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.

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.

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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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.

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Determination issued in Joint FAI of Snowman Rally and Jim Clark Rally

Sheriff Kenneth Maciver QC has issued his determination in the Joint FAI of Snowman Rally and Jim Clark Rally

The Sheriff’s determination in the Fatal Accident Inquiry into the deaths which occurred at two Scottish motor racing rallies has been published. Evidence was led over several weeks at Edinburgh Sheriff Court between July and the end of September 2017 as to the circumstances of a fatality which occurred during the Snowman Rally near Inverness in 2013 and of a further three fatalities which occurred during the Jim Clark Rally in the Scottish Borders in 2014. The FAI was the first ever joint Fatal Accident Inquiry into two separate fatal accidents and examined issues relative to the organisation and management of motor sport rallies, in particular in relation to safety of spectators and members of the public. Ampersand’s Simon Bowie QC acted on behalf of Russel Blood, clerk of the course for JCR 2014 and event director of the Jim Clark Memorial Motor Club Ltd

The Determination can be found here.

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Determination by Sheriff Kenneth Maciver QC re Joint FAI of Snowman Rally and Jim Clark Rally

The Determination can be found here.

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Usman Tariq KC

Usman Tariq has extensive experience of high-value and complex commercial disputes and public law litigation. His core areas of practice include contractual, intellectual property, insolvency, banking, company and professional negligence disputes. He also specialises in administrative and public law, including judicial reviews, and has experience of advising clients on sanctions law. He has appeared at all levels of the Scottish court system, including the UK Supreme Court.

The breadth of his experience and expertise is recognised in the Chambers & Partners UK Bar Guide 2025 in which he is ranked as a leading individual in eight practice areas. This is the highest number of individual rankings for the Scottish Bar. He was recognised as Advocate of the Year at the Law Awards of Scotland 2017 and the Legal 500’s Junior Counsel of the Year at the Scottish Bar at the Legal 500 UK Awards 2019.

He has held a number of professional appointments. Since 2022, he is appointed as counsel to the UK Covid-19 Public Inquiry chaired by Baroness Heather Hallett. He is a member of the legal team investigating core political and administrative governance and decision-making in relation to the pandemic. He was involved in high-profile public hearings in January 2024 in which key individuals involved in the pandemic response in Scotland gave evidence. He has gained significant experience of acting in public inquiries. He was also a Standing Junior counsel to the UK Government in Scotland for nine years and latterly served as Second Standing Junior to the Advocate General for Scotland before his appointment as silk. He has served as a full-time Advocate Depute at the Crown Office between 2021 and 2022.

He has been described in the Chambers & Partners UK Bar Guide as being “universally respected at the Bar, including by opponents and the judiciary” and a “very highly regarded practitioner” who has “the ear of the court” and is “very popular with the judiciary”. He is ranked in the Chambers & Partners UK Bar Guide 2025 for the following eight practice areas: (i) commercial dispute resolution; (ii) intellectual property; (iii) information technology; (iv) media law; (v) restructuring / insolvency; (vi) professional negligence; (vii) administrative and public law; and (viii) civil liberties and human rights. He is also ranked in the Legal 500’s UK Bar Guide 2024 for commercial disputes and administrative and public law.

He acts in cases across the commercial spectrum. He is ranked in the Chambers & Partners UK Bar Guide 2025 and in the Legal 500 UK Bar Guide 2024 for commercial disputes. He is described in the Chambers & Partners Bar Guide 2024 as “an absolute standout advocate, a superb all-rounder who is great with clients” and whose “legal analysis is outstanding”. His expertise in professional negligence claims is recognised by Chambers & Partners who note that he has a “reputation for his handling of professional negligence claims, primarily against firms of solicitors”. He also undertakes a significant amount of work in the field of personal and corporate insolvency. Chambers & Partners note that “he is regularly instructed to act for administrators, liquidators and trustees, among other parties, in complex corporate and personal insolvency cases”.

He has developed a market-leading reputation for intellectual property disputes. He has been described by the Legal 500 as “The best all-round IP junior in Scotland”. Chambers & Partners has noted that he is a “real standout in IP” and “well deserving of his reputation as a go-to IP barrister”. In addition to appearing in most of the leading IP cases in the Court of Session over the past decade, he has experience of conducting proceedings in the UK Intellectual Property Office. He also has a leading reputation for Information Technology disputes. He is the only junior counsel in Scotland recognised by Chambers & Partners for expertise in this practice area. Chambers & Partners note that he “garners critical acclaim in the market for his abilities in a host of cases including those involving the IP rights in games, television and related merchandise”. He has acted in high-profile cases in the gaming industry, including for Sony Interactive Entertainment and Naughty Dog in relation to the hack of servers and leak of footage from the “Last of Us Part II” video game before its release, and Rockstar Games in relation to modding of the software of the “Grand Theft Auto V” video game.

He has significant expertise in administrative and public law as well as civil liberties and human rights. He is ranked in both the Chambers & Partners and Legal 500 UK Bar directories for administrative and public law. In his role as a Standing Junior counsel to the UK Government in Scotland, he has advised and represented a number of UK government departments including the Cabinet Office, Home Office, Department of Work and Pensions, Department of Energy Security and Net Zero and the Ministry of Defence. He is described by Chambers & Partners as having a “busy public and administrative law practice, in which he acts mostly for central government”. He is also described as a “well-regarded civil liberties and human rights advocate” who is “particularly adept at judicial reviews concerning EU, human rights and immigration law”. He has significant experience of EU law, including having advised on the applicability of the sanctions regime.

He has experience of alternative dispute resolution as counsel in mediations and arbitrations. He has been appointed as the arbitrator in commercial disputes. He has also been a legal member of the Scottish Football Association’s Judicial Panel.

He is an alumnus of the U.S. Department of State’s International Visitors Leadership Program (IVLP). The IVLP is the U.S. Department of State’s premier professional exchange programme in which emerging foreign leaders in a variety of fields are invited to the U.S. to meet with professional counterparts and cultivate lasting relationships. In 2022, he spent time in Washington D.C., San Francisco, Portland and Montana meeting with various federal and state governmental bodies, NGOs and stakeholders in a human rights project on Advancing Minority Rights in Europe.

He is a member of the Royal Society of Edinburgh’s Young Academy of Scotland (YAS). YAS aims to bring together young professionals from all sectors to work together on projects that benefit Scotland and the world.

He is passionate about improving inclusion in the legal profession in Scotland. In 2017, he co-founded the Scottish Ethnic Minority Lawyers Association (SEMLA). SEMLA aims to improve ethnic diversity in the legal profession in Scotland. The group is supported by the Law Society of Scotland and the Faculty of Advocates. SEMLA has collaborated with some of the largest law firms and organisations across the UK on events and work placements for law students from ethnic minority backgrounds. In 2021, he was appointed to the Law Society of Scotland’s Racial Inclusion Group which undertook a systematic review of racial inclusion in the profession and produced a report with recommendations. In 2023, he was appointed to the Scottish Government’s Future of the Legal Profession short-life working group. The purpose of this group is to examine the evidence and propose improvements to address the challenges of recruitment and retention in the profession and to provide support for the planning, collaboration and improvement of legal services in Scotland.

He called to the Bar as the Faculty’s Lord Reid scholar for 2010/2011. This scholarship is awarded annually to the outstanding candidate to the Bar. He is a graduate of the University of Glasgow and the University of Cambridge.

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