Arnot Manderson Advocates has welcomed Ed Cadden, Gregor McPhail, Jillian Merchant, Alan Calderwood and Garry Ferguson to the stable following their admission to the Faculty of Advocates on Friday.

This follows directly on from the recent success of two well attended Better the Devil You Know Seminars where the quintet impressed delegates with talks on a wide range of legal subjects.

Mr Cadden calls to the bar with 9 years’ experience in private practice undertaking criminal court work and family law work. He has considerable experience conducting Sheriff and Jury trials, permanence and adoption proofs and many family law proofs including those involving financial provision on divorce and matters relative to children.

He also has experience of conducting juvenile referral proofs, appeals arising out of the children’s hearing system and appeals to the Sheriff Appeal Court for both criminal and civil matters.

Mr McPhail brings over a decade of civil litigation experience to the bar, with a practice focused on personal injury, clinical and professional negligence, and insurance law. He intends to practice across the full breadth of these areas, including catastrophic and fatal injury claims, complex cases involving allegations of historic childhood abuse and industrial disease claims.

Prior to devilling, Gregor practised at an international firm, where he was responsible for the management of high-value catastrophic and fatal injury claims on behalf of insurer clients, as well as being involved in group action proceedings

Ms Merchant calls to the bar, as a Lord Hope Scholar. Prior to calling, she spent 14 years in private practice, latterly as a Partner and Solicitor Advocate in one of Scotland’s leading litigation firms. Her practice encompasses employment and discrimination, public law, professional regulation, fatal accident inquiries and reparation. Her work has regularly involved statutory interpretation, human rights, equality law, the public sector equality duty and judicial review.

Immediately prior to devilling, she practised as a solicitor advocate specialising in personal injury litigation, which included fatal and serious injury claims, historical abuse litigation and claims arising from major incidents.

Mr Calderwood is an experienced civil litigator who specialises in personal injury litigation. Prior to calling to the bar, he was a Partner and Solicitor Advocate at a large personal injury firm. He has over a decade of experience handling all aspects of personal injury cases and has a particular interest in workplace accidents, workplace assault cases and road traffic accidents.

He has extensive experience in dealing with fatal claims for bereaved families, and catastrophic injury cases. Alan has experience handling Fatal Accident Inquiries and has recently been involved in complex clinical negligence and disease claims. Alan also has an interest in professional negligence and public law.

Mr Ferguson is a specialist in personal injury and negligence litigation.  Prior to calling, Garry was a partner in a leading personal injury firm of solicitors and has over 25 years’ experience.

He is a former Chair of FOIL in Scotland and also sat as the Scottish representative on the FOIL UK National Committee.  Garry has experience of the whole range of personal injury litigation including workplace accidents, RTAs, catastrophic injuries, fatalities and sporting injuries. Garry is an accredited civil and commercial mediator.

Andrew Sutherland, practice manager at Arnot Manderson Advocates, said: “We are delighted to welcome Ed, Gregor, Jillian, Alan and Garry to the Stable today.  With these new Counsel in our ranks, we continue to boast an enviably strong and vibrant presence at the junior end of the bar.

Our new members each have invaluable experience in Scotland’s highest courts and beyond and the complete range of work they undertake makes them a perfect fit for our stable.

A wide range of solicitors and their clients stand to benefit from their availability, and all these additions further enhance our reputation as the largest full-service stable at the Scottish bar.”

Arnot Manderson Advocates are looking forward to welcoming five new Devils, Alan Calderwood, Gregor McPhail, Garry Ferguson, Jillian Merchant and Ed Cadden to the Stable upon their calling to the Bar at the end of June.  To mark their transition from “Devil” to “Advocate” Arnot Manderson Advocates are pleased to dust off our snappiest ever CPD event title and invite you to: “Better the Devil You Know”.

Besides giving you an introduction to the freshest legal talent to reach the Bar you will be treated to a range of informative and topical CPD talks updating you on a variety of practice areas which will exemplify the full service nature of Arnot Manderson.  The series will feature two seminars each starting at 4pm and will end with a Q&A Session and a brief wine reception.

Each seminar is accredited by the Faculty of Advocates (and by extension by the Law Society) for one hour of – free – CPD and each will feature a question and answer session.  These events are free but places are limited and early booking is recommended. Please use the booking links below to register your place. We do hope you can join us.  The programme for these Seminars is as follows:

18^th June, 4pm – Alan Calderwood, Gregor McPhail and Garry Ferguson

In person at the Mackenzie Building, Old Assembly Close, High Street, Edinburgh

3:30pm – Registration and Teas or Coffee

4:00pm – Welcome and Introduction

4:05pm – Alan Calderwood – Higher! Lower! – Contributory Negligence

How precise can we be? What lessons can be learned from the case law? To what extent can past cases inform what level of contributory negligence is likely to be found in other cases?

4:40pm – Gregor McPhail – The full and final settlement that wasn’t: Crozier and the new strategic landscape

The Supreme Court’s decision in Veale and others v Scottish Power UK plc [2025] UKSC 45 has reshaped the landscape of asbestos litigation in Scotland. The Supreme Court held that a prior full and final settlement of a non-mesothelioma asbestos claim does not extinguish a family’s statutory right to damages where the victim later develops and dies from mesothelioma.

This session looks behind the judgement and examines the practical fallout: the impact on settlement strategy/negotiation, file management and client advice for both pursuers and defenders alike, and the unresolved questions left behind.

5:15pm – Garry Ferguson – 28 years later. The only constant is change. 

Since Scotland’s last appearance at the World Cup Finals in 1998 the legal landscape in respect of civil liability in the context of an employer’s liability claim has changed dramatically. Garry will discuss those changes and consider where we are now, hopefully against the backdrop of a change in Scotland’s fortunes at this year’s World Cup.

5:40pm – Q&A Session and Closing Remarks

5:55pm – Wine!

Click here to book your place

19^th June, 4pm – Jillian Merchant and Ed Cadden

In person at the Mackenzie Building, Old Assembly Close, High Street, Edinburgh

3:30pm – Registration and Teas or Coffee

4:00pm – Welcome and Introduction

4:05pm – Jillian Merchant – Strategic Litigation and Modern Public Law

Jillian will examine the increasing use of public law litigation to advance broader public policy objectives beyond the immediate interests of individual litigants. Drawing on recent Scottish case law involving equality, environmental, prison, and group proceedings, she will explore developments in procedural scrutiny, institutional accountability, and strategic rights-based challenges. The discussion will also address issues of crowdfunding, interventions, and standing in modern public law disputes, together with the practical implications for litigators and public authorities.

4:40pm – Ed Cadden – Domestic abuse in section 11 family proceedings

In this talk Ed will discuss the impact of domestic abuse on family proceedings, some recent developments in the area and the importance of case management.

5:15pm – Q&A Session and Closing Remarks

5:30pm – Wine!

Click here to book your place

Effective court advocacy remains a core professional skill for Scottish practitioners, requiring not only a sound grasp of substantive law and procedure but also the ability to present cases persuasively and efficiently. This virtual classroom seminar focuses on practical advocacy in the Scottish courts, with particular emphasis on written and oral advocacy in civil proceedings.

The full program of webinars and live sessions can be found below. Neil’s practice encompasses complex commercial contracts, arbitration, professional negligence, property, defamation, construction, telecommunications, employment, group litigation, public inquiries and FAIs. His expertise in these areas is reflected in the webinars on offer.

What Are the Odds? Legal Insights on Loss of Chance Claims – Webinar  (Webinar available now)

Prescribed & Time Barred Claims in Scotland – Where Are We Now? – Webinar (Webinar available now)

Defamation Law in Scotland – Recent Caselaw Explored – Webinar (Webinar available now)

Romance Fraud in Scotland – Love, Lies & Legal Remedies – Webinar (Webinar available now)

Risk Management CPD for Scottish Lawyers – Preparing Terms of Business – Webinar (Webinar available now)

Effective Advocacy in Scottish Civil Proceedings – Learn Live (Session: 30 April 2026)

The Law of Nuisance in Scotland – A Bite Sized Guide – Webinar (Webinar available 24 June 2026)

