- Year of Call
- Devil Masters
- Usman Tariq
- Ross McClelland
- Frances Connor
Contactferguswhyte@amadvocates.co.uk 07572 945963
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 June 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 an associate 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 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
Acted for a major media organisation in respect of an application for restrictions on evidence in the context of a Scottish statutory public inquiry
Counsel for a defender in an action relating to alleged misuse of confidential information and restraints of trade.
Counsel for the defender in an insolvency action relating to recovery of payments
Scottish Legal Complaints Commission against Donald Roderick Murray & Anor  CSIH 46, 2023 SC 10 and  CSIH 54
Sole counsel before the Inner House in a major case concerning legal professional privilege and the statutory powers of a regulator to compel disclosure
Junior counsel in Outer House (Commercial Court) preliminary proof concerning the application of Brazilian law to a major contractual dispute
Construction Arbitration (Dubai International Arbitration Centre)
Junior counsel in a construction dispute heard by a panel of three arbitrators under the DIAC Arbitration Rules 2007
Note of Objections to the Auditor's Report (Beroghani - Leave to Appeal from the Upper Tribunal)  CSIH 3
Junior counsel in Inner House hearing of note of objection against the Auditor’s decision relating to the interpretation of the regulations governing civil legal aid
Edinburgh Tram Inquiry
Researcher for Counsel and for the Solicitor to the Inquiry involved in researching factual, technical and legal issues falling within the remit of the Inquiry
Junior counsel in opposed application by trustee for their costs to be paid from the trust fund in the context of a cross-border trust dispute
Sole counsel in four day trial in relation to landlocked dispute including expert evidence as to planning and valuation issues
Junior counsel (speaking role) in judicial review of regulator’s decision to accept compliance report in relation to conditions imposed on an investment in a New Zealand company
Sole counsel in application for enforcement of former trustee’s obligations to new trustees in respect of provision of information and records of trust
Junior counsel in a long-running, high value New Zealand based arbitration in relation to sale of a pharmaceutical business to an international purchaser and effects of earn-out agreement agreed as a part of that sale
Publications & Seminars
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."