WESTWATER ADVOCATES - Key Persons
Adrian G Stalker was a solicitor in private practice between 1992 and 1999, working in various types of civil litigation. From 1999 to 2006, he was Principal Solicitor for Shelter Scotland. He has an expertise in all aspects of housing law and mortgage repossessions. He is regularly instructed by housing associations, local authorities, banks and private landlords, as well as by defenders in eviction or mortgage repossession proceedings, or by homeless persons in judicial review cases.
He has written two books on housing law. The first, Evictions in Scotland, was published in 2007. The second edition was published by Edinburgh University Press in January 2021. His book Housing and Equality Law in Scotland was published by Shelter in 2019. Adrian writes a regular "Housing Law Update" column for SCOLAG. He also chaired the Government's Repossession Group, the report of which led to the introduction of the new statutory code for mortgage repossessions of residential properties. He is a legal member of the First-tier Tribunal Housing and Property Chamber.
Adrian also has a strong interest in other areas of civil litigation, in particular: property disputes, commercial leases, executries, professional negligence, judicial review, human rights and equality law, education, and debt recovery. He is regularly instructed in all of these areas.
Adrian has lengthy and extensive experience in the delivery of training. This began during the course of his work at Shelter, and has continued since he called to the Bar. He regularly speaks at seminars to local bar associations, local authorities, and through organisations such as the Legal Services Agency, and Central Law Training.
Adrian G Stalker's recent cases include:
W v Stirling Council 2016 SLT 35
C v Stirling Council 2016 Hous LR 58
LG v Stirling Council [2016] CSOH 121
M v Fife Council 2016 SLT 480
McLeod v Prestige Finance 2016 HousLR 43
Outlook Finance v Lindsay [2016] SAC (Civ) 7
Alex called to the bar in June 2023, having previously practised as a solicitor in the family law teams of two leading multidisciplinary law firms. He qualified as a solicitor in Scotland in 2016 and in England and Wales in 2020.
As a solicitor, Alex gained extensive experience of financial provision on divorce and cohabitation claims. He has particular experience of cases involving high-net-worth individuals and a wide range of complex assets including trusts and businesses. He has considerable experience of nuptial and other family law agreements, including agreements covering multiple jurisdictions.
In the context of child law, Alex has experience of contact, residence, relocations, permanence, international child abduction, adoption and surrogacy. He was the instructing solicitor in two reported decisions under the Hague Child Abduction Convention (Petition of GMCR [2017] CSOH 66 and Petition of ES [2017] CSOH 79).
Alex's particular expertise lies in private international law. He has extensive experience of advising on jurisdiction and the recognition and enforcement of judgments. He holds a doctorate in private international law from the University of Tübingen, Germany, which was awarded with distinction. His doctoral thesis ‘The Application of Foreign Law in the British and German courts' was published by Hart/Bloomsbury in late 2022. He has taught private international law at the University of Edinburgh for several years and will be lecturing on the course in the upcoming academic year.
Alex also has experience of unjustified enrichment, public, education, contract, trust and succession law. In the context of public law, he was involved in a series of landmark petitions to the nobile officium.
Alex has published numerous articles covering a wide range of family law matters, including in Scots Law Times and Scottish Private Client Law Review. He was recently appointed as an editor of the Butterworths Scottish Family Law Service, with responsibility for the section ‘International aspects of the law relating to parental responsibilities and rights'. He co-authored the Scots family law section for the International Comparative Legal Guide for 2022 and 2023. He inputted into the Scots family law and evidential aspects of the BBC TV dramatisation ‘A Very British Scandal'.
Alex speaks fluent German and conversational Italian.
Alice Stobart is a specialist advocate in employment law and disciplinary and regulatory law. She practised as a solicitor before calling to the bar in 2007. She appears frequently in regulatory conduct and disciplinary hearings, Employment Tribunals, the Employment Appeal Tribunal, the Sheriff Court and the Court of Session.
