Education & Professional Career to Date

Appointments

• Advocate Depute (May 2022–present)
• FLSU (2020–present)
• Devils' instructor (2018–present)
• Board Of Assessors (2016–present)

Selected Cases

• HIGH COURT OF JUSTICIARY

• HMA v NC, September 2023

  Sec: 1 SOSA 2009; Single Complainer

• HMA v MH & IK, August 2023

  SOSA 2009 (various) & Civic Government (Scotland) Act 1982; Sec: 52.
  
  

• His Majesty's Advocate v DN, March 2023

  Sexual Offences (Scotland) Act 2009; Sec: 1; 2 complainers.
  

• His Majesty's Advocate v DC, March 2023

  Sexual Offences (Scotland) Act 2009; Secs: 1 and 3; 2 complainers.

• His Majesty's Advocate v JW or K, February 2023

  Rape at common law; Sexual Offences (Scotland) Act 2009; Sec: 1; 3 complainers.

• His Majesty's Advocate v SG, November 2022

  Assault to injury and danger of life; Domestic Abuse (Scotland) Act 2018; Sec: 1; Criminal Procedure (Scotland) Act 1995; Sec: 27; Abusive Behaviour and Sexual Harm (Scotland) Act 2016; Sec: 1

• Her Majesty's Advocate v LW, September 2022

  Sexual Offences (Scotland) Act 2009; Sec: 1
  Single complainer
  

• COURT OF SESSION

• Mr H v Mrs W, [2021] CSOH 97, 2021 Fam L.R. 142

  Relocation of Sudanese Refugee children; appeared for children’s mother (Defender); Children (Scotland) Act 1995 (as amended); children's best interests; Whether grant of refugee status a protection against forced removal; order for relocation sought refused.

• James Stephen & Another v Dorothy Thompson Melville & Alistair Melville, [2020] CSOH 10

  Action for payment; junior appearing alone 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, XA51/17

  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 ECHR - Remittal to the Sheriff Appeal Court to proceed as accords - Quoad ultra the Sheriff Appeal Court allowed the appeal. Opinion available on request.

• Louise Philp v (1) Eileen Blackburn and (2) City of Edinburgh Council, A209/18

  Reduction /suspension of Summary Warrants for Rates; interim interdict; reduction of decree of Sequestration pronounced.

• Gordon Barr v (1) Deborah De Kock or Barr (2) DR & MR, Spouses and (3) The Keeper of the Registers of Scotland, A195/18

  Reduction of a disposition awarded on the basis of incapacity; manifest inaccuracies on title sheet; interim interdict.

• William Graham -v- Audrey Furby & Another, June 2017

  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 D. R. Parratt, Q.C.

• RF, Petitioner, 2017

  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 in issue.

• Farukh Khan v Parole Board for Scotland, 2016

  Prisoners’ rights; UK Borders Act 2007; deportation to Pakistan sought; Pakistani High Commissioner refusing early repatriation given nature of offence (rape of wife); Irrational refusal to hold oral hearing in issue.

• Brian Hands v the Scottish Ministers, [2016] CSOH 9

  Prisoners’ rights; Prison Rules etc. 2011 and common law requirements of fairness; procedure; Petition refused.

• Dmitris Stalasz v Scottish Ministers, 2016

  Challenge to apprehended policy of refusing foreign national prisoners access to Open Estate at H.M. Prison, Castle Huntly; Sentencing judge having noted Petitioner unlikely to pose future risk.

• David Thompson v Parole Board for Scotland, 2015

  Reduction of decision to refuse parole sought; breakdown of fair procedure etc. in issue; decision complained of withdrawn.

• MK v Secretary of State for the Home Department, [2015] CSOH 13

  Proactive Labour Party activist sought to be removed by Respondent; 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.

• SHERIFF COURT & TRIBUNALS

• South Lanarkshire Council, Petitioner, HAM-AD7-21

  Appeared on behalf of Second Respondent (father); permanence order sought; threshold standard and minimal intervention principle in issue; application refused after proof.

• MM v BM, Liv-A142-19, Livingston Sheriff Court, 31st December 2021

  Action for payment; presumption against donation and gifts given ex pietate in issue; credibility and reliability of witnesses; decree pronounced in Pursuer’s favour.

• Muhammed Aqeel Alam & Another on behalf of ICU (Europe) Limited v Saquib Ibrahim & Others. [2020] SAC (Civ) 20

  Commerce; derivative action; cross appeal; mora, taciturnity and acquiescence in issue; conditions for review of prior interlocutors by the Sheriff Appeal Court; considered; cross appeal refused.

• 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, [2019] SC Liv 60

  Children’s referral proceedings; Fabricated and Induced Illness in issue; deliberate overdoses of insulin given to client; Schedule 1 offending.

• Mansoor Abdullah Sied v Secretary of State for the Home Department

  Acted for the Appellant before the Upper Tribunal; appeal allowed; documentary evidence received but ignored by First Tier Tribunal; corresponding failure of anxious scrutiny.

• Secretary of State for the Home Department v RKU

  Upper Tribunal appeal by the Home Secretary following Pakistani national’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.

• Mohammed Mobinuddin v Secretary of State for the Home Department

  Acted for Pakistani national in an appeal before the Upper Tribunal; interplay between Immigration Rules and length of residency/knowledge of the English language in issue; appeal allowed.

• FACULTY OF ADVOCATES' FREE LEGAL SERVICE UNIT

• Newarthill Library, 2017