- Year of Call
- Devil Masters
- Chris Marney
- Niall McCluskey
- Kate Dowdalls
Contactgavindewar@amadvocates.co.uk 07581 344 782
Gavin enjoys a busy civil practice spanning various legal disciplines, including commercial litigation, public, family and equality law.
He is regularly instructed to appear in the Inner and Outer Houses of the Court of Session, sheriff courts and tribunals throughout Scotland.
He is hard-working, well-prepared and an eloquent pleader.
Education & Professional Career to Date
LL.B (Hons) University of Strathclyde 2002 - 2006
- FLSU (2020–present)
- Devils' instructor (2018–present)
- Board Of Assessors (2016–present)
Muhammed Aqeel Alam & Another on behalf of ICU (Europe) Limited v Saquib Ibrahim & Others.  SAC (Civ) 20
Derivative action – commerce – cross appeal - mora, taciturnity and acquiescence – review of prior interlocutors by Sheriff Appeal Court – cross appeal refused.
Junior appearing alone in an action for payment in the Court of Session opposite senior and junior counsel; Pursuers (Trustees in Sequestration) reliant on ex facie probative document of loan; defence of forgery made out; decree of absolvitor pronounced after proof.
Aberdeen City Council v KD & AA
Extra Division of the Inner House - Appearing as junior alone - successful appeal against decision of the Sheriff Appeal Court - Permanence orders - Authority to adopt - Article 8 of the European Convention on Human Rights - Remittal to the Sheriff Appeal Court to proceed as accords - Quoad ultra the Sheriff Appeal Court allowed the appeal. Opinion available on request.
William Graham -v- Audrey Furby et al
Junior; acted for Trustee in Sequestration defending action for reduction of a disposition on grounds of incapacity and unilateral essential error; decree granted in favour of Trustee in Sequestration (23rd June 2017). Led by Professor David Parratt, Q.C.
Application by Locality Reporter Manager, Scottish Children's Reporter Administration, for the Sheriff Court at Livingston in respect of the children: CC, FC and LC
Children’s referral proceedings – FII – deliberate overdoses of insulin – Schedule 1 offending.
(2017 – Petition conceded w/ expenses); prisoners’ rights; inmate serving Order for Lifelong restriction; transfer to open estate blocked despite Petitioner meeting criteria and overcoming presumption against progression; arbitrary detention and Article 5 ECHR concerned.
Farukh Khan v Parole Board for Scotland
(2016 – Petition conceded w/ expenses); prisoner’s right’s; deportation to Pakistan pursuant to UK Borders Act 2007; Pakistani High Commissioner refusing early repatriation given nature of offence (rape of wife); Parole Board’s irrational refusal to hold oral hearing.
prisoners’ rights; procedural fairness analysis; interplay between the Prison Rules etc. 2011 and common law requirements of fairness; Petition refused.
Dmitris Stalasz v Scottish Ministers
(2016 – Petition conceded w/ expenses); Challenge to Scottish Ministers’ apprehended policy of refusing foreign national prisoners access to Open Estate at H.M. Prison, Castle Huntly. Sentencing judging noting Petitioner unlikely to pose future risk.
David Thompson v Parole Board for Scotland
(2015 – Petition conceded w/ expenses); reduction of decision to refuse parole sought; breakdown of fair procedure etc.
Lee Sah Lim v Secretary of State for the Home Department
(2014 – Petition conceded); Article 8; failure to appreciate private and family life.
Bin Chen v Secretary of State for the Home Department
(2014 – Petition conceded); Paragraph 353 of the Immigration Rules; further submissions wrongly considered.
Acted for appellant– Pakistan – upper tribunal appeal - interplay between Immigration Rules and length of residency/knowledge of the English language; appeal allowed.
Secretary of State for the Home Department v MA, [IA/01848/2014];
Acted for Respondent; Nigeria – upper tribunal appeal by Home Secretary following MA’s success at first instance; Article 8 right to respect for private and family life; proportionality of removal in context of single parent and 2 very young Scots children; appeal refused.
Pakistan – UT appeal by Home Secretary following RKU’s success at first instance; acted for Respondent; Article 8; personal integrity; proportionality of removal of elderly dementia patient cared for by family in the UK; lack of suitable care facilities in Pakistan; appeal refused.
RRR v Secretary of State for the Home Department,  CSIH 44 (Lord Drummond Young)
Nigeria – medical conditions in the context of Article 3 of ECHR – apprehended threat of death and torture by “Boko Haram” (Arts 2 and 3); errors in law and very significant threshold test not met.
Pakistan – proactive Labour Party activist sought to be removed; Article 8 right to respect for private life; anxious scrutiny and societal value; media bias; good arguable case based on Cart and MS (India). Petition refused.
Acted for the Appellant before the Upper Tribunal – appeal allowed – documentary evidence received but ignored by FTT – failure of anxious scrutiny.