The Legal 500

ADVOCATES LIBRARY, PARLIAMENT HOUSE, PARLIAMENT SQUARE, EDINBURGH, EH1 1RF, SCOTLAND
Tel:
Work 0131 226 2881
Fax:
Fax 0131 225 3642
DX:
ED549302 EDINBURGH-36
Web:
www.axiomadvocates.com

What we say about the firm's legal practice in Scottish Bar

Civil liberties, human rights, public inquiries, public and administrative law (including local government)

Within Civil liberties, human rights, public inquiries, public and administrative law (including local government) ,

Axiom Advocates is ‘without doubt one of the leading stables in public law at the Scottish Bar’. David Johnston QC, Richard Keen QC and James Mure QC were involved in the AXA case and Gerry Moynihan QC was involved in the SNP v BBC case and Greens judicial review matter. ‘There isn ’t a junior at the Scottish Bar with a more impressive practice in public law than Anna Poole.’ Morag Ross, who is ‘extremely diligent’, handles a wide range of judicial matters, and James Wolffe QC is an ‘extremely talented advocate’.

Commercial litigation

Within Commercial litigation,

Axiom Advocates is ‘the preeminent set for commercial litigation’. Richard Keen QC is ‘exceptionally talented’, and has ‘excellent judgement’. James Mure QC is ‘very bright, hardworking, and has a good eye for detail’. Kenneth McBreartyinspires confidence’, and is ‘able to explain complicated concepts to clients without losing them’. Garry Borland has a ‘detailed knowledge of contractual issues but balances this with a commercial and pragmatic approach to resolving disputes’. Heriot Currie QC and James McNeill QC are recommended seniors; Sean Smith and Paul O’Brien are recommended senior juniors.

Company and insolvency

Within Company and insolvency,

At Axiom Advocates, the ‘brilliantly cleverRichard Keen QC and leading senior Heriot Currie QC are recommended. Sarah Wolffe QC, who is an ‘extremely able and talented QC’ and a ‘lateral thinker’, handles a variety of company and insolvency matters. James McNeill QC has a notable insolvency practice. Almira Delibegovic-Broome is ‘clearly one to watch for the future’.

Intellectual property and information technology

Within Intellectual property and information technology,

Members of Axiom Advocates do ‘a good and thorough job’. Heriot Currie QC and Jonathan Lake QC are ‘excellent IP seniors’, who ‘have in-depth experience in IP disputes and deal with complex cases very well with a practical, commercial approach’. The ‘exceptionally bright and talentedRoisin Higgins is the leading junior for IP matters and has ‘created a strong and respected presence in this field’. Paul O’Brien provides a ‘swift, top-quality service’, and is ‘simply brilliant’ on IP matters.

Overview

Within Introduction,

Despite Oracle Chambers’ brave move to break away from the traditional system, it has recently disbanded. Devolution provided Stables with increased independent powers; each can select its own members, market itself to agents however it chooses, and set up specialist practice area groups. Such powers are expected to lead to increased competition, and it is hoped that agents and lay clients will continue to see a better service. Richard Keen QC, who remains the Dean of the Faculty, is ‘an excellent leader, who lived up to his reputation as one of the leading lights of the Scottish Bar’. Scottish Advocates generally have far broader practices than English and Welsh barristers; inclusion in one area should not be taken to mean that the advocate is confined to that one area. However, among many notable specialists, Murray Stable has a strong immigration team and certain members of Axiom Advocates focus on media and defamation matters.

Within Lists of government-appointed counsel Scottish Government Legal Directorate (SGLD) – First Standing Junior

Within Scottish Stables Stables – mainly civil law practitioners

Personal injury, medical negligence and professional negligence

Within Personal injury, medical negligence and professional negligence,

At Axiom Advocates, Alastair Duncan is the ‘most experienced junior counsel in professional negligence at the Scottish Bar’. Iain Ferguson QC is recommended for professional negligence matters in the healthcare context, and Roddy Dunlop QC handles a large volume of professional disciplinary matters.