Group Litigation in Scotland – Law, Procedure & Practice – Webinar (Webinar available 25 June 2026)

Commercial Litigation in Scotland – Key Cases & Trends – Learn Live (Session: 25 June 2026)

Group Litigation in Scotland – Procedure, Practice & Recent Developments – Learn Live  (Session: 29 June 2026)

Commercial Litigation in Scotland – Recent Caselaw & Practical Implications – Webinar (Webinar available 30 June 2026)

Shaun McPhee appeared for the successful petitioner in McInally v The Scottish Ministers [2026] CSOH 21 , a rare case in which the Court of Session found a violation of a prisoner’s right to liberty. 

Outer House

The petitioner was sentenced to an Order for Lifelong Restriction in 2022.  He must complete rehabilitative programmes to have any prospect of being released from prison but has had no access to programmes during his sentence.

Lord Colbeck stated that whilst the threshold for finding a breach of article 5 is high, this was one of the rare cases that met it.  The court granted declarator that the Scottish Ministers had breached the petitioner’s article 5 rights by failing to properly plan his sentence and afford him reasonable access to rehabilitative opportunities, and awarded damages of £1000.

Inner House

The same petitioner earlier brought a petition on similar grounds which was refused permission to proceed due to time bar, as it was presented more than three months after the punishment part of his sentence had ended.

Shaun also represented the petitioner in his appeal to the Inner House, McInally v The Scottish Ministers [2026] CSIH 2

The Inner House recognised the appeal raised a question of general importance, namely the approach to time bar in cases involving ongoing delay, and took the opportunity to give clarifying guidance.  Though the court refused the appeal as the earlier petition had been superseded by the later, it noted the first petition enjoyed a real prospect of success and it was equitable to extend the time limit.

In both cases, Shaun appeared with Keith Stewart KC, instructed by James Smith of McGreevy & Co and Laura McDonagh of Drummond Miller.

We’re pleased to share that Arnot Manderson’s Neil Morrison will be speaking at the Employment Law Group (ELG) conference on 6 March 2026.

Neil’s talk will focus on the reasonableness and enforceability of restrictive covenants, an area of employment law that continues to evolve and attract close scrutiny from employers, employees and the courts alike.

The ELG conference is one of four events being held this year and is expected to be well attended by leading employment law firms and other professionals from across the sector.

This documentary follows from the conviction of Aaron Swan in 2023, in which stable member Alex Price-Marmion appeared for the Crown. Swan was found guilty of several charges, including domestic abuse, sexual assault and four incidents of rape, and was later sentenced to an order for lifelong restriction with a minimum of 6 years in prison.

This powerful documentary brings to light the experience of the four women, Natalie, Jenni, Shannon and Robyn, who have waived their anonymity to expose the coercive behaviour they suffered at the hands of Aaron Swan.

Their individual stories spanning the course of 20 years eventually interlinked when Robyn attended a domestic abuse support group set up by Swans ex-wife Natalie. Natalie had created the course after an English court had found Swan not guilty of rape. In 2022, Robyn reported Swan for rape adding to the charges brought by Jenni and Shannon and culminating in guilty verdicts for all three women in 2023.

By coming forward, the women helped prosecutors build the case that resulted in a guilty verdict. Their first-hand accounts, helping to raise awareness of the nature of coercive and controlling relationships, can be watched in the full documentary linked below:

Lover, Liar, Predator – BBC iPlayer

The decision confirms that adjudicative decisions on the rating of hereditaments from other jurisdictions do not amount to material changes of circumstances under s.3(4) of the Local Government (Scotland) Act 1975 (now s.3ZA(2)(c) (“1975 Act”). This would include decisions of the United Kingdom Supreme Court (“UKSC”) on the rating of hereditaments in England, Wales or Northern Ireland.  On an ordinary and natural reading of the 1975 Act, such decisions do not amount to a relevant decision nor would they constitute “in relation to lands and heritages a change of circumstance affecting value” (s.37(1) of the 1975 Act).  That interpretation is consistent with the policy of the Valuations Acts that the valuation roll is frozen between revaluations, with certain strictly limited exceptions.

