The Legal 500 > United Kingdom - The Bar > Scottish Bar > Property, planning and construction

Property, Planning And Construction

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Ampersand Advocates
Axiom Advocates
Terra Firma Chambers
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Themis Advocates

Leading Silks

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Garry Borland QC – Axiom Advocates ‘Quite simply, Garry is the pre-eminent construction counsel in Scotland.  His attention to detail is second to none; he is thorough in terms of preparation; his legal arguments are always beautifully crafted; and his cross-examination is sublime.‘
James Findlay QC - Terra Firma Chambers 'His written pleadings and submissions are of high quality and well- crafted. In court it is evident that he commands the attention of the bench; his approach is well presented, measured and always effective. '
Robert Howie QC - Ampersand Advocates
Mark Lindsay QC – Axiom Advocates ‘Mark is an exceptional advocate. His thorough and measured advice is administered in a clear, unambiguous fashion, and he has a wonderfully reassuring bedside manner with clients.'
Marcus McKay QC – Ampersand Advocates ‘Marcus has excellent technical knowledge of planning and energy law. One of the top advocates in Scotland for public inquiries.‘
Malcolm Thomson QC - Ampersand Advocates 'First choice for difficult planning law matters - supremely capable at effectively delivering complex arguments in court.'
Steven Walker QC - Themis Advocates 'One of very few people in Scotland with an international construction arbitration practice - he is brilliant with clients and offers strength in depth.'
Ailsa Wilson QC - Ampersand Advocates 'Outstanding in the energy field.'
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Douglas Armstrong QC - Terra Firma Chambers
Jonathan Barne QC – Axiom Advocates ‘He is good with forensic detail and the technical aspects of litigation, considered and clear in his advice, and is persuasive and robust in his advocacy. Very much a go-to practitioner.‘
Ruth Crawford QC – Axiom Advocates ‘Ruth is an impressive and highly regarded advocate - one of the leading senior counsel at the Scottish planning Bar. She has exceptional advocacy skills and provides valuable and strategic advice on the most complex matters.‘
Gavin MacColl QC - Themis Advocates
James Mure QC - Axiom Advocates
Gavin Walker QC - Axiom Advocates

2020 Silks

Alasdair Burnet QC - Terra Firma Chambers 'Alasdair has a measured approach which is well-received by the bench, but can bare his teeth in cross-examination when required, which is what clients want to see.'

2021 Silks

Laura-Anne Van Der Westhuizen QC - Ampersand Advocates 'A very impressive advocate. She provides calm, considered and strategic advice. She is a delight to work with, always reliable and is one of the go-to advocates for any planning matter.'

Leading Juniors

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Denis Garrity – Terra Firma Chambers ‘Denis’ frank and down to earth approach make him an invaluable ally in dealing with clients. Clients like him because he just gets it – he doesn’t hide behind bluster or pomp and tells it like it is. That straightforward approach is brought to the courtroom, where he is doggedly determined and is unafraid to go down every line of attack that is available to him.‘
Eoghainn MacLean – Ampersand Advocates
Scott Manson – Axiom Advocates ‘One of the go-to advocates for all construction-related professional negligence cases. A diligent advocate who has a fantastic manner with clients.'
Christian Marney - Ampersand Advocates
David Massaro  – Axiom Advocates ‘An astute and skillful advocate who combines a client friendly and pragmatic approach with perspicacious analysis of legal problems and highly effective representation in court.‘
Adam McKinlay – Axiom Advocates ‘Adam is extremely impressive. He has extreme attention to detail, the ear of the court and is very good on his feet.'
Maurice O’Carroll - Terra Firma Chambers
Robert Sutherland - Terra Firma Chambers 'Robert is a meticulous and very knowledgeable advocate.  His attention to detail and ability to understand complex property disputes and offer pragmatic and sound advice to clients is a significant strength. '
David Turner - Arnot Manderson Advocates 'Go-to junior counsel. He is very knowledgable on a wide range of matters and has an incredible legal brain, and clients appreciate his ability to explain complex matters in plain English. '
Graham Turner  - Terra Firma Chambers
Timothy Young - Ampersand Advocates 'Tim is an outstanding advocate - one of the best at the Scottish Bar. He is well-rounded, meaning that both his written work and advocacy skills are equally as strong. Clients also love him.'
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Ross Anderson – Ampersand Advocates
Ewen Brown  - Terra Firma Chambers 'Ewen is a strong and capable advocate. His delivery is clear and the structure of his submissions is always well thought out.'
Brian Crook - Terra Firma Chambers 'Brian combines in-depth knowledge of the law with a pragmatic approach to litigation - he can interact with cleints in a meaningful way and add value to the whole process, not just in court or in litigation work.'
Graham Dunlop - Terra Firma Chambers
Miranda Hamilton - Axiom Advocates
Roddy MacLeod - Terra Firma Chambers 'Roddy provides clear and concise advice on difficult matters. He is particularly helpful in setting out a clear pathway to resolve an issue and does not get bogged down in overly scholarly analysis of cases.'
Ross McClelland – Axiom Advocates ‘Ross is responsive, always up to speed with the claim, reliable and most importantly, gives well thought out advice.‘
Giles Reid – Ampersand Advocates ‘Giles has excellent communication and presentation skills. He is quite able in responding to difficult questions from the Bench with ease and incorporating the judge’s line of questioning into his line of argument.‘
Murray Steel - Axiom Advocates 'A technically very bright advocate, good on detail and taking a commercial approach for clients. He has particular expertise in construction professional indemnity cases.'

