The Westwater Advocates News Page, where you can find the latest news about the stable and its members.

Happy 21st Birthday Westwater Advocates!

Westwater Advocates marked 21 years since the stable was established with a drinks reception at the Signet Library last Thursday night.

On reaching this milestone Sheila said "I can hardly believe that 21 years have passed since I became Clerk to my stable. It has been a wonderful 21 years and I am delighted that so many members and loyal instructing agents have been able to attend tonight. I have of course been very lucky to have members and deputies over the years of such a high calibre and hope this continues for many more years to come."

Proceeds of Crime - The Petition of
The Scottish Ministers v Stirton & Anderson [2012] CSOH 15

The Scottish Ministers have succeeded in recovering property to the value of more than £900,000 under the Proceeds of Crime Act 2002. Delivering her opinion Lady Stacy said that she was satisfied that the property sought by the Scottish Ministers, including the family homes and other assets of Mr Stirton and Mr Anderson, had been obtained by unlawful conduct consisting of involvement in importation of controlled drugs and a firearm, extortion, fraud and money laundering.

Westwater Advocate Bryan Heaney was junior counsel for the Scottish Ministers. Lasting 130 days, the proof was one of the longest in Scottish legal history. Bryan worked assiduously on the preparation of the case, where the productions stretched to more than 100 lever arch files and the witnesses on the Ministers' list numbered 132. Bryan said "In a case of this complexity the only way to keep ahead of the demands is to use computer technology and work hard."

Bryan assisted Ruth Crawford QC of Axiom Advocates. She said "Bryan's support was invaluable. His legal knowledge, his ability with IT and diligent attitude allowed me to delegate portions of the case to him and be confident that nothing would be missed."

As well as appearing as a standing junior for the Ministers in civil proceedings, Bryan accepts instructions from accused persons in criminal confiscation proceedings. He maintains a broad civil practice for pursuers and defenders. Bryan is also an assistant editor of Lloyds' Law Report (Financial Crime).

The stable has several members with a special interest in proceeds of crime cases. For further information please call the clerking team.

A Piggyback Question

The Employment Tribunal in Glasgow has decided an interesting point in relation to 'piggyback' Equal Pay claims in Kelly & oths v North Lanarkshire Council.

Piggyback claims are where men rely on female colleagues who themselves had raised equal pay claims. The question for the tribunal was whether piggyback claims raised by men targeting sums paid in settlement of females' equal pay claims were properly to be raised as equal pay claims under the Equal Pay Act 1970 or as sex discrimination claims under the Sex Discrimination Act 1975 (both now replaced by the Equality Act 2010, but with a similar distinction between the two types of claim still recognised).

Westwater's David Hay, for the Council, argued that the claims were properly pursued under the Sex Discrimination Act. Sarah Bourke, English counsel acting for the claimants, contended the claims were for equal pay.

The Employment Tribunal has decided that the claims are properly to be pursued as claims for sex discrimination and not equal pay. This is a relatively novel area of law still being considered by the courts. It remains to be seen whether the claimants will appeal this decision.

Recognition for 19 Westwater Advocates in Chambers UK 2012

The Chambers UK 2012 editorials heralded accolades for 19 Westwater Advocates and particular recognition for the Family/Matrimonial and Personal Injury sets:

'This [Family/Matrimonial] standout set is commended for “providing exceptional expertise in family law and for always going the extra mile.” Offering some of the most highly regarded family barristers in Scotland, it is a go-to stable for all family law concerns.'

'The stable houses a number of [Personal Injury] practitioners experienced in both smaller and higher value serious injury claims. Poor communication is the bugbear of many a client, which is why they are delighted to find advocates at this stable who “acknowledge communications promptly” and “deal quickly and efficiently with any enquiries.” '

Clerk Sheila Westwater said "The latest research by Chambers again highlights the multi-disciplinary excellence that Westwater Advocates has to offer. Our advocates have proven strength and depth in a broad range of specialisms and this recognition is thoroughly well deserved."

Here is what Chambers said about counsel:

Agricultural & Rural Affairs

• 'Star Individual' Sir Crispin Agnew QC 'is unanimously considered to be the leading counsel for agriculture and crofting law in Scotland. In particular, he is known for taking on cases that others dare not and turning them around. His admirers say that "his indefatigability and diligence stand out for all to see." He has written several authoritative texts on Scottish agricultural law and is developing his expertise in environmental law and renewable energy production. Sources add that he is a "true expert" who shines with his "approachable, client-friendly charm." '

• Gail Joughin ‘is a property advocate with a strong line in agricultural holdings, tenancy and grazing lease disputes. Clients appreciate her experience and understanding of the sector.’

Clinical Negligence

• David Stephenson QC ‘exclusively represents defenders and has considerable nous and experience in medical negligence.’ 

Commercial Dispute Resolution

• Nick Ellis QC ‘is a significant presence in the market and offers a healthy range of expertise, including the handling of disputes relating to professional negligence and construction.’

• Calum MacNeill QC ‘is admired by market sources for the breadth and depth of his commercial disputes expertise. He attracts instructions relating to professional negligence, construction and employment disputes.’

Employment

• James Peoples QC ‘is a talented advocate with particular expertise in dealing with equal pay disputes.’

• ‘Highly rated junior’ Alice Stobart ‘is widely tipped by peers to have a bright future in this area and has particularly impressed with her advocacy.’

• Juliette Casey ‘deservedly enters the rankings this year. She is known for her first-class knowledge of equality law and has been regularly appearing in equal pay disputes in the courts.’

Family/Matrimonial

• Morag Wise QC 'wins particular recognition for her skill with the “tougher, bigger-money cases.” Offering “the full package, “ she is respected as a “formidable opponent who provides a fresh perspective and a practical approach.” '

• Lynda Brabender ' “will fight her corner while looking for creative solutions.” Her practice includes high-value divorce actions and public child law. “She heads the field in adoption law and is massively experienced with local authorities,” say instructing solicitors.'

• Ruth Innes 'garners plaudits for her practice which in the past year has included Hague Convention applications. “Her written work is cogent and well drafted, she is quick to grasp the pertinent issues and she has an impressive depth of knowledge.” '

• 'Cohabitation claims are a growing area of interest' for Robert Hayhow, 'and he is also active on international child abduction cases. "He is praised for his thorough and tough negotiation skills, and clients feel safe with him on board.” '

• Mary Loudon 'commands respect for her strength in arguing motions. She frequently appears in the Sheriff Courts in childcare cases.’

Health & Safety

• '“Energetic, smart, clean-cut, first rate advocate.”' Gavin Anderson 'has recently “defended numerous health and safety prosecutions involving fatalities and appeared in many fatal accident inquiries. “He’s very effective, shows great attention to detail and is very considered in his pleadings,” say those that use him.’

Personal Injury

• 'Interviewees point to the tremendous value James Campbell QC adds on complex personal injury cases. He was recently involved in Wilson v Excel UK, an attempt to make an employer liable for a workplace assault.'

• Andrew Hajducki QC ‘handled one of the cases arising out of the Nimrod accident in Afghanistan.'

• 'Preston Lloyd has long experience in personal injury cases, whilst Gordon Lamont has proved himself a popular junior for complex injury claims, especially those arising out of aircraft accidents.’

Click here for further information.

Successful Discrimination Result for David Hay

The Employment Tribunal in Edinburgh has issued its judgement in the claim of Rowena Robbie v Lothian and Borders Police, in a decision registered on 4 October 2011. Ms Robbie was represented at the tribunal by Westwater Advocates' David Hay and Lothian and Borders Police was represented by a partner of Maclay Murray Spens LLP, one of the largest Scottish solicitors' firms.

Ms Robbie, a police constable based at the Scottish Parliament, went on a period of maternity leave that coincided with a review of the numbers of constables based at the Parliament. At least one post was to be removed, and Ms Robbie's post was selected. The Employment Tribunal unanimously decided that the decision to remove Ms Robbie's post was done on the basis of her being absent from work on maternity leave and that, accordingly, the Force discriminated against her in terms of the Sex Discrimination Act 1975 (now replaced by the Equality Act 2010). The Tribunal made a declaration that she had been discriminated against and awarded a sum of compensation, principally in relation to her injury to feelings. Other claims made, that the Police had descriminated against Ms Robbie in relation to arrangements surrounding continued breastfeeding, and a flexible working request application, were dismissed.

Fellow stable member and employment law specialist Calum MacNeill QC said "Discrimination cases are often complex and simply because an employer has not acted with malice towards an employee does not mean that there is not a discriminatory reason lying beneath the surface. The successful result in David's case demonstrates the experience that our employment law advocates have in negotiating the many issues that can be found in discrimination cases; and that Westwater Advocates are comfortable in appearing both for claimants and for employers."

In the most recent statistics for the Employment Tribunal issued by the Ministry of Justice for the year 2009-2010, only 2% of sex discrimination claims determined in that year were successful.

Well done David!

Legal 500 Recommendations

We are delighted to announce that Westwater Advocates has received 20 recommendations in 9 of the 12 categories in the Legal 500 2011 edition. These are in the areas of commercial litigation; crime; employment; family and childcare; health and safety, and regulatory; personal injury, medical negligence and professional negligence; planning, environmental and licensing; property, construction and agriculture; and tax, trusts and pensions.

Clerk Sheila Westwater said "The latest Legal 500 recommendations again highlight the strength and depth of expertise at Westwater Advocates and the multi-disciplinary excellence on which we pride ourselves. We are committed to providing our clients with the best possible service and advice."

Click here to see the full list of recommendations on the Legal 500 website.

Appointment of Dr Vinit Khurana as Part-Time Sheriff

The Scottish Ministers, at the recommendation of the Judicial Appointments Board for Scotland, have appointed Dr Vinit Khurana to the office of part-time sheriff. This is one of 15 new appointments.

Vinit is dually qualified from Edinburgh University in medicine and law. He graduated in medicine in 1988 and worked as a General Practitioner before returning to study law, graduating for the second time in 1995. Vinit qualified as a solicitor in 1998 and was admitted to the Faculty of Advocates in 1999. Since calling to the bar his main areas of specialism have been professional negligence and regulatory work.

Vinit was an Advocate Depute from 2006 to 2009, prosecuting serious crime in the High Court on behalf of the Lord Advocate. He is currently a Standing Junior to the Scottish Ministers having been reappointed in 2009 following an earlier term between 2005 and 2008.

On his appointment to the office of part-time sheriff Vinit said "I am looking forward to broadening my experience through this interesting and exciting opportunity."

Congratulations to Vinit from Westwater Advocates!

Appointment of Gillian Wade as Head of the National Sexual Crimes Unit (NSCU)

The Lord Advocate, The Right Honourable Frank Mulholland QC, has appointed Senior Advocate Depute Gillian Wade as the new head of the National Sexual Crimes Unit (NSCU).

The NSCU team comprises specialist Crown Counsel who investigate and prosecute Scotland's most serious sex crimes including rape, sexual abuse, images of child sexual abuse, sexually motivated murder and people trafficking for sexual exploitation. The team directs criminal investigations from the earliest stages, providing invaluable guidance to the Procurator Fiscal as they prepare to bring prosecutions to court.

Gillian has been a member of NSCU since its inception in June 2009. She became deputy head to Derek Ogg QC in the following year and was personally recommended for her new position by her predecessor.

Gillian Wade said "I and my specialist team of prosecutors will continue to build on Derek Ogg's groundbreaking work in this area.

"We are committed to investigating, preparing and prosecuting these crimes fairly, sensitively and professionally and will work towards improving support for the victims whose evidence is so crucial in these cases.

"Our continuing challenge will be to innovate ways to find and preserve the incriminating evidence that will convince juries and provide safe convictions in the the way that Scotland deserves."

Congratulations Gillian from Westwater Advocates!

Sheila Westwater - 25 Year Anniversary with the Faculty

Today Clerk Sheila Westwater celebrates 25 years with the Faculty of Advocates. Sheila joined as a deputy for two clerks, Christine Ferguson and Alan Robertson, on 1 September 1986.

In January 1991 Sheila became only the second female clerk to have her own stable and in keeping with tradition the stable took her name. Lord McGhie and Lady Paton were crucial to the stable's formation. Both are now sitting Judges, Lord McGhie is President of the Land's Tribunal for Scotland and Chairman of the Scottish Land Court and Lady Paton is a Senator of the Court of Session.

Five of the advocates who joined the stable at its inception and continue to practice are James Peoples QC, James Campbell QC, Gilmour Ivey QC, current Stable Director Nick Ellis QC and Gail Joughin.

Westwater Advocates swiftly established itself as a stable of multi-disciplinary excellence. Even in its infancy the stable attracted ambitious and dedicated advocates practicing in a wide range of disciplines. Top silks Morag Wise QC, Calum MacNeill QC and David Stephenson QC have all been with the stable since they called to the bar. In addition the stable has produced nine Sheriffs and one successful crime writer!

Sheila has been assisted by excellent and long-serving deputies. Julia McGuire is now a partner at Pinsent Masons; Christina Ballantyne (deputy from 2001) who continues to be an invaluable member of the team and Gavin Herd (deputy from 2002 until January 2011) who is now an Advocates' Clerk.

Christina Ballantyne said "This is a wonderful day for Sheila and for the stable as we count down to the 21st Anniversary of Westwater Advocates in January 2012. It is a remarkable achievement."

The newest member of the clerking team Jane Morrison said "It has been a pleasure to be welcomed into this long-established yet still dynamic team. I hope I can play a part in the stable's continued growth for many years to come."

Currently the stable has 48 members and continues to thrive.

Leaders at the Bar!

We are delighted to announce that following their research Chambers UK has selected the following 20 Westwater Advocates as Leaders in the Field:

AGRICULTURAL & RURAL AFFAIRS

Sir Crispin Agnew QC

Gail Joughin

CLINICAL NEGLIGENCE

David Stephenson QC

Margaret Hodge

COMMERCIAL DISPUTE RESOLUTION

Nick Ellis QC

Calum MacNeill QC

EMPLOYMENT

Jim Peoples QC

Alice Stobart

Juliette Casey

HEALTH & SAFETY

Gavin Anderson

FAMILY

Morag Wise QC

Lynda Brabender

Robert Hayhow

Ruth Innes

Mary Loudon

PERSONAL INJURY

Andrew Hajducki QC

James Campbell QC

Gilmour Ivey QC

Gordon Lamont

Preston Lloyd

Stable Director Nick Ellis QC said "I am delighted that the multi-disciplinary excellence of the stable has been recognised by Chambers. The stable has always performed well and year on year we have improved our standing. It is very good news for the stable and our broad client base that we can demonstrate our expertise across so many specialisms."

Deputy Stable Director Morag Wise QC and Chair of the Advocates Family Law Association said "The stable continues to grow from strength to strength. For Chambers to acknowledge so many of our leading lights across the various specialisms is excellent news for the stable. This recognition by Chambers would not be possible if it were not for the high recommendations of our instructing agents. I am particularly delighted that our family practitioners have been recognised. This coupled with the addition of our two newly called advocates adds to the strength and depth which the Westwater Advocates family team can boast."

New At The Bar

Westwater Advocates is delighted to welcome 3 new members to the stable. Julianna Cartwright, Neil MacDougall and Claire Thomas called at the Bar today.

Clerk Sheila Westwater said, "This is an exciting time for the stable. Julianna and Claire have a wealth of experience in family law and are a welcome addition to our leading team of family experts. Neil's background is in commercial law and I have no doubt that his enthusiasm and dedication will stand him in good stead in Westwater Advocates."

Returning Members

Westwater Advocates is delighted to announce that Douglas Fairley, Sandy Forsyth and Vinit Khurana have rejoined the stable. Clerk Sheila Westwater said, "It is a pleasure to welcome back 3 such highly regarded and well instructed members. We very much look forward to working with them again."

Douglas is presently in Crown Office.

Sandy has completed undergraduate and postgraduate theology degrees.

Vinit returns to practice after a short break. His diary is open for instructions now although he will not return to work full time until September.

Lord Stewart’s Opinion in D’s Parent and Guardian v Greater Glasgow Health Board

THIRD MULTI-DISCIPLINARY CONFERENCE

Monday 6 June 2011 - 9.30am to 4.40pm

Mackenzie Building, Old Assembly Close, High Street, Edinburgh

The Conference, showcasing the multi-disciplinary expertise of Westwater Advocates, will be Chaired by Stable Director Nick Ellis, Q.C. Comprising 40 minute talks by Advocates of expertise and experience, with opportunity for discussion, this Conference will deal with topics of recent interest across the following range of important areas of practice:

COMMERCIAL

Charles Cowie - Prescription of Claims

EMPLOYMENT

David Hay - Employment Appeal Tribunals

Juliette Casey - The Equality Act and Equal Pay: Recent

developments in Scots Law

FAMILY                        

Lynda Brabender - Financial Provision

Maggie Hughes - Dicta Futuris-management of family cases in light of

B v G [2010] CSIH 83 (shorter presentation)

PERSONAL INJURY

Andrew Hajducki QC

Andrew MacMillan - Two related presentations on Fatal Claims

PROPERTY

Greg Sanders - Land Reform (Scotland) Act 2003: recent case law

The Conference is free of charge, open to solicitors and will qualify for

5 ½ hours of Faculty of Advocates CPD, offering the opportunity to obtain

5 ½ hours CPD under Law Society of Scotland Guidelines. Registration

will commence at 9.15 am, finishing at approximately 4.40pm.

Lunch and coffee will be provided.

Limited availability    

Places can be reserved on a first come first served basis by contacting:

Jane Morrison, Deputy Advocates' Clerk

0131 260 5828

jane.morrison@advocates.org.uk

Exclusive preview of Sir Crispin Agnew QC’s soon to be published article Why mediate?

Crispin looks back on his experience of conflicts during his time in the Royal Highland Fusiliers, firstly in Cyprus and later in Northern Ireland, where he was dealing with complex situations without any training in mediation.

As an advocate much of Crispin's time is spent ‘horse trading at the door of the court to settle an action’. This method of negotiation more often that not results in dissatisfaction for one or both parties. Whereas an independent mediator can bring parties together and negotiate the 'myriad of issues between the parties that have built up over the years.'

Crispin qualified as a mediatior in 2010 and has been involved in complex mediations in the areas of competition law, family farming disputes and professional negligence.

Click here to read the full article.

Andrew Hajducki QC in Scots Law Times: Issue 07: 4-3-2011

Andrew Hajducki QC's article "A pattern of awards - juries and the bereaved" is published today.

Andrew summarises the awards made over the last ten years by judges and juries for the loss of a relative in terms of section 1(4) of the Damages (Scotland) Act 1976, as amended. He suggests that given the significant sums awarded in recent jury trials, which have been substantially in excess of awards by judges, the time has come for judges to re-assess the position when making their own awards. In addition, awards by juries for the loss of children have overtaken awards for the loss of a husband or wife.

See Andrew's article for a full and frank look at the facts.

Westwater Advocates' Ability Recognised By Equalities and Human Rights Commission

4 advocates within Westwater Advocates have been selected by the Equalities and Human Rights Commission to form part of their Panel of Preferred Counsel for use in cases in which the services of counsel are required.

Adrian Stalker, Advocate has considerable experience in Housing Law and the Human Rights implications within that and other fields.  He has authored an authoritative text on the subject of Housing Law.

Juliette Casey, Alice Stobart and David Hay, Advocates, have an emphasis on Employment Law in their civil practises. All are regularly instructed to appear in the Employment Tribunal and Employment Appeal Tribunal and have experience in representing the interests of both employees and employers. All three are committee members of the Faculty of Advocates Employment Law Group.

Stable Director Nick Ellis QC said: "In the 21st Century no lawyer can ignore the issue of Human Rights. The impact of the legislation across any number of areas of legal practice is considerable, raising at times complex issues of interference with individuals' rights, be they to do with protection of private life, or protection from unlawful discrimination. We are delighted the Commission has recognised the ability of our members in their appointment of Adrian, Juliet, Alice and David to their Panel. It demonstrates the range of expertise our members can provide to clients and instructing solicitors."

The EHRC is the independent statutory body established to help eliminate discrimination, reduce inequality and protect human rights across the protected grounds of age, disability, gender, race, religion and belief, sexual orientation and gender reassignment.

www.equalityhumanrights.com

New Deputy

After the thoroughly well deserved promotion of Gavin Herd to the position of Practice Manager at Compass Chambers we are delighted to welcome Jane Morrison as our new Deputy. Jane starts on 24 January and her contact details are:

Direct Line: 0131 260 5828

Email address: jane.morrison@advocates.org.uk

Great Success for Stable in Chambers UK 2011 Rankings

We are delighted to announce that 17 of our members have been ranked in the 2011 Edition of the Chambers UK Directory. The rankings came in 6 of the 12 areas of law which are covered for Scotland in the directory this year.

The rankings covered a wide range of Seniority of Counsel within the stable, from "Star Performer" Sir Crispin Agnew QC in Agricultural Law to the "Up and Coming" Alice Stobart in Employment Law.

Stable Director Nick Ellis QC said "We are delighted to follow up our recent success in the Legal 500 recommendations with a very strong showing in the Chambers UK Directory Rankings. We are pleased that Chambers have decided to cover more areas in Scotland this year than they had previously and that we have had such good feedback in these areas."

Click here to see the full list of rankings for the Stable on the Chambers UK website.

Stable Highly Recommended in Legal 500 2010

We are delighted to announce that 15 of our members have been recommended in the 2010 edition of the Legal 500. The recommendations came in 7 out of the 13 areas of practice which the Legal 500 covers, which again shows the strength of the stable in many different areas.

There was also praise for the Clerking team, with a quote stating that they "are among the best, and offer effective administration and focused delivery".

Stable Director Nick Ellis QC said "This is further confirmation of the stable's standing as one of the best at the Scottish Bar and the fact we have members recommended in so many areas particularly emphasises our Multi-Disciplinary Excellence."

Click here to see the full list of recommendations on the Legal 500 website.

New Member for Westwater Advocates

We are pleased to welcome our newest member, Colin Edward, who called to the Bar today. Colin has a general civil background, having worked with Ritchie Neill before coming to the Bar. He successfully completed his devilling with Roisin Higgins from Axiom Advocates.

His experience in a variety of areas is a perfect fit with the Stable and he will be an excellent option for Agents looking for an enthusiastic and reliable Junior Counsel.

Stable Director Nick Ellis QC said "We are delighted that Colin chose to join us. It is important for the Stable to have quality Counsel at all levels of seniority and in all areas. As Colin is our first new call since 2008, he helps to bolster the Stable's options at the Junior level. We wish him all the very best in his career at the Bar".

Another successful Multi-Disciplinary Conference.

Westwater Advocates' second Multi-Disciplinary Conference was acknowledged yesterday as another invaluable contribution to the state of legal knowledge in the profession in Scotland.  Over 60 delegates attended the MacKenzie Building, Edinburgh to hear addresses from leading practitioners of Weswtater Advocates on diverse areas of Scots law.

Morag Wise QC, who chaired the day's proceedings, said, "Yesterday was a unique opportunity for those who practise in different areas of law to obtain up-to-date knowledge from leaders in their fields.  Every talk was extremely well received and the delegates all left having had a great deal to take in."

Westwater Advocates hold a Multi-Disciplinary Conference bi-annually.  Look out for the announcement of details of the next. 

Date of Westwater Advocates Multi-Disciplinary Conference announced to be 9 November 2009.

Further demonstrating the multi-disciplinary expertise of Westwater Advocates and our commitment to contributing to the awareness of legal issues in the profession and the community Westwater Advocates is to hold another Multi-Disciplinary Conference on 9 November 2009.  It will deal with topics of interest across a range of important areas of practice.

The Conference will be chaired by Deputy Stable Director Morag Wise QC.  It will include 40 minute talks by advocates of expertise and experience, with opportunities for discussion.  The Talks will be:

Craig Allardice, Advocate - Civil Jury Trials

Ken Revie, Advocate - Personal Injury Law from a Defender's Perspective

Adrian Stalker, Advocate - Tenements (Scotland) Act 2004

Jonathan Brown, Advocate - Scottish Solicitors Disciplinary Tribunal

Maggie Hughes, Advocate - Contact with Children

Ruth Innes, Advocate - Family Law

Juliette Casey, Advocate - Employment Law

The Conference is free of charge and open to solicitors.  Lunch and coffee will be provided.  The Conference will qualify for five hours of Faculty of Advocates and Law Society of Scotland CPD.  Registration commences at 9.15am and the Conference will finish at approximately 4.15pm.

There are a limited number of places avalable which can be reserved on a first come first served basis.  To reserve a place please telephone or email Gavin Herd.

Honour for David Stephenson.

Westwater Advocates' David Stephenson was today appointed Queen's Counsel, bringing the number of QC's in the stable to 9.

David has been in practice at the Bar since 1991, establishing himself as one of the foremost advocates in his fields of expertise in the country.  The rank of Queen's Counsel is reserved for those who have distinguished themselves in practice in the Supreme Courts.

Alice Stobart joins Westwater Advocates.

We are delighted to welcome our latest member, Alice Stobart who transferred to Westwater Advocates from the Murray stable.

Alice is a distinguished practitioner in the field of employment law and brings with her a wealth of knowledge, experience and expertise.

Stable Director, Nick Ellis QC said, "The addition of Alice to our membership means we can offer even more expertise in the employment field.  We are delighted to have Alice as a member.  We welcome her warmly and wish her every success in her new stable."

Transition to electronic diaries complete.

Today, Westwater Advocates discarded its paper diaries in a move which signalled the completion of the stable's transition to electronic diaries for all counsel.

After a prolonged period during which the long-established paper diaries system ran in tandem with electronic diaries, the paper diaries were discarded.

Stable Director, Nick Ellis QC said, "Today is an historic day for Westwater Advocates.  Now all our counsel can access all their professional commitments electronically.  In this way we can maximise the efficiency with which we meet the needs of our service users and our ultimate clients."

Principal Clerk Sheila Westwater added, "Chistina, Gavin and I are delighted that all our members are fully signed up to the electronic diary system. Paper diaries were useful in their time, but the demands of the current times are such that we need the flexibility and accessibility that our digital age solution provides."

Inner House reviews the law relating to hazardous building operations in Stewart v Malik [2009] CSIH 5.

The Inner House has given its decision in the contentious area of the liability of an employer for the actings of a contractor undertaking inherently hazardous building operations, with the Lord President providing an important review of the authorities in this area.

In an appeal from the Sheriff Principal of South Strathclyde, Dumfries and Galloway, the First Division of the Cout of Session has refused to overturn a decision that the pursuers had brought their case within the exception to the rule that an employer is not normally liable for the acts and omissions of an independent contractor.

The full judgement can be seen by clicking here (this link may direct you away from the Westwater Advocates site).

Westwater Advocates' Bryan Heaney appeared for the appellants and Greg Sanders for the respondents.

Westwater Advocates' Jonathan Brown in landmark House of Lords decision.

The House of Lords has given a landmark judgement in relation to the responsibilities of local authorities to their tenants with anti-social neighbours.

Glasgow City Council successfully appealed against the decision of the Inner House of the Court of Session to allow a proof before answer in the action by the relatives of the late James Mitchell who was killed by his neighbour.

The House of Lords decided that the local authority as landlord had not failed in any duties owed to the deceased or his family.  The full judgement can be seen by clicking here (this link may direct you away from the Westwater Advocates site).

Westwater Advocates' Jonathan Brown appeared for eight Housing Associations who intervened to support the appeal.

Westwater Advocates "Top ranked" in Chambers 2009.

Westwater Advocates has been "Top ranked" in Chambers Directory 2009 edition.  Individual stable members have also received high commendations.

In Agriculture and Rural Affairs, Sir Crispin Agnew of Lochnaw QC is named as a "Star Performer" and Gail Joughin is also highly ranked.

Recommended in the field of Commercial Dispute Resolution are Nick Ellis QC, James Peoples QC, Calum MacNeill QC and Douglas Fairley.

Douglas is also ranked in the Employment Law section.

Morag Wise QC, Lynda Brabender and Ruth Innes are all ranked in the area of Family Law.

Stable Director Nick Ellis QC said, "These recommendations in such a highly respected directory of legal services as Chambers recognise the talents which we at Westwater Advocates can offer.  I am particularly pleased that the recognition of individuals has resulted in the Stable receiving the 'Top ranked' accolade."

To see the Westwater Advocates entry in Chambers, please click here (this link may direct you away from the Westwater website).

Multi-Disciplinary Conference a huge success!

Today's Mulit-Disciplinary conference was hailed as a great success by those who attended.  Over sixty solicitors from the central belt and beyond gathered at the MacKenzie Building and listened to interesting and informative presentations on seven diverse areas of law.

Stable Director Nick Ellis QC said afterwards, "Today has showcased the depth and breadth of expertise within Westwater Advocates.  We were pleased to be able to share some of our knowledge and experience with so many solicitors and to make such a useful contribution to the continuing development of the legal profession in Sotland.

"The credit crunch has affected practice in every area of law, and this was a theme which recurred throughout the day."

In response to the positive feedback, we are hoping to have another conference this year with presentations on different areas and it looks likely that this will become a biannual event.

Westwater Advocates Multi-Disciplinary Conference to take place on Monday, 23 February 2009.

Westwater Advocates are to use the singular breadth and depth of expertise of our members to provide a unique professional development opportunity for the profession.  We are presenting a whole day conference with talks on matters of recent interest in seven important areas of practice.  There will also be ample question and answer sessions.

The Conference will be chaired by Stable Director Nick Ellis QC and the talks will be by:

Kenneth Christine, Advocate - Personal Injuries Law

Calum MacNeill QC - Commercial Law

Mary Loudon, Advocate - Family Law

Sir Crispin Agnew QC - Agricultural Law

Douglas Fairley, Advocate - Employment Law

Greg Cunningham, Advocate - Ill-Health Retirement

Gavin Anderson, Advocate - Health & Safety Prosecutions

The Conference is free of charge and open to solicitors.  Lunch and coffee will be provided.  The Conference will qualify for 5 hours Faculty of Advocates CPD and will offer the opportunity to obtain 5 hours CPD under the Law Society of Scotland guidelines.

It will take place at the MacKenzie Building, Old Assembly Close, High Street, Edinburgh on Monday, 23 February 2009.  Registration will commence at 9.15am and the day will finish at about 3.45pm  Limited places are available and can be reserved on a first come first served basis.

To reserve your place at this event, please  telephone (0131 260 5828) or email Gavin Herd, Deputy Advocates' Clerk.

We look forward to seeing you at what will be an extremely interesting day.