The court, however, acknowledged that there might be decisions of the UKSC on the interpretation of UK-wide legislation and that it was “conceivable that some decisions of that nature might affect the beneficial enjoyment” of particular categories of lands and heritages in Scotland. Such decisions might, therefore, amount to a material change of circumstance.

The court rejected a claim by the appellant that valuation for rating law and principles ought not to differ between Scotland and England. The court noted that the law of valuation for rating in Scotland is governed by different legislation, with a different apex court.

The court also rejected a claim that the decision in Cardtronics UK Ltd v Sykes [2020] UKSC 21, [2020] 1 WLR 2184 established a new principle of valuation law. The court confirmed that, on the assumption it was incorrect in its interpretation of the 1975 Act, the decision in Cardtronics would not amount to a material change of circumstances under the 1975 Act as it was not a decision in principle. Rather, Cardtronics applied established law and principles relating to rateable occupation to the facts found by the Upper Tribunal and was entirely consistent with previous decisions of the Lands Valuation Appeal Court.

A link to the published judgment can be found here: [2026] CSIH 3

SEMINAR & DRINKS RECEPTION

FRIDAY 5^TH DECEMBER, 3.00PM, ROYAL FACULTY OF PROCURATORS LIBRARY, 12 NELSON MANDELA PLACE, GLASGOW

Arnot Manderson’s Criminal Law Group are pleased to invite you to their free CPD seminar to be held at The Royal Faculty of Procurators Library, Glasgow on Friday 5^th December.

The event programme is:

3:00pm- Registration, tea & coffee

3:30pm- Welcome and introduction from Event Chair, Manus Blessing, Advocate.

3:35pm Darren Cox- “Criminal appeals and the ECHR”

Darren will discuss the different types of criminal appeal, with a particular focus on ECHR-based arguments which can be advanced and the process which must be followed in order to raise them.

4:05pm Alan Wickham- “Protests and Prosecution for Palestine, a discussion on the use of the criminal law to sanction protestors”

Since the proscription of Palestine Action from 5 July 2025, there has been significant media attention on the numbers of individuals arrested under the Terrorism Act 2000 for displaying support for a proscribed organisation. This talk aims to provide a guide for practitioners on the approach to such cases, with references to key cases and examples.

4:35pm Sarah Loosemore – “What does the UKSC decision in Keir and Daly v HMA mean for practitioners?”

The past few years have seen significant developments in the law of corroboration and ss. 274 & 275. The recently released Supreme Court decision in Keir and Daly fundamentally changes the approach to admissibility of evidence under s. 275. Sarah, who was part of the legal team for Keir, will summarise the results and provide practical advice on how to adopt the new approach in your own cases.  Sarah will also summarise the current law relating to corroboration coming out of the two Lord Advocate’s References, in which Sarah was instructed as junior counsel. The session aims to provide a snap shot of the current position with respect to evidence in sexual offences trials with a focus on how best to protect your clients’ interests in this challenging and evolving legal landscape.

5:05pm Q&A

5:20pm Closing remarks

5:30pm – 7:00pm Drinks reception

Places are at a premium so please click here to secure your place.

At issue was the compatibility of the Scottish courts’ approach to the admissibility of evidence covered by ss. 274 and 275 of the Criminal Procedure (Scotland) Act 1995 with the accused’s right to a fair trial under article 6 of the European Convention on Human Rights. Sections 274 and 275 govern the admissibility of broad categories of evidence, including all sexual behaviour not forming part of the charge, all character evidence, and most non-sexual behaviour bearing on credibility in all sexual offences trials. The sections operate by way of a blanket prohibition (s. 274) on the admissibility of such evidence, subject to a judicially controlled exception (s. 275). In recent years, the Scottish courts have developed an ever more restrictive approach to the admissibility of such evidence largely by requiring that it meet an evolving and exacting standard of common law relevance.

