Fergus Whyte

Year of Call
Devil Masters
Usman Tariq
Ross McClelland
Frances Connor
@WhyteFergus on Twitter


ferguswhyte@amadvocates.co.uk 07572 945963

Practice Profile

Fergus is an experienced litigator with an interest in commercial & public law disputes, intellectual property, data protection & media law, trust law, and alternative dispute resolution. He has considerable experience in courtroom advocacy as well as experience in conducting complex litigation, dealing with expert evidence and managing client relationships.

Fergus transferred to the Scottish bar in 2020 having previously been a barrister and solicitor in New Zealand (since 2012) and having completed an LLM at the University of Edinburgh and the Faculty of Advocates examinations in Scots Law. Since calling he has acted as sole counsel in commercial matters in the Outer House as well as appearing as sole counsel and junior in the Inner House. He has conducted a number of proceedings before Sheriffs and before the Sheriff Appeal Court. Fergus has appeared as junior counsel in a construction arbitration under the Dubai International Arbitration Centre Rules and has experience of mediation.

He has a strong background in legal research and comparative law having acted as a judges’ clerk (judicial assistant), in client and case management as a solicitor in a boutique litigation firm, and as an advocate before the higher courts in New Zealand. He previously worked in a number of legal roles in Scotland including as a researcher to the Edinburgh Tram Inquiry.

Fergus is a member of the Chartered Institute of Arbitrators and a former coach of the University of Edinburgh Vis Moot Team. He is a former tutor in the Law of Contract and European Union Law at the University of Edinburgh. He tutors in Human Rights for the diploma at the University of Edinburgh and in arbitration for the diploma at Robert Gordon University. He is one of the authors of the recent reissue of Stair Memorial Encyclopaedia title on arbitration.

He is fluent in French and is comfortable dealing with legal matters in French. He also speaks Spanish to a high level.

Education & Professional Career to Date

2017 – 2019 – Faculty of Advocates examinations in Scots Law
2016 – LLM (Distinction) – University of Edinburgh
2012 – admission as barrister & solicitor (New Zealand)
2010 – LLB (Honours – First Class) & BA (Honours) – University of Otago

Selected Cases

Publications & Seminars

The Stair Memorial Encyclopaedia – Arbitration (2nd Reissue) – March 2023

The implications and advocacy of the duty of candour – Law Society of Scotland – 8 August 2023

Joint venturers as fiduciaries – experiences from the Commonwealth & thoughts for Scotland – Trustbar Aberdeen Event – 23 March 2023

Defamation in the modern age – Journal of the Law Society of Scotland - 19 September 2022

UK IP law is all the same… except when it’s not, Scots law, transfer of IP ownership and the equity problem – SCOTLIN (Scottish Legal Information Network) Information Law in Scotland workshop at the University of Glasgow – 25 August 2022

Protection of lawyers from impersonation online: the NZ approach – Society for Computers and the Law - 22 August 2022

Police enquiries: a private matter? – Journal of the Law Society of Scotland - 19 April 2022

Data breaches: the grounds of claim - Journal of the Law Society of Scotland – 20 September 2021

Getting the best results with arbitration: A case study – Commercial Property Law Conference – Law Society of Scotland – 7 September 2021

Understanding the interplay between intellectual property and e-privacy – Media Law in the Digital Age Conference – Law Society of Scotland – 20 April 2021

Automatic fixation of copyright and its consequences – Edinburgh Law Postgraduate Conference – 19 April 2021

When sorry might be the wrong word (Defamation and apologies) - Journal of the Law Society of Scotland – 16 November 2020

Access to court documents by non-parties in litigation: Part 2 - Scots Law Times 2020, 32, 219-228

Access to court documents by non-parties in Scotland: Part 1 – Scots Law Times 2020, 31, 201-210

Examination of New Zealand High Court Lockdown Judgement - Scottish Legal News – 24 August 2020

Copyright, charities and creative commons- Journal of the Law Society of Scotland – 13 July 2020

Better the Devil You Know Seminar - Access to Court Documents by Non-parties to Litigation – 3 June 2020


Recommended in the Legal 500 UK Bar Guide - Commercial Disputes.
Leading Junior Band 2

"Fergus is very thorough. Clients like him- he gets behind their cases and does his very best. His advice is straightforward and clear."