Scott Clair called to the Bar in 2022 as a Lord Hope Scholar.
He has experience in a wide range of commercial, private and public law litigation. In the course of devilling, Scott was involved in a variety of complex and high-value cases including commercial disputes, clinical and professional negligence claims, regulatory, human rights and constitutional law cases. Scott has a particular interest in the latter and, whilst devilling, worked on a number of high-profile judicial review cases including a legislative competence challenge to an Act of the Scottish Parliament, a challenge to Scotland’s Census 2022 and the first removal of a judicial office holder under the Courts Reform (Scotland) Act 2014.
He has appeared before the Sheriff Courts, the Sheriff Appeal Court, the Court of Session (both Outer House and Inner House), and assisted with the preparation of cases before the UK Supreme Court and the European Court of Human Rights.
Before calling to the Bar, as a solicitor and then associate with a well-known litigation firm in Edinburgh, he gained substantial experience of appearing in court and regularly conducted proofs, debates and complex opposed motions including for interdict. Scott also gained experience in fatal accident inquiries and various forms of alternative dispute resolution, including arbitration, adjudication and mediation.
Scott has particular interests in contract law, clinical and professional negligence, media law, private client litigation and judicial review.
Scott also has an interest in legal education. Since 2021, he has tutored in Commercial Law, Public Law and Individual Rights, and Evidence at the University of Edinburgh.
Mark Boni called to the Bar in 2020, having qualified as a solicitor in 2014. In 2022, Mark was ranked by Legal 500 as a tier 2 leading junior in commercial disputes.
Mark has experience in a wide range of commercial, private and public law litigation and acted for clients in a number of high profile judicial reviews. As a solicitor and latterly associate with a well-known litigation firm, he appeared regularly in the Sheriff Courts conducting proofs and debates for both pursuers and defenders. In addition, Mark has conducted many procedural hearings, opposed motions and interim order hearings, including urgent interdict hearings.
Mark has experience of litigating in the Sheriff Courts, Sheriff Appeal Court, Lands Tribunal, Court of Session (Outer and Inner Houses) as well as the UK Supreme Court. Mark also has experience in alternative dispute resolution, including arbitration and mediation.
Whilst devilling, Mark was a Lord Hope Scholar and was involved in a variety of complex and high value cases including contractual and property disputes, professional negligence claims and intellectual property actions.
Mark tutors “Commercial Law”, “Public Law of the UK and Scotland” and “Public Law and Individual Rights” at the University of Edinburgh.
Mark has a particular interest in contract, prescription, personal insolvency, private client litigation and human rights.
Emma Busby joined Ampersand as a Deputy Clerk in February 2020. Prior to joining us, Emma worked for the Member of Parliament for Edinburgh South and brings with her experience of working in a fast paced environment and front facing administrative role. Emma’s personable outlook and efficient work ethic makes her a great asset to the clerking team.
Ampersand Advocates ‘goes above and beyond at all times’ in latest Legal 500 UK Bar listings
Ampersand is delighted to be once again be recommended as a top-tier set by The Legal 500 UK Bar Directory in their latest listings for 2019 published today.
The guide says “‘From a user’s perspective’, Ampersand Advocates ‘goes above and beyond at all times to assist wherever possible’. Like the other Scottish stables, a diverse range of work comes through its doors, however, tort, real estate, and commercial matters are key strengths, and arbitration is a growing area of focus. ‘All the clerks are friendly, accommodating and very professional’, however at the most senior level Alan Moffat ‘will go out of his way to make sure you get the right counsel for the job’, and his deputy Sheena Hume is ‘particularly efficient and easy to deal with’. Vinit Khurana QC and Una Doherty QC took silk in 2018.”
Ampersand has 36 listings across 10 areas of practice in the Legal 500 UK 2019 guide. The Scottish bar section can be viewed here.
Civil liberties, human rights, public inquiries, and public and administrative law (including local government)
Key areas of work at Ampersand Advocates include EU law, judicial review, and procurement matters. Aidan O’Neill QC recently lead on behalf of the petitioners in Wightman v Secretary of State for Exiting the European Union, an Court of Justice of the European Union case concerning if it was possible for a member state to revoke its notification of intent to leave the European Union under Article 50.
Aidan O’Neill QC
– Ampersand Advocates ‘ Intellectually impressive and creative in his approach to dealing with issues of public law. ’
Douglas Ross QC
– Ampersand Advocates ‘ Highly intelligent and tenacious, with good common sense ’
Dorothy Bain QC
– Ampersand Advocates ‘ Highly recommended for civil liberties work. ’
Laura-Anne van der Westhuizen
– Ampersand Advocates ‘ A first-class legal mind who deals well with complicated cases. ’
– Ampersand Advocates ‘ Technically excellent in public procurement matters. ’
Ampersand Advocates is home to a strong contingent of commercial litigators, with experience in a wide range of commercial cases. Notable recent highlights include Take-Two Interactive Software Inc and Rockstar Games Inc v Aaron Renicks, in which Usman Tariq acts, as junior to Roddy Dunlop QC for the developers of Grand Theft Auto who are pursuing a claim against the developer of a modification for the game. Giles Reid recently acted for the borrower in a case concerning the oral variation of a loan agreement, as well as interim orders preventing the lender from commencing bankruptcy.
Alan Dewar QC
– Ampersand Advocates ‘ Hugely experienced, completely unflappable and always fights his client’s corner. ’
Robert Howie QC
– Ampersand Advocates ‘ His depth of knowledge in commercial matters is unparalleled. ’
– Ampersand Advocates ‘ Never afraid to take on even the largest of legal challenges. ’
– Ampersand Advocates ‘ A legal encyclopaedia. ’
– Ampersand Advocates ‘ His advice and knowledge is consistently of the highest standard. ’
Company and insolvency
Members of Ampersand Advocates are particularly experienced in insolvency matters, acting for all parties in such cases. Of recent note, Timothy Young recently acted for the liquidators in Rowallan Asset Management Limited v Morris & Co, which involved a claim for gratuitous alienation (a transfer under value to dissipate assets) relating to a large agricultural property holding company.
David Sellar QC
– Ampersand Advocates ‘ His technical knowledge of company and insolvency law makes him a go-to. ’
– Ampersand Advocates ‘ Clients appreciate his confident yet approachable demeanour. ’
Russell Bradley of Ampersand Advocates acts for employers in a wide range of first instance matters, with particular expertise of defending whistle-blowing and unfair dismissal claims.
Russell Bradley – Ampersand Advocates ‘ Extremely tenacious when needed and great with clients. ’
Intellectual property, information technology and media
Usman Tariq at Ampersand Advocates is highly recommended for contentious intellectual property matters, as well as maintaining a substantial presence in the IT sector, particularly in matters concerning gaming and digital applications. Recent instructions include a substantial trade mark infringement and passing off dispute between two manufacturers of electronic cigarettes, where Tariq acted for the pursuers, as well as conducting breach of interdict cases on behalf of large rights-holders such as Sky and the Performing Right Society.
Usman Tariq – Ampersand Advocates ‘ The best all-round IP junior in Scotland. ’
Personal injury and medical negligence
Ampersand Advocates is home to one of the key teams in personal injury and clinical negligence within Scotland, and has ‘real strength in depth’ across all levels of call. Members have significant expertise in all areas of such work, with recent cases including fatal accidents, medical device litigation, catastrophic injury and birth injury. A notable recent case for the set is Gibson v Babcock International, a leading case on the issue of secondary exposure to asbestos, in which Simon Di Rollo QC led for the pursuers.
Lisa Henderson QC
– Ampersand Advocates ‘ Highly numerate, excellent at drafting complex schedules of loss and very personable. ’
Geoffrey Mitchell QC
– Ampersand Advocates ‘ Highly respected by both health boards and claimant solicitors ’
Douglas Ross QC
– Ampersand Advocates ‘ A relatively new silk who already posesses all the qualities of an experienced one. ’
Simon Bowie QC
– Ampersand Advocates ‘ Recommended for significant clinical negligence cases. ’
Una Doherty QC
– Ampersand Advocates ‘ Extremely reliable, quick-witted and efficient. ’
Maria Maguire QC
– Ampersand Advocates ‘ Combines superb advocacy skills and a forensic attention for detail. ’
Simon Di Rollo QC
– Ampersand Advocates ‘ Highly experienced in industrial disease claims. ’
Lauren Sutherland QC
– Ampersand Advocates ‘ Leaves no stone unturned to find a path to a successful outcome. ’
– Ampersand Advocates ‘ Fantastic at dealing with complex medical evidence and technical details. ’
– Ampersand Advocates ‘ Well-prepared, good with clients and has an eye for detail. ’
– Ampersand Advocates ‘ A very safe pair of hands with good commercial sense. ’
– Ampersand Advocates ‘ A strong negotiator who has achieved fantastic results for clients.
Planning, environmental and licensing
Ampersand Advocates is home to planning law specialists Marcus McKay QC and Laura-Anne van der Westhuizen, who are often instructed in complex or high-profile inquiries and appeals. Notable recent highlights include McKay’s representation of The Viking Wind Farm in a consent application under crofting legislation, and Westhuizen’s work on behalf of the Scottish ministers in an appeal lodged by a dairy farm following the refusal of planning permission for a large greenbelt development.
Marcus McKay QC
– Ampersand Advocates ‘ Highly experienced in energy-related planning work. ’
Members of Ampersand Advocates are instructed by both pursuers and defenders in professional negligence cases, across the full range of industry sectors. Recent highlights include Midlothian Council v Bracewell Stirling, where Paul Reid acted as a junior to Alastair Duncan QC on behalf of the defenders, an architectural firm alleged to be liable for negligent ground investigations carried out by another company.
– Ampersand Advocates ‘ One to watch for professional negligence matters. ’
Property, construction and agriculture
Members of Ampersand Advocates are instructed in a wide range of commercial development and property disputes, as well as agricultural issues and nuisance claims. Timothy Young recently advised the defenders on several potential cases concerning property damage caused by incorrectly constituted mortar in the development of a large residential estate.
– Ampersand Advocates ‘ Definitely one to watch for property litigation. ’
– Ampersand Advocates ‘ Exceptionally intelligent with a gift for honing in on the points that matter. ’
Tax, trusts and pensions
Ross Anderson at Ampersand Advocates has significant experience acting for HM Revenue and Customs in both the First-Tier and Upper Tribunals. He also appeared as appearing as a junior to Kieron Beal QC of Blackstone Chambers in London, again on behalf of the Revenue, in the Supreme Court case Frank A Smart & Sons v HMRC, which concerned the deductability of VAT incurred when purchasing entitlements to the Single Farm Payment, a European Union farming subsidy.
– Ampersand Advocates ‘ He has made a sure-footed transition from academia to the Bar. ’
Shane Dundas called to the Bar in 2019 having completed his traineeship with one of Scotland’s leading litigation firms.
He has experience in the areas of professional liability, commercial litigation, personal injury and industrial disease. He has appeared regularly in the Sheriff Court, having conducted several proofs and debates. During devilling, he built upon his experience in these areas, as well as gaining exposure to clinical negligence, professional regulation and public law issues.
Shane has a particular interest in professional (including clinical) liability, commercial law, information technology and media law.
He completed his LLB and Diploma in Professional Legal Practice at the University of Edinburgh, where he was President of the University of Edinburgh Mooting Society.
“He’s very hard-working, very clever, a good communicator and works well with the team.” (Chambers 2022, Real Estate Litigation – Band 2)
“He has broad-based expertise in commercial litigation and is a tenacious court operator.” (Chambers 2022, Commercial Dispute Resolution – Band 2)
“Timothy is very thorough and hard-working. He has very good attention to detail and meticulous preparation.” (Chambers 2022, Company – Scotland, Band 1)
“Very strong on case analysis, he is excellent at assimilating detail and has a great ability to get the essence of a case down on paper in pleadings and written submissions.” (Legal 500 2021, Commercial Disputes – Band 2)
Tim Young is a leading junior counsel with particular emphasis on commercial and public law disputes.
He has acted in many of the largest commercial disputes of recent years and has a wide range of experience in commercial contract disputes (particularly construction and IT contracts), trusts, property (including agricultural and crofting matters), banking, insolvency, and intellectual property.
He also has substantial experience of judicial review and statutory appeals in the field of public and administrative law, particularly public procurement disputes and professional discipline matters. As well as appearing in Court, he has appeared in a wide variety of tribunals, committees, and disciplinary hearings.
Tim is, also, a Standing Junior Counsel to the Scottish Government, and regularly appears in the courts for the Scottish Government.
He graduated with a first class honours from the University of Strathclyde. Throughout his career, he has maintained links with academia through tutoring Business Entities and Constitutional Law at both the University of Edinburgh and Napier University, and as an external examiner at Robert Gordon University. He is the contributing editor for the Companies Law (reissue) volume of The Laws of Scotland: Stair Memorial Encyclopaedia, and is the Deputy Editor of Session Cases.