Alice acts for a variety of clients including businesses operating nationally and internationally, banks and financial institutions, individuals, various local authorities in Scotland, the Central Legal Office of the NHS in Scotland, the Police Federation and businesses in Scotland.
Alice was reappointed to the preferred panel of counsel for the Equalities and Human Rights Commission in Scotland in 2015.
She is ranked as a leading junior in the employment field in Chambers UK (ranked Band 1) and Legal Who's Who.
"Alice Stobart provides expert advice across the whole range of employment issues, with added strength in professional discipline matters. She regularly handles complex discrimination issues including those relating to ageism and sexism, and she is adept at supporting clients with difficult cases of unfair and constructive dismissal." (Chambers UK 2022)
Job Titles:
- Co - Editor of the Family Law Reports
Prior to calling to the Bar, Alison M Wild was a solicitor in private practice for 16 years, specialising in family law.
Between 1991 and 2001 she was regularly involved in cases in the Court of Session and Sheriff Courts in all aspects of family matters. In 1998 she was accredited by the Law Society of Scotland as a CALM mediator and in 1999 as a family law specialist. She tutored in family law at Edinburgh University for two years until 2001.
From 2001 Alison worked in the Cayman Islands where she was admitted to the Cayman Islands Bar. She established a family law practice there and appeared frequently in the Grand Court.
On her return to Scotland in 2003 Alison continued to work as a family law specialist, principally practising in the sheriff courts. In the same year she was elected onto the Family Law Association Committee and was Treasurer from 2005 to 2007. She was also a Peer Reviewer for the Law Society of Scotland between 2004 and 2009. Alison was appointed Company Director of Birthlink in November 2013.
Alison received a Faculty Scholarship for the year 2007/08.
Since coming to the Bar, Alison has continued to practice in a wide range of family related issues, conducting proofs and appeals in both the Sheriff Courts and Court of Session.
Alison M Wild has been co-editor of the Family Law Reports since 2011 and since 2012 she has also edited sections of Butterworths Family Law Service.
In 2018 Alison was appointed to the Board of Governors of Bellhaven Hill Preparatory School and to the Board of the Borders Children's Charity of which Alison was also the treasurer.
Alison was appointed secretary of Hobkirk Community Council.
In April 2019 Alison was nominated as a community councillor.
Job Titles:
- Contributing Editor of the Butterworth 's Scottish Family Law Service
Amy is a contributing editor of the Butterworth's Scottish Family Law Service, a LawScot Foundation Mentor and she is on the Faculty of Advocates' Scholarship Committee.
Amy is a tutor on the Civil Procedure Course of the Diploma in Legal Practice at Edinburgh University, and also a committee member of the Advocates Family Law Association. She is the Secretary of the Junior Bar Association and also on the Board of Family Journeys.
Job Titles:
- Solicitor
- Employment Solicitor
Anne comes to the Bar after many years in private practice as a Solicitor, including 8 years as a Litigation Partner in litigation firm, Levy & McRae Solicitors, Glasgow.
As a solicitor Anne had a broad ranging practice, which covered a wide range of civil and commercial work. Her main areas of practice however were Employment Law, commercial contract disputes and reparation actions, including professional negligence and personal injury.
As an Employment solicitor, Anne advised employer and employee clients on the whole array of employment law issues. Anne has a special interest in discrimination issues.
Anne has represented clients in most sheriff courts in Scotland and has been the instructing solicitor in many Court of Session litigations. She has appeared in Employment Tribunals in Scotland and England and before the EAT.
Since 2010, Anne has been a Senior Tutor at the University of Glasgow in civil litigation.
Job Titles:
- Member of the Advocates Family Law Association
Antonia called to the Bar in 2020, following a bar traineeship, and has been involved in a wide variety of litigious work, including financial provision on divorce; child contact disputes; child relocation; permanence orders; child abduction; personal injury actions; medical negligence; employment disputes; professional liability and disciplinary proceedings.
As a devil Antonia was extremely fortunate to work closely with some of Scotland's leading family practitioners, Lynda Brabender QC and Rachel Shewan. This involved exposure to highly contentious matrimonial work involving high value financial disputes, jurisdictional issues and questions of residence and contact.
She trained with Levy & McRae and Clyde & Co in 2018/19. During her traineeship Antonia conducted a number of Simple Procedure proofs in the sheriff court.
Prior to starting her traineeship Antonia completed her legal education at the University of Strathclyde. Throughout her degree she volunteered with the Strathclyde University Law Clinic offering free legal advice and representation to clients. Antonia conducted a 4-day employment tribunal in her second year of university gaining praise from the employment judge for her handling of the case.
During her diploma year Antonia worked with the Dean of Faculty and the University to create and develop mini devilling, a scheme which offers students a shortened period of devilling during their education. Her aim was to promote the Bar to young lawyers.
Antonia is a member of the Advocates Family Law Association. She is on the committee of the Scottish Young Lawyers Association. She has put every effort into promoting education to young lawyers and arranged a number of educational events during her devilling including arranging events on advocacy and defamation. She was also instrumental in the widely publicised "criminal trial of Santa Claus", raising a substantial sum for Edinburgh's Children's Hospital charity.
Bryan J Heaney became an Advocate in 1999. He provides clear, comprehensible and practical advice in a broad range of subject areas.
Bryan is the Chairman of Trustbar, the Faculty of Advocates' Trusts and Executries Group. He advises and appears in trust, executry and property cases. He has pursued and defended actions to have wills and dispositions set aside. He has advised on issues of executry practice and drafted numerous applications to the sheriff. He has dealt with the removal of trustees and executors and Inner House trust variation proceedings under the Trusts (Scotland) Act 1961. He appears for Revenue Scotland in the tax tribunal.
These areas of expertise dovetail with his special interest in civil and criminal proceedings under the Proceeds of Crime Act 2002. He has appeared in some of the most important and high profile civil recovery cases in the Court of Session.
Since 2005 Bryan J Heaney has been on the panel of Standing Junior Counsel to the Scottish Ministers and has appeared on their behalf in various courts and tribunals including the Lands Tribunal and Land Court. He has dealt with everything from land valuation to agricultural subsidies. As a standing junior he keeps abreast of public law and human rights issues and enjoys judicial review work. He is the author of the updated judicial review chapter in Macfadyen's Court of Session Practice (Tottel). He accepts instructions for petitioners and respondents.
He also has a substantial reparation practice for pursuers and defenders. He is experienced in medical law cases having pursued and defended across the range from podiatry to brain surgery. He has been the junior in many high-value cases where settlements in excess of £1m have been obtained for pursuers.
Bryan J Heaney also has an interest in employment law. He has conducted long and complex tribunal cases, including discrimination cases, for both claimants and respondents.
From 2010 until 2017 Bryan was a Legal Assessor to the Disciplinary Sub-Committee of the General Teaching Council for Scotland. Bryan is a convenor of Scottish Social Services Council Fitness to Practise panels. He has an insight into professional disciplinary proceedings and he accepts instructions in professional discipline cases.
He is an instructor on the Faculty of Advocates Foundation Course and a law reporter for The Times Law Reports and Lloyd's Law Reports (Financial Crime). In 2017 he was appointed an advocate depute (ad hoc). He has prosecuted serious crime including firearms and attempted murder cases.
Job Titles:
- Deputy Advocates' Clerk
- Deputy Clerks
Christina has devoted her considerable skills and energy to Faculty Services since 1983, when she joined the accounts department to deal with all aspects of fees and accounts. She then spent ten years in the credit control department dealing mainly with the difficult but necessary matter of civil legal aid accounts.
Having had opportunities to assist some of the other stables in a clerking capacity in the 1990's, Christina found the job to which she is ideally suited, as Deputy Advocates' Clerk in the Westwater Stable where she has become an essential part of our clerking team. Christina is always at hand to listen, understand and action.
David studied at the University of Aberdeen gaining his LLB in 2005 and diploma in Legal Practice in 2006. He called to the bar in 2014.
David was a solicitor with a local authority, working in a general litigation role where he developed a specialism in social housing law. He retains a special interest in local government law and has particular expertise in housing law but since calling has enjoyed working in such diverse areas as commercial law, personal injury, property, incapacity, judicial review, social security, animal welfare and regulatory law.
David is equally at home acting for or against public bodies and is happy to accept legal aid instructions. He has represented public authorities, large and small companies and private individuals and he regularly speaks at conferences on a variety of topics. He has appeared at all levels in courts throughout Scotland and in the employment tribunal and has conducted several appeals in the Inner House as junior acting alone. He also regularly appears in the new Sheriff Appeal Court.
David's roles prior to training as a solicitor included working for the Scottish Government and as legal assistant for a large construction company. This latter position involved revising the range of contractual documentation in large construction projects as well as dealing with commercial leases and regulatory compliance. These positions provided valuable insight into the needs of both private and public sector clients.
Debbie joined the stable as Deputy Advocates' Clerk in January 2019 covering Jane's maternity leave. Debbie is a familiar face and voice to many having worked for Faculty Services Limited since 1991, previously within the Credit Control and Data Operations departments and for the last 3 years she has worked with various stables in a clerking capacity.
Debbie is efficient, approachable and reliable and a very welcome addition to the Westwater Clerking team.
A well regarded and highly experienced practitioner. Desmond regularly appears in the Court of Session and Sheriff Courts and is known for his easy manner as well as formidable court room skills. He has a wide-ranging practice but is best known for his expertise in financial provision on divorce, cases involving children and criminal cases involving proceeds of crime and fraud.
Desmond is regularly instructed in high value financial provision on divorce and cohabitation cases, often involving business and trust structures and overseas assets.
He has dealt with applications for emergency orders to protect assets and with cases involving financial misconduct.
He has experience of dealing with complex and sensitive issues such as non-accidental injury, parental alienation, mental health, addiction and sexual and domestic abuse.
Desmond has been instructed in criminal cases representing parents charged with attempted murder, he has done several shaken baby cases and has experience representing clients who lack capacity. He has experience in dealing with complex medical evidence and expert opinion and in cross-examining a wide range of experts.
Recently instructed in a number of cases under the Proceeds of Crime Act 2002, he combines this work with an extensive practice in contractual disputes. He is also known for his expertise in trademark and copyright law. He is a fluent French speaker.
Duncan called to the Bar as a Lord Hope Scholar and practices principally in the field of commercial law with a particular interest in contractual, construction and engineering, professional negligence and employment disputes. Before coming to the Bar he gained experience in litigation and commercial law working at well-known national and international firms.
Duncan has considerable experience at the sharp end of litigation having appeared in courts and tribunals regularly throughout his career. He has appeared in the Court of Session (including the Commercial Court), Sheriff Court and the Employment and Employment Appeal Tribunals. He also accepts instructions in adjudications, arbitrations and mediations.
Since calling, Duncan has built a varied commercial law practice. He has been instructed in complex and high-value disputes concerning professional negligence, contract and construction and engineering litigation. He has advised across a number of sectors including the health, hospitality, sports, professional services, energy and public sectors.
Duncan also appears predominantly for respondent/employer clients in the full range of employment disputes. Most recently, Duncan has appeared as counsel successfully resisting claims for unfair dismissal, disability and racial discrimination and unlawful deduction of wages. He has also resisted an appeal in the Employment Appeal Tribunal in a case involving issues of constructive dismissal and loss.
Job Titles:
- Member of the Junior Bar Association, a Committee
Prior to calling to the Scottish Bar in 2021, Emily was a barrister in England and Wales, called in 2009. She comes to the Scottish Bar with 11 years of experience in court advocacy, having specialised in family law for the last seven years.
