our stable. Joanna’s addition reinforces our commitment to providing the highest caliber of legal representation to those instructing counsel.”

Ampersand is a leading Scottish Stable with recognised experience across Clinical Negligence and Personal Injury, Public and Planning law, and Commercial and Alternative Dispute resolution. Joanna Cherry’s inclusion in its ranks with 27 other senior counsel and 34 junior counsel further enhances Ampersand’s reputation as a leading force for those looking in instruct Scottish Counsel.

Ampersand is a tier 1 set with the leading legal directories across multiple practice areas and is the Scottish “Stable of the year” at the Legal 500 Scottish Awards 2023.

You can view Joanna Cherry KC’s profile here.

For any enquiries about instruction Counsel, please contact the Ampersand Clerking Team: ampersandclerks@advocates.org.uk.

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Joanna Cherry KC

Joanna Cherry KC called to the bar in 1995 and took silk in 2009. Joanna has established herself as a formidable presence in the legal world and has experience in human rights, public law, constitutional matters, criminal, medical-legal matters and in fatal accident inquiries. Her extensive experience includes serving as a standing Junior to the Scottish Government and as an advocate depute. Prior to her political career, she built a successful appellate practice, regularly appearing before the UK Supreme Court and handling complex medical-legal cases and fatal accident inquiries.

Joanna served as the Member of Parliament for Edinburgh South-West from 2015 to 2024. During that time, she was the front bench spokesperson for her party on justice and home affairs from 2015 to 2021. Thereafter she chaired parliament’s Joint Committee on Human Rights.

Her parliamentary tenure was marked by significant legal achievements, including her involvement in high-profile constitutional litigation that took her to both the European Court of Justice and the UK Supreme Court. She led the Scottish litigation that resulted in Boris Johnson’s prorogation of Parliament being ruled unlawful.

Joanna’s work has been widely recognised. She was awarded the Herald’s “Best Scot at Westminster” in 2019 and Holyrood magazine’s equivalent award in 2021. She is also an Honorary Bencher of the Middle Temple.

Prior to entering politics, the Legal 500 had recognised Joanna as a leading silk in the criminal field, and in personal injury, medical negligence and professional negligence, where she was described as “fearless in her pursuit of a satisfactory outcome for the client.”

Joanna has returned to full-time practice and is available for instruction.

Selected cases:

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Alexander Sutherland Returns to Full-Time Practice After Three Years as Advocate Depute

Ampersand is delighted to announce that Alexander Sutherland has returned to full-time practice at the civil bar after serving as an Advocate Depute for three years. During his time with the Crown Office, Alex prosecuted numerous cases in the High Court of Justiciary.

Alex’s return brings a wealth of experience to his practice areas, which include commercial law, public law (including judicial review and planning), and reparation. His time as an Advocate Depute saw him conduct over 30 trials in the High Court, handling cases involving murder, attempted murder, causing death by dangerous driving, possession of firearms, and rape.

Upon his return, Alan Moffat, Practice Manager said, “We are thrilled to welcome Alex back to full-time practice. His return strengthens our team and offers clients access to his unique blend of criminal and civil litigation experience. The time serving as an Advocate Depute in the Crown Office is invaluable, as he brings enhanced advocacy skills back to his civil practice.”

Alex’s expertise has been further recognised with his appointment as a Standing Junior to the Scottish Government in March 2024. He continues to serve as a reporter for Session Cases, a role he has held since May 2020.

With his fluency in German and French, Alex is particularly well-positioned to handle cases involving documents in these languages. His diverse background, including his contributions to legal publications and his experience tutoring Civil Court Practice at Edinburgh University, makes him a versatile and knowledgeable advocate.

For those seeking counsel with a proven track record in litigation and a broad range of legal expertise, Alexander Sutherland is available for instruction again.

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Ampersand Advocates Achieves Top Rankings Across Multiple Practice Areas in Legal 500 2025 Guide

Ampersand Advocates is delighted to once again be recommended as a top-tier set across multiple practice areas by The Legal 500 UK Bar Directory in their latest listings for the 2025 guide. The Stable has again achieved impressive rankings across five key practice areas, solidifying its position as a leading Scottish Set.

Ampersand has been listed as tier 1 in Administrative & Public Law, Personal Injury & Medical Negligence, Crime and Regulatory, and Property, Planning & Construction. The stable also secured a tier 2 ranking in Commercial Disputes. This comprehensive recognition spans an impressive 34 Senior Counsel rankings and 21 Junior Counsel rankings, including 2 rising stars, across the Scottish Bar listings.

Administrative and Public Law (Tier 1) Ampersand’s expertise in this area is highlighted by the rankings of Douglas Ross KC, Aidan O’Neill KC, Laura-Anne Van Der Westhuizen KC, Susanne Tanner KC and Paul Reid KC (2023 silk). The stable’s juniors Timothy Young and Ross Anderson are also recognized, with Michael Way noted as a rising star. Usman Tariq KC’s appointment to silk in September 2024 further strengthens the team.

Personal Injury and Medical Negligence (Tier 1) An impressive roster of silks includes Simon Bowie KC, Una Doherty KC, Lisa Henderson KC, Euan Mackenzie KC, Maria Maguire KC, Geoffrey Mitchell KC, Graham Primrose KC, Lauren Sutherland KC, Alan Dewar KC, Vinit Khurana KC, Douglas Ross KC and Fiona Drysdale KC (2023 silk). Jennifer Nicholson-White, Ayla Iridag, and Shane Dundas are recognized as leading juniors. James McConnell KC took silk in September 2024, further bolstering the team’s expertise.

Crime and Regulatory (Tier 1) The stable’s strength in this area is evidenced by the rankings of Simon Bowie KC, Lisa Henderson KC, Jamie Dawson KC, Una Doherty KC, Susanne Tanner KC, Geoffrey Mitchell KC, Paul Reid KC (2023 silk), and Fiona Drysdale KC (2023 silk). Ayla Iridag and Jennifer Nicholson-White are noted as leading juniors, with Michael Way recognized as a rising star. James McConnell KC and Usman Tariq KC were appointed to silk in September 2024.

Property, Planning and Construction (Tier 1) Robert Howie KC, Ailsa Wilson KC, Marcus McKay KC, and Laura-Anne Van Der Westhuizen KC are all ranked as leading silks. Eoghainn MacLean, Nicholas McAndrew, Ross Anderson, Timothy Young and Giles Reid are recognized as leading juniors.

Commercial Disputes (Tier 2) The stable’s commercial disputes team is led by silks Robert Howie KC, Laura-Anne Van Der Westhuizen KC, and Paul Reid KC (2023 silk). Ross Anderson, Eoghainn MacLean, Mark Boni, Timothy Young and Nicholas McAndrew are ranked as leading juniors, with Michael Way noted as a rising star. Usman Tariq KC’s appointment to silk in September 2024 adds further depth to the team.

Ampersand Advocates is also recommended in the Employment and Private Client and Family categories, with Aidan O’Neill KC ranked as a leading silk in Employment and Mark Boni recognised as a leading junior in Private Client and Family.

The Stable’s clerking team, led by Alan Moffat, received high praise for their efficiency, responsiveness, and proactive approach.

These rankings reflect Ampersand Advocates’ continued excellence and dedication to providing top-tier legal services across a wide range of practice areas in Scotland.

Full listings, for all of Ampersand’s rankings can be viewed on the Legal 500 website here.

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