Planning, environmental and licensing

Within Planning, environmental and licensing,

Ruth Crawford QC at Axiom Advocates has ‘extensive planning experience’, and takes a ‘no-nonsense approach, which consistently delivers results for clients across a range of commercial work’.

Property, construction and agriculture

Within Property, construction and agriculture,

Axiom AdvocatesJ Gordon Reid QC takes an ‘extremely detailed and meticulous approach’, and has the ‘ability to cut to the absolute essence of a dispute 
very quickly’. Martin Richardson is ‘one of the leading junior counsels at the Scottish Bar in the area of construction law’. Gavin Walker is an ‘extremely commercial and pragmatic advocate with a wealth of experience in the area of construction law’. Garry Borland is a key construction practitioner, and Sean Smith is developing a notable practice in the same area. Morag Ross is ‘excellent at grasping the complexities of property law at short notice, and is a safe pair of hands in urgent matters’.

Tax, trusts and pensions

Within Tax, trusts and pensions,

Axiom AdvocatesDavid Johnston QC, who is ‘formidably bright, quiet but effective, and an ideal senior counsel in a demanding technical case’, has made several Supreme Court appearances in tax-related cases. James McNeill QC specialises in trust work and has been particularly active with occupational pension work.


Legal Developments in the UK

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • HOUSING

    In Nzinga Maswaku v Westminster City Council [2012] EWCA Civ 669 the Court of Appeal clarified that in offering a homeless person with alternative temporary accommodation the local authority is obliged to point that if the offer is refused it has discharged its Part VII duties under the Housing Act 1996.
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  • COUNCIL TAX

    In Harrow LBC v Ayiku [2012] EWHC 1200 (Admin) Sales J held that the word “or” in the Council Tax (Exempt Dwellings) Order 1992, art 3 Class N, had a disjunctive meaning, therefore it was sufficient for the non-British spouse of a foreign student to satisfy one or other of the two conditions, namely being prevented from taking paid employment or being prevented from claiming benefits, in order to qualify as a “relevant person” who was exempted from liability to pay council tax.
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  • QUEEN’S SPEECH

    Bills already introduced pursuant to the Queen’s Speech on 9 May 2012 include Local Government Finance Bill and Electoral Registration and Administration Bill, both accompanied by Explanatory Notes, which in each case address ECHR compatibility.
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  • Standards

    In R (Calver) v Adjudication Panel for Wales [2012] EWHC 1172 (Admin) Mr Calver was a member of Manorbier Community Council who successfully challenged the decision of the Panel to dismiss his appeal against a decision by Prembrokeshire County Council Standards Committee censuring him for a number of comments or blogs posted by him on a website he owned and controlled.
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  • A justified retrospective

    Clive Sheldon - QC debates the pros & cons of retrospective tax legislation
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  • Public Sector Equality Duty (“PSED”)

    In R (Greenwich Community Law Centre) v Greenwich LBC [2012] EWCA Civ 496 the Court of Appeal held that the Council had had “due regard to the PSED when making changes to its funding of community legal advice services”. At para 30 Elias LJ said:
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  • Public Sector Equality Duty

    Surrey County Council conducted a review of its Library Service. This culminated in a Report to the Council’s Cabinet. The Recommendations in the Report included that there should be consultation about a community-partnership approach at selected Libraries.
    - 11KBW
  • Judicial Review

    The Judgment of Lindblom J in The Manydown Co Ltd v Basingstoke and Deane BC [2012] EWHC 977 (Admin) repays attention. The Claimant sought to challenge by judicial review 2 decisions of the Council: (1) the Council’s refusal to reconsider its position on the development of a site that it owns (and is the subject matter of a Joint Development Partnership Agreement with the Claimant); and (2) a decision of the Council’s Cabinet approving a selection of sites for development which did not include this site.
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  • The Health and Social Care Act 2012: impact on adult social services

    After its torrid passage through Parliament, the Health and Social Care Bill received Royal Assent on 27 March 2012. The Act deals principally with healthcare reform, but it also contains some amendments to the legislative framework for social care. It will come into force on a day yet to be appointed by the Secretary of State.
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  • Immigration update May 2012

    In this issue: