Maurice O'Carroll

Work Department

About

• Introduction
• Employment
• Planning & Environment
• Regulatory
• Commercial
• Professional Negligence
• Arbitration & Mediation
• Awards & Prizes
• Qualifications
• Appointments
• Memberships
• Languages
• Direct Access
• GDPR Notice
• Transparency Information

AREAS OF EXPERTISE

• Arbitration
• Commercial
• Employment
• Mediation
• Planning & Environment
• Professional Negligence
• Property
• Public
• Regulatory

Position

Introduction

Maurice has over 25 years’ advocacy experience, having called to the Bar in Scotland 1995.  He has been dual qualified since March 2019 when he also called to the Bar of England and Wales.  He is Public Access registered and may accordingly accept instructions directly from members of the public in appropriate cases.

His principal areas of practice are:

–          Employment Law

–          Town and Country Planning

–          Administrative Law

–          Regulatory and

–          Commercial Law

Maurice is ranked in Chambers and Partners UK Bar Directory 2022 for Planning and Environmental Law, as he was in for 2021 also.  He is also ranked as a leading junior counsel for Employment Law in the 2022 edition of the Legal 500.

He has appeared before the Nursing and Midwifery Council (NMC) and the SSSC, which is the body regulating social workers in Scotland.

Maurice has been a Legal Associate of the Royal Town Planning Institute since 1998.  He has conducted planning inquires for developers, objectors and local authorities in relation to a number of high-profile applications.  He has appeared on many occasions in the Scottish equivalent of the High Court and the Scottish Court of Appeal in relation to judicial review actions against planning authorities.

In August 2018, Maurice was admitted as a Fellow of the Chartered Institute of Arbitrators, having previously been a Member of that professional body, after passing the Fellowship Examination in Arbitral Practice and Procedure and Award Writing.

Maurice is ranked in the current Chambers and Partners UK Bar Directory 2022 for Planning and Environmental Law.  It describes him as a ‘seasoned junior with a substantial background in planning and environmental law‘: “He is an able Counsel” (Chambers UK, 2022).

In the previous edition of Chambers and Partners UK Bar Directory, he was described as “very user-friendly” and “very experienced.” (Chambers UK, 2021)

He is also ranked as a leading Junior for Employment and Property, Planning & Construction in the latest edition of the Legal 500, where he is described as “Very engaging and a proper team player.” (Legal 500, 2022)

Maurice is a door tenant at 33 Bedford Row.

Direct Access

Maurice is accredited to accept work under the Direct Access Scheme, also known as the Public Access Scheme, in suitable cases.  In order to instruct Maurice on a Direct Access basis, contact the clerks on +44 (0) 20 7242 6476 or by emailing clerks@33bedfordrow.co.uk

Career

Appointments

Standing Junior Counsel to the Scottish Government (equivalent to Treasury Counsel) 2003-2012

Legal Chair and Board Member of the Scottish Legal Complaints Commission (equivalent to LeO) 2011-2016

Legal Chair in the First-tier Tribunal for Scotland (Housing and Property Chamber) 2012 – present

Employment

Maurice has been recognised in recent editions of Legal 500 for his expertise in Employment Law: ‘[he is] well regarded for his expertise in handling a wide range of employment disputes’ (Legal 500, 2016); as a leading junior ‘very experienced in employment disputes’ (Legal 500, 2017); and ‘very well known for handling employment disputes’ (Legal 500, 2019).  In the 2019 edition, Maurice was ranked in the top 10 junior counsel for Employment Law in Scotland.

In 2010, Maurice founded the Scottish Bar Employment Law Group, which is a professional interest grouping aimed at promoting education and excellence in Employment Law in Scotland.  The Employment Law Group holds an annual conference each year which hosts prestigious speakers in the field of Employment.  The 2019 conference which Maurice organised had as its guest speakers the Judge of the Scottish Employment Appeal Tribunal and the Vice President of the Employment Tribunal in Scotland.

He appears for both claimants and respondents.  He has recently appeared on a number of occasions for union-backed claimants in the Employment Tribunal, obtaining reinstatement and compensatory awards for unfair dismissals.

He has also conducted cases involving disability discrimination, maternity discrimination and sex discrimination under the Equalities Act 2010.  He is currently advising in a whistle blowing case and also a race discrimination application before the Employment Tribunal in London.

Planning & Environment

Maurice has extensive experience in Town and Country Planning.  He is ranked in the 2021 edition of Chambers and Partners UK Bar Directory for Planning and Environmental Law.  He has conducted planning inquires for developers, objectors and local authorities in relation to a number of high-profile applications. Most notable among these are:

– Blarghour wind farm inquiry on behalf of Argyll and Bute Council in opposition to a proposal to build a 17 x 135.5m turbine wind farm on the Kintyre Peninsula (2020)
– Killean and Clachaig Glen double planning inquiry in opposition to proposals to build two commercial wind farms on the Kintyre Peninsula (2019)
– Park of Keir planning inquiry on behalf of objectors to a proposal for a Tennis Academy and housing development in the Stirlingshire Green Belt promoted by Judy Murray (2016)
– Princes Street Galleries public local inquiry where Maurice acted as junior counsel in opposition to a proposal to build a shopping mall underneath Edinburgh’s historic Princes Street (1998)

Maurice has also appeared on many occasions in the Scottish equivalent of the Chancery and Queen’s Bench divisions of the High Court and the Scottish Court of Appeal in relation to judicial review actions against planning authorities.  In 2021, he was involved in a Court of Session (High Court) and Court of Appeal action against the Scottish Government on behalf of a wind farm developer.

He recently advised a major housing developer in relation to a disputed planning agreement in terms of the Scottish equivalent of section 106.  He also recently appeared in the Court of Appeal in Scotland in relation to the validity of enforcement action by a planning authority alleging an unlawful change of use from a dwelling house to a commercial short term letting business.

Maurice undertook the first ever virual planning inquiry in Scotland in October 2020 in relation to a wind farm development. He has recently (in 2021) appeared on behalf of Argyll and Bute Council at the Sheirdrim wind farm inquiry to resist an application to develop 19 turbines on landscape and visual impact grounds.

Regulatory

Maurice has recently represented clients before the Nursing and Midwifery Council (NMC) and the SSSC, which is the body regulating social workers in Scotland.

Commercial

Maurice has experience in advising clients in relation to commercial leases and agreements.  He has advised a local authority on its rights to recover property held on a commercial lease.  He recently advised a major housing developer in relation to the validity of a planning obligation agreement.

Professional Negligence

Maurice has in the past acted as junior counsel in a four week civil trial for a Plaintiff against a professional insurance broker and obtained an award of damages in excess of £1m in the commercial court.

He has also previously advised in an action against a professional tax advisor which led to a substantial settlement.

Arbitration & Mediation

Maurice is a Fellow of the Chartered Institute of Arbitrators (FCIArb) after passing the Fellowship Examination in Arbitral Practice and Procedure and Award Writing in 2018.  Prior to that he had been a Member of the Chartered Institute of Arbitrators following a fast-track entry procedure in 2016.

In December 2015, he successfully completed the Scottish Community Mediation Centre’s SCQF level 6 course in Mediation Skills.

He is a member of the Scottish Bar Alternative Dispute Resolution Service (FDRS) which is a panel of experts dedicated to Alternative Dispute Resolution at the Scottish Bar.

 

Languages

Fluent French speaker;
Italian

Education

LLB (Hons) (2:1) University of Edinburgh 1988

Dip LP, University of Edinburgh 1989

Legal Associate of the Royal Town Planning Institute (LARTPI) 1998

Fellow of the Chartered Institute of Arbitrators (FCIArb) 2018

Awards & Prizes

Maurice O’Carroll’s expertise has been recognised for many years in legal directories: the current Chambers and Partners UK Bar Guide 2021 describes him as a “Seasoned junior with a substantial background in planning and environmental law. Conducts planning inquiries, judicial reviews and appeals spanning various sectors including renewable energy and residential property development.” and “very user-friendly.” It goes on: “He is very experienced and doing a number of bigger inquiries”. He has recently appeared on behalf of Argyll and Bute Council at the Blarghour wind farm inquiry to resist an application to develop 17 turbines on landscape and visual impact grounds.”