Education & Professional Career to Date

Appointments

• Standing Junior Counsel to the Scottish Government (2017–2024)
• Member, Law Reform Committee, Faculty of Advocates (2015–present)
• Tutor in Civil Law (Ordinary), School of Law, University of Edinburgh (2011–present)
• Member, Edinburgh Centre for Commercial Law, School of Law, University of Edinburgh (2010–present)

Selected Cases

• Public Law

• Abundance Investment Ltd v Scottish Ministers [2020] CSOH 12, 2020 SLT 163

  Acted for Scottish Ministers (with senior counsel) in a judicial review, by investors in a grantee company, of a decision not to pay out grant monies due to grant conditions not being met

• B v Parole Board for Scotland [2020] CSOH 69, 2020 SLT 975

  Acted for Scottish Ministers in a judicial review of a prisoner licence condition requiring notification of friendships/ associations as void for uncertainty and incompatible with Article 8 ECHR

• Acted for a health board (with senior counsel) in a judicial review of a practice of accommodating patients with incapacity, medically fit for discharge, in interim care units in care homes

• Acted for Scottish Ministers in an appeal by a property factor against removal from the register under section 8 of the Property Factors (Scotland) Act 2011

• Acted for Social Security Scotland in an appeal to Upper Tribunal for Scotland relating to determination of non-entitlement to school age grant

• Application for preliminary reference [2020] SC EDIN 53

  Acted for the Lord Advocate (with senior counsel) in test extradition cases relating to breach of the right to a fair trial, under ECHR and EU Law, against the background of systemic deficiencies in the judicial system of the requesting state

• General (including commercial and construction)

• Advised a local authority on a claim against contractors in an infrastructure project

• Advised on the completion account mechanism and enforceability of personal guarantees in the context of the sale of a business

• Acted for defenders in applications to sist court proceedings for arbitration (including issues of res judicata, personal bar, jurisdiction and incorporation of arbitration clause)

• Represented a public authority at a public inquiry relating to a major urban infrastructure project

• Advised on interim interdict in respect of actual and threatened breaches of restrictive covenants and use of customer information by former employees

• Acted for defenders in applications for caution for expenses sought both at first instance and in appeal proceedings

• Acted for the Crown in a prosecution for fraud and unlawful financial assistance in the context of acquisition of a public company

• Acted for a defender in a financial dispute following break-up of relationship

• Acted for pursuers in a claim for repayment of an informal loan

• Advised contractors on the correct identity of contracting parties in a building dispute

• Professional liability and regulation

• Advised insurers on various claims against solicitors and architects

• Advised a pursuer on prescription in a claim against solicitors arising from sale of forest land

• Acted for the pursuer in a case against claim managers for failure to include loss of earnings in a Criminal Injuries Compensation application

• Advised a pursuer on a claim against surveyor in respect of a Home Report

• Acted for applicant in a leave to appeal application in relation to a decision of the Scottish Legal Complaints Commission

• Clinical negligence and medical treatment

• Acted for a health board in a breach of statutory duty claim arising from non-provision of clinically assisted nutrition and hydration (CANH)

• Acted for a health board in an urgent application under the Adults with Incapacity (Scotland) Act 2000 in a dispute between the adult’s guardian and the health board over proposed cancer treatment

• Acted for a health board in a “failure to treat” claim involving death due to respiratory failure

• Acted for a GP in a complex “failure to refer” claim involving meningitis and comprehensive sensory deficits

• Acted for a physician in “inadequate treatment” and “consent” claim arising from urological surgery