Michael Way
Michael Way’s principle areas of practice are public & administrative law, commercial disputes and civil liberties/human rights.
Michael is listed as a ‘Rising Star’ in the 2021/22 Legal 500 in both Commercial Disputes and Administrative and Public Law.
“A brilliant advocate – insightful, thorough and refreshingly convincing on his feet, he is approachable and easy to work with.” – Legal 500 2021/22 ‘Administrative and Public Law’
After spending several years as a performer in the music industry, Michael trained with one of Scotland’s leading commercial law firms and undertook a six month secondment to the Scottish Government Legal Directorate. Shortly after qualifying as a solicitor Michael began devilling, during which he won the Mike Jones Excellence in Advocacy prize and was the Faculty Scholar 2018/19.
Since calling, Michael has appeared regularly in courts and tribunals throughout Scotland. In particular, he has:
- appeared for Serco defending over 150 interdict actions, including appearances in the Sheriff Appeal Court and instruction during the related Inner House reclaiming motion process;
- been instructed by petitioners in a number of successful Court of Session judicial review actions in immigration and housing matters;
- instructed by child respondents in nobile officium petitions seeking recognition of English High Court deprivation of liberty orders;
- appeared frequently for the Advocate General as a standing ‘junior junior’ in the First-tier Tribunal (Immigration and Asylum Chamber);
- been instructed in a variety of property, contractual, professional negligence, debt recovery and insolvency disputes, including success after proof in a case involving a challenge to interest to enforce real burdens;
- developed a proficiency in consumer rights issues, including claims under the Consumer Rights Act 2015 and the Consumer Protection From Unfair Trading Regulations 2008;
- assisted in a major offshore dispute in Jersey;
- undertaken criminal appeal work, with successful appearances in the High Court and Sheriff Appeal Court.
Michael has a strong academic background with degrees from Oxford, King’s College London and Edinburgh. Since 2015, Michael has tutored at the University of Edinburgh (Jurisprudence; Critical Legal Thinking) and was previously a guest lecturer in Business Law at Queen Margaret University. He was the research assistant to Lady Poole and Sheriffs McCartney and Drummond on their recent book A Practical Guide to Public Law Litigation in Scotland (2019; W.Green)
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Infected Blood Inquiry evidence begins
The first evidence from the infected and affected began today in the UK-wide Infected Blood Inquiry.
The Inquiry will examine why men, women and children in the UK were given infected blood and/or infected blood products, the impact on their families, how the authorities (including government) responded, the nature of any support provided following infection, questions of consent and whether there was a cover-up.
In the opening statement from the Sir Brian Langstaff, Chair of the Inquiry he said:
“Today is a significant day for the Inquiry. It’s the day we first hear evidence given orally.”
“I want to thank the many who have volunteered statements…some are harrowing, some moving, some chilling. All are valuable.”
“At the preliminary hearings I set out the principles guiding this Inquiry: putting people at its heart, being as quick as reasonable thoroughness permits, respecting a person’s right to be heard, being open and transparent, being independent and being frightened of no one.”
“Every statement the Inquiry receives will be read. Each will be different, and each is important. And the evidence of all those who have made, or will make, statements is of real value, whether or not they give it orally.”
“For many making a statement has been, and for some it yet will be, an act of bravery…. It may have stirred up, and may yet stir up, distressing memories. I understand some simply cannot bring themselves to make a statement because it is too much.”
“I am here to listen. I have much to learn and the oral evidence will be an important part of that.”
In her opening statement, Jenni Richards QC, Counsel to the Inquiry, said:
“The fulfilment of the terms of reference requires us to look at treatment, to look at warnings, to examine adequacy of information provided and the adequacy of support and care given.”
“Those who are not being called to give evidence should know that every statement is read and every statement will inform our findings and every statement will be published.”
“I would like to update on the work of the Inquiry. The scale is unprecedented. So far the Inquiry has received 1200 witness statements and we expect the same again in the coming months. Large scale searches are taking place.”
“Further plans for hearings, following those in October, the Inquiry intends to build on evidence from individuals by hearing from some clinical experts giving evidence about impact. There will then be a pause to review evidence before further hearings beginning in Spring.”
Ampersand’s Aidan O’Neill QC with Jamie Dawson (and Kirsten Sjovoll of Matrix Chambers) as junior counsel, act for Haemophilia Scotland and the Scottish Infected Blood Forum instructed by Thompsons Solicitors (Scotland). Ampersand’s Simon Bowie QC (with Barney Ross of Compass Chambers) is for the Scottish National Blood Transfusion Service and Health Boards is instructed by the Central Legal Office, NHS National Services Scotland.
Details of the Inquiry can be found on the Inquiry website here.
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UK Infected Blood Inquiry set to begin
A UK-wide Inquiry examining infected blood and/or infected blood products opens in London today with a commemoration of its victims.
The Inquiry will examine why men, women and children in the UK were given infected blood and/or infected blood products, the impact on their families, how the authorities (including government) responded, the nature of any support provided following infection, questions of consent and whether there was a cover-up,
3 days of preliminary hearings will hear from Sir Brian Langstaff, Chair of the Inquiry and Jenni Richards QC, Counsel to the Inquiry, followed by the core participants, ahead of the main hearings scheduled to start in 2019.
Ampersand’s Aidan O’Neill QC with Jamie Dawson (and Kirsten Sjovoll of Matrix Chambers) as junior counsel, will deliver the Opening Statement on behalf of 248 individual core participants, Haemophilia Scotland and the Scottish Infected Blood Forum instructed by Thompsons Solicitors (Scotland) . Simon Bowie QC delivering the Opening Statement for the Scottish National Blood Transfusion Service is instructed by the Central Legal Office, NHS National Services Scotland.
Details of the Inquiry, including how to watch the live stream, can be found on the Inquiry website here.
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Alexander Sutherland
Alex Sutherland practises in commercial law, public law (including judicial review and planning) and reparation. Selected cases are below.
He was an advocate depute, preparing and presenting cases in the High Court of Justiciary, from 2021 to 2024. He conducted over 30 trials in the High Court, including for murder, attempted murder, causing death by dangerous driving, possession of firearms and rape.
In March 2024 he was appointed as a standing junior to the Scottish Government.
In May 2020 he was appointed as a reporter for Session Cases. He contributed chapters on the sale of goods and (together with Ross Anderson) alternative dispute resolution for the second edition of Scots Commercial Law. He tutored Civil Court Practice as part of the Diploma in Professional Legal Practice at Edinburgh University in 2019 and 2020.
Before calling to the Bar, Alex trained with a commercial firm in Edinburgh. He completed his LLB at Glasgow University in 2014 and the Diploma in Professional Legal Practice at Edinburgh University in 2015. Before then, he studied German and English Language at Edinburgh University, during which time he spent a year studying in Vienna.
He speaks fluent German and French and is well placed to undertake work involving consideration of documents in those languages.
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Ciaran Williamson FAI
Sheriff Ruxton has issued his determination into the death of Ciaran Williamson following an accident at Craigton Cemetery.
Sheriff Ruxton made a number of significant determinations identifying, (a) reasonable precautions where by Ciaran’s death might have been avoided, (b) defects in GCC system of working in relation to the safety of gravestones and memorials , (c) recommended that the Scottish Government issue guidance on gravestone and memorial safety and (d), recommended that GCC reconsider their most recent guidance issued in 2015.
In summary Sheriff Ruxton determined:
(a) The reasonable precautions, if any, whereby the death and the accident resulting in the death might have been avoided:
- The carrying out of repairs to the perimeter wall at Craigton Cemetery so that the convenient but unauthorised access point opposite the flats where Ciaran lived was sealed was a reasonable precaution whereby Ciaran’s death and the accident resulting in his death might have been avoided.
- A routine inspection of the Ross memorial incorporating the application of a hand test at various heights including at the height of the pediment in order to detect concerning movement would have been a reasonable precaution whereby Ciaran’s death and the accident which resulted in his death might have been avoided.
(b) The defects, if any, in an system of working which contributed to the death or any accident resulting in the death.
The absence of an active system of inspection to ensure the safety and stability of memorials in Glasgow cemeteries and, in particular, in Craigton Cemetery was a defect in Glasgow City Council’s system of working which contributed to Ciaran’s death and the accident resulting in his death.
(c) Any other facts which are relevant to the circumstances of the death:
- There was confusion as to the proper interpretation of industry guidance on safety management within cemeteries and the methods of inspection of memorials to determine their stability and safety. The available guidance is unclear on a number of aspects including the appropriate test to be applied to large, heavy monuments such as the Ross memorial and the circumstances in which it is appropriate to apply the industry-recognised 25 kilogramme pressure test.
- Large, heavy, multi-part memorials such as the Ross memorial present particular dangers to the public when they begin to shift from vertical and lean towards the ground. There is a lack of clear advice to local authorities on how to test these moving structures.
- There is an absence of Scottish guidance on safe cemetery management with particular reference to memorial safety. These are matters which have significant implications for the safety of the public who visit cemeteries and all who work there.