The Supreme Court is highly critical of the Scottish development of the concept of relevance at common law, observing, for example, that it is an obvious matter of common sense that a complainer expressing a willingness to engage in certain sexual activities shortly before the incident, or continuing to meet the accused regularly for consensual sex after the incident might well be relevant to the issues before the jury in a rape trial. (para. 132)

This, of course, does not mean that any and all such evidence will automatically be admissible. The admissibility of all evidence caught by the s. 274 prohibition must still meet the three-part test enumerated in s. 275. On the facts of both Mr Daly and Mr Keir’s cases the Supreme Court concluded that there was no violation of Article 6, demonstrating that this remains a robust standard well capable of protecting the dignity and privacy rights of complainers. The key takeaway is that this protection cannot come at the expense of the accused person’s right to a fair trial.

This judgment is a must read for anyone practicing in the area of criminal law. It marks a wholesale change in the approach to admissibility under ss. 274 and 275 and it is incumbent upon practitioners to absorb this change as quickly as possible to ensure that accused persons’ fair trial rights are fully protected. The Supreme Court notes that this recalibration “will cause an inevitable degree of disruption and delay in cases concerned with sexual offences which have not yet gone to trial, cases where the trial is still in progress, and appeals that have not yet been decided.”

Ultimately, the Supreme Court concludes in no uncertain terms that “the approach which is currently adopted by the Scottish courts to the admissibility of evidence in cases of rape and other sexual offences is liable to result in violations of article 6.” (para. 169) and that it therefore “follows that the Scottish courts are under a duty to modify their current approach so as to ensure that decisions on the admissibility of evidence are in conformity with the Convention, by virtue of section 6(1) of the Human Rights Act.” (para. 181)

Arnot Manderson Practice Manager Andrew Sutherland commented:

“With stable members Sarah Loosemore instructed as junior counsel for the appellant Keir and Wojciech Jajdelski and Paul Harvey acting for the Crown, this case has been of special interest to our stable, particularly the members of the Criminal Law group, and those agents who instruct us in Criminal cases and their clients.  To have stable members so heavily involved in this landmark case and ruling highlights our considerable strength in this area.

I am particularly pleased to note that we will shortly be repeating our well attended Criminal Law Seminar, in Glasgow, following the success of the CPD event last month in Edinburgh.  I’m especially thankful to Sarah Loosemore (pictured below) who will give those attending an unrivalled insight into the case and a detailed breakdown and understanding of the significant implications for those solicitors working in this branch of Criminal Law.”

Details of the next Arnot Manderson Criminal Law Event to be held in Glasgow in December will appear shortly in the News and Events section of the Arnot Manderson website.

Licensed hospitality valuation review

Public Finance Minister Ivan McKee has appointed a Chair to lead an independent review of the way licensed hospitality premises are valued for non-domestic rates.

Advocate Depute BJ Gill KC will report by the end of 2026 in order that any recommendations can be considered before the 2029 revaluation cycle.

The Scottish Government is committed to making it easier to conduct business and announced the review in this year’s Programme for Government.

Mr McKee said:

“We have recognised concerns raised by the licensed hospitality sector on the valuation methodology, and I am pleased Mr Gill will undertake this independent review.

“As an Advocate Depute, Mr Gill brings considerable expertise, having acted for both Assessors and ratepayers in appeals in all forums and appeared in many of the most important and high-value cases in the Lands Valuations Appeal Court in the last decade. He will be supported by a group of members with relevant knowledge and insight, including representatives from the sector.”

BJ Gill KC said: “It is an honour to have been appointed to chair this important review. The licensed hospitality sector is a vital part of the economy of Scotland. I look forward to a thorough examination of all the available evidence.”

Background

Programme for Government 2025-26

The review terms of reference and panel membership will be set out in due course.

The valuation of all non-domestic property is a matter for the Scottish Assessors who are independent of central and local government.

Independent Scottish Assessors use different ways to calculate the rateable values of properties, depending on the type of property. These are used to calculate the non-domestic rates payable for a property, subject to any reliefs the property may be in receipt of.  For most properties rateable values are based on an estimate of the nominal rent that a property could be expected to fetch on the open market. Rateable values are reviewed periodically and the next revaluation is on 1 April 2026 based on rental values on 1 April 2025.