Rising Stars

Alexander Sutherland - Ampersand Advocates

Property, planning and construction in Scottish Bar

Ampersand Advocates

Ampersand Advocates handles a lot of work concerning the use of space, with many areas crossing over with its public law and commercial expertise. Eoghann Maclean represents the Duke of Argyll in a £7m claim against the Ministry of Defence concerning large quantities of unexploded WW2-era ordinance in his forest, which there was an allegedly bungled attempt to clear in the 1970s, while Laura-Anne Van Der Westhuizen QC - a 2021 silk appointment - is particularly active in work concerning planning and rural property. Malcolm Thomson QC has been active in work concerning the Electronic Communications Code, which underpins the UK-wide legal framework for physical telecoms infrastructure.

Testimonials

Stables

‘The stable has a full breadth of advocates at all levels of experience with expertise over a broad area of law.’

‘Ampersand is a leading stable with a strong offering of advocates in both the junior and senior ranks across a variety of practice areas. The offering for planning and environmental matters is particularly strong, and includes some of the most impressive advocates in this area.’

‘Ampersand has a number of advocates who are some of the best in Scotland for planning law instructions.’

Clerking

‘The stable is run by extremely competent, efficient as well as engaging staff. It is one of the stables that I use most frequently because of that and the quality of their members who are not only commercially flexible but they are willing to share their knowledge and carry out internal training as and when requested.’

‘The clerks as indicated above are engaged and engaging. They are pragmatic as well as sensible in looking after their members interests.’

‘Clerks are very quick and responsive to requests made by agents sometimes at very short notice.’

‘The head clerk, Alan Moffat, is ever courteous, professional, helpful and friendly. He is able to steer agents to making the right choice in terms of counsel for a particular case or piece of work.’

‘The clerks are extremely helpful, and responsive. Sheena Hume has been particularly helpful to me on a number of occasions.’

Axiom Advocates

Members of Axiom Advocates are active across work involving the built environment, from planning through to post-completion disputes. In addition to members being involved in major disputes concerning some of Scotland’s most significant infrastructure projects, Garry Borland QC and Miranda Hamilton represent Glasgow City Council in a dispute with the architects of a number of new care homes in Glasgow, which were found to have failed to meet fire standards. Ruth Crawford QC represented the Scottish Ministers in judicial reviews concerning the “tilted balance” planning policy. The stable also features expertise in matters relating to rural life, from renewable energy through to farmland. Martin Richardson QC (as was) is now a Senator of the College of Justice.

Testimonials

Stables

‘Axiom clearly has a large number of excellent construction senior and juniors.  It is the go to stable for construction counsel.’

‘Axiom is a leading stable with a strong offering of advocates in both the junior and senior ranks across a variety of practice areas. The offering for public law and planning is particularly strong and includes some of the most impressive advocates in this area.’

‘Axiom is a first-rate stable.  Many of the most capable advocates are based there, including some of the highest ranked commercial and civil silks.’

Clerking

‘I have been consistently impressed by the Axiom clerks. I have found them to be exceptionally helpful and responsive.’

‘The clerks at Axiom are very experienced and are always friendly and helpful. I deal regularly with Catriona Still and Colleen Adams who are always prompt in responding to any enquiries I have.’

‘Good, efficient and friendly service. Colleen Adams is a stand-out.’

Terra Firma Chambers

At Terra Firma Chambers, James Findlay QC – also a member of Cornerstone Barristers, which is highly regarded for this work in England – is active in some of the largest planning instructions on either side of the border, while Robert Sutherland and Roddy MacLeod are active in agricultural and rural work, including matters concerning crofts and grouse moors. Unled, Graham Dunlop represents East Ayrshire Council in Community Windpower Limited v Scottish Ministers, which involves questions as to the extent third parties can interfere with planning permission when conditions require use of their land.

Testimonials

Stable

‘The clerking team provide an excellent level of service and the advocates’ ability to pick up sometimes unusual and complex cases is what compels us to keep going back to Terra Firma.  I believe it is the only stable that regularly offers CPD relevant to my fields of practice in the Highlands – and this is appreciated.’

‘Terra Firma is the pre-eminent stable for planning and compulsory purchase work and it takes a lot to go past it.’

‘The stable continues to offer some particularly able counsel in the fields of property and tax.’

Clerking

‘Emma Caskie-Potter and the team are magnificent. They provide a wonderful service and really work as a team with the advocates. they know who is doing what and when.’

‘Emma Caskie-Potter, Andrew Veitch, Tracy Whitelaw and Catriona Downie are all excellent clerks. The level of service provided is second to none and it is a pleasure to speak with whomever answers the phone every time that I contact the stable. They are well versed in the expertise and knowledge of all of their advocates.’

‘The clerks are very good. I have found that I am directed to a particular advocate with a specialist area of interest and experience when that is required. Likewise if I need a more junior advocate I can also receive expert guidance to enable the most appropriate advocate to be instructed.’

Themis Advocates

Themis Advocates includes a number of members active in construction law work, among other areas. Steven Walker QC - who is also a member of Six Pump Court in England - has an international practice in engineering-related arbitrations, including working with law firms in Asia, and those handling energy-related work closer to home.

Testimonials

Stable

‘The breadth of expertise within the stable is clearly presented as a strength. I have never had any issues with counsel being over-committed.’

Clerking

‘I have always found Liz Archibald and Sara Mauriello to be extremely helpful and responsive for any queries. I have been very impressed with Kiera Johnston since she came in as senior clerk.’

‘Kiera Johnston is a very capable and efficient lead clerk.’