Recommendations Sheriff Ruxton recommended:
- That the Scottish Government issue separate guidance on memorial safety in cemeteries for use by local authorities throughout Scotland. Such guidance should include a category of advice on how to inspect large, traditional monuments such as the Ross memorial, as distinct from lawn memorials and other smaller structures. Given the potential danger posed by large leaning memorials, these should be given special attention and clear guidance issued as to the procedures for testing their safety and stability in order to assess whether there is concerning movement associated with such structures.
- That Glasgow City Council reconsider their recent 2015 guidance on memorial inspection to take account of the issues raised in this Inquiry. 3. That consideration be given by the relevant agencies and associations that the existing industry guidance on memorial safety and stability testing be re-visited with a view to producing separate guidance on the inspection of traditional memorials and, in particular, those whose centres of gravity are shifting from the vertical.
The full Determination can be found on the Scottish Courts & Tribunal Service website here.
Dorothy Bain QC for the bereaved family.
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Ciaran Williamson FAI
Sheriff Ruxton has issued their determination into the death of Ciaran Williamson following an accident at Craigton Cemetery.
During the course of this FAI, in their submissions to the Sheriff both the Crown and Glasgow City Council, “GCC” argued that Sheriff Ruxton should make no findings in relation to;- (a) reasonable precautions that might have resulted in Ciaran’s death being avoided, (b) defects in any system of work which contributed to his death, and (c) that after Ciaran’s death, GCC had developed appropriate policies and their staff have been trained to carry out appropriate inspections of gravestones and memorials under their care and control.
The approach of the Crown and GCC to this Inquiry was challenged by Counsel on behalf of the bereaved family, Dorothy R Bain QC and today Sheriff Ruxton’s determination was issued.
Contrary to the position adopted by the Crown and GCC, Sheriff Ruxton made a number of significant determinations identifying, (a) reasonable precautions where by Ciaran’s death might have been avoided, (b) defects in GCC system of working in relation to the safety of gravestones and memorials , (c) recommended that the Scottish Government issue guidance on gravestone and memorial safety and (d), recommended that GCC reconsider their most recent guidance issued in 2015.
In summary Sheriff Ruxton determined:
(a) The reasonable precautions, if any, whereby the death and the accident resulting in the death might have been avoided:
- The carrying out of repairs to the perimeter wall at Craigton Cemetery so that the convenient but unauthorised access point opposite the flats where Ciaran lived was sealed was a reasonable precaution whereby Ciaran’s death and the accident resulting in his death might have been avoided.
- A routine inspection of the Ross memorial incorporating the application of a hand test at various heights including at the height of the pediment in order to detect concerning movement would have been a reasonable precaution whereby Ciaran’s death and the accident which resulted in his death might have been avoided.
(b) The defects, if any, in an system of working which contributed to the death or any accident resulting in the death.
The absence of an active system of inspection to ensure the safety and stability of memorials in Glasgow cemeteries and, in particular, in Craigton Cemetery was a defect in Glasgow City Council’s system of working which contributed to Ciaran’s death and the accident resulting in his death.
(c) Any other facts which are relevant to the circumstances of the death:
- There was confusion as to the proper interpretation of industry guidance on safety management within cemeteries and the methods of inspection of memorials to determine their stability and safety. The available guidance is unclear on a number of aspects including the appropriate test to be applied to large, heavy monuments such as the Ross memorial and the circumstances in which it is appropriate to apply the industry-recognised 25 kilogramme pressure test.
- Large, heavy, multi-part memorials such as the Ross memorial present particular dangers to the public when they begin to shift from vertical and lean towards the ground. There is a lack of clear advice to local authorities on how to test these moving structures.
- There is an absence of Scottish guidance on safe cemetery management with particular reference to memorial safety. These are matters which have significant implications for the safety of the public who visit cemeteries and all who work there.
Recommendations Sheriff Ruxton recommended:
- That the Scottish Government issue separate guidance on memorial safety in cemeteries for use by local authorities throughout Scotland. Such guidance should include a category of advice on how to inspect large, traditional monuments such as the Ross memorial, as distinct from lawn memorials and other smaller structures. Given the potential danger posed by large leaning memorials, these should be given special attention and clear guidance issued as to the procedures for testing their safety and stability in order to assess whether there is concerning movement associated with such structures.
- That Glasgow City Council reconsider their recent 2015 guidance on memorial inspection to take account of the issues raised in this Inquiry. 3. That consideration be given by the relevant agencies and associations that the existing industry guidance on memorial safety and stability testing be re-visited with a view to producing separate guidance on the inspection of traditional memorials and, in particular, those whose centres of gravity are shifting from the vertical.
The full Determination can be found on the Scottish Courts & Tribunal Service website here.
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