Clara Smeaton

Year of Call
2023
Devil Masters
Rosemary Guinnane
David Nicolson KC
Dan Byrne KC
Grant Markie

Contact

clarasmeaton@amadvocates.co.uk 07977 704237

Practice Profile

Clara called to the Bar as the Lord Reid Scholar in 2023.

Since calling, Clara has developed a busy mixed practice. She has been appointed as an ad hoc Advocate Depute and as a Standing Junior to the Office of the Advocate General.

Clara is frequently instructed in criminal trials as junior alone, or with senior Counsel for both prosecution and defence. She regularly acts for the both Crown and defence in the Appeal Court.

Clara has a keen interest in inquiry work, and is instructed in the Scottish Covid-19 Inquiry, the Queen Elizabeth University Hospital Inquiry, and several Fatal Accident Inquiries.

Clara continues to develop her family law practice, having been instructed in proofs in the Court of Session and the Sheriff Court, including in child law cases with international or cross-border factors.

Clara has carried on her work in immigration, asylum, and human rights law. She has extensive experience in dealing with asylum appeals, as well as complex applications, appeals, or judicial reviews on behalf of EU nationals affected by Brexit and migrants who have become victim to domestic abuse.

Clara trained as a solicitor at the Crown Office and Procurator Fiscal Service, where she also worked as a qualified solicitor for several years. She was seconded to EuroJust in The Hague, where she represented the COPFS on the UK Desk and assisted in the prosecution of organised crime groups involved in transborder crime.

Clara also worked in a busy legal aid asylum law team at a mid-sized firm, and worked in a firm ranked Tier 1 for immigration in the Legal 500, on complex post-Brexit European Union applications and appeals, corporate immigration applications, and Appendix FM appeals.

Education & Professional Career to Date

Before studying law, Clara worked as an English teacher and a translator in Spain. As a lawyer, Clara trained at the COPFS and worked as a procurator fiscal depute for a further two years after qualifying as a solicitor. Clara then began working in immigration and asylum law, at Jones Whyte, McGill and Co, and Burness Paull.

Appointments

  • Standing Junior to the Advocate General for Scotland (2024–present)
  • Trustee of the Scottish Legal Action Group (ScoLAG). (2018–2024)
  • Faculty of Advocate's FSLU Committee Member (2023–present)
  • Scottish Junior Bar Association Committee Member (2023–2024)

Selected Cases

  • SN v JN [2024] CSIH 33

    Appeal remitted to the Inner House by the Sheriff Appeal Court and gave guidance on how allegations of rape should be dealt with in the context of family law proof proceedings involving child residence.

  • A v M 2024 Fam LR 70
  • Fatal Accident Inquiry into the death of Xander Irvine
  • AU v Lithuania

    Successfully opposing the extradition of an EU national, on Article 8 grounds

  • HMA v Lyndsey Lawrence

    Prosecution for the attempted murder of a baby in the High Court.

Publications & Seminars

20 June 2023 – “The Illegal Migration Bill: the end of human rights for Migrants?” talk for AM Advocates

29 June 2022 – “The Rwanda Policy, and the UK Bill of Rights” – talk for Lawyers Without Borders

Additional Information

Prior to studying law, Clara obtained a Master of Arts degree in Hispanic Studies and Music. Clara lived and studied in Spain and Portugal. She speaks fluent Spanish and conversational Portuguese.