Emily enjoyed a busy practice in England and Wales, instructed in all aspects of family law and child law. She has been instructed in actions for financial provision following the breakdown of relationships, representing high net worth clients with cases involving farms, trust structures and overseas assets. She has dealt with applications for emergency orders to protect assets and with cases involving financial misconduct. She has a wealth of experience in negotiating settlements in financial provision cases.
Emily is a committee member of the Junior Bar Association, a committee member of the Faculty's Law Reform Committee and the Treasurer of AFLA.
Gordon is currently in Crown Office.
Gordon Lindhorst called to the Scottish Bar in 1995 and has appeared in courts and tribunals in Scotland at all levels. He qualified as a Barrister in England in 2008 and is a door tenant of Dere Street Barristers. He was appointed an Advocate Depute ad hoc in 2009 and is a visiting lecturer in British Court Practice at the University of Bonn.
Gordon has appeared successfully for parties in property, public passenger transport licensing, commercial and employment law cases, as well as in judicial review actions against public bodies. Case subject matter has included the right to roam legislation, failure to pay bus passenger operator supplements, Traffic Commissioner hearings, company director misfeasance and the effective date of employment termination in unfair dismissal.
Greg Cunningham has a particular interest in employment and discrimination, pensions, financial services & trusts and construction law, including adjudication and arbitration. He is also interested in professional negligence arising in those areas. He holds an LL.M. in Construction Law from the Glasgow Graduate School of Law.
He acts for corporates, local authorities, trustees and individuals in contentious and non-contentious matters and has experience of professional disciplinary tribunals, Employment Tribunals (including the EAT) in England and Scotland and the Pensions Ombudsman as well as litigation in the Scottish Courts. Greg is also a mediator accredited with Manchester-based Phoenix Dispute Solutions (PDSL).
Greg called to the Bar in 2001 after a career in private practice.; latterly as a partner in a Firm. He has an excellent understanding of the practical issues faced by both solicitors and clients. He is user-friendly, commercially minded. In his family business, sourcing and selling wines, he puts to good effect his knowledge of licensing law to compliment his WSET 1 and WSET2 industry qualifications.
Greg's civil practice covers the fields of commercial, property, licensing/regulatory and personal injury. He has utilised his Diploma in Forensic Medicine to appear in many Fatal Accident Inquiries.
Cases in which Greg has appeared include:
MRK 1 Ltd v Sakur [2008] CSOH 176; 2009 GWD 2-26. Warrants for diligence on the dependence under the Debtors (Scotland) Act 1987, section 15k (attempt to secure protective property orders in respect of failure by purchasers to implement missives).
Clegg v Rogerson 2008 SLT 345. Inner House decision dealing with issues of duties of care owed by operators and users of railway level crossing (accident on railway crossing).
Stewart v Malik 2009 SC 265. Inner House decision on liability of an employer for the acting of an independent contractor carrying out inherently hazardous operations (contractors instructed to demolish wall in property).
Morris Amusements Ltd v Glasgow City Council 2009 SLT 697. Liability of local authority employer for work of independent contractor and whether the works were "inherently hazardous" (demolition of wall in a building).
Greig v Middleton 2009 GWD 22-365. Heritable action (servitudes, issues of prescription and possession).
Creelman v Argyll & Bute Council 2009 SLT (Sh Ct) 165. Application of Land Reform (Scotland) Act 2003, sections 6(1) and 7(5) (one of the first reported cases on "right to roam" legislation and a challenge to Notices in terms of the 2003 Act).
O'Carroll v Ryanair 2009 SCLR 125. Interpretation and application of the Montreal Convention on air travel (related to stress and inconvenience claim arising from delayed baggage).
Albert Bartlett & Sons (Airdrie) Ltd v Gilchrist & Lynn Ltd [2009] CSOH 125. Breach of Contract/Measure of Damages in construction contract (defective roof on commercial premises).
Kodak Processing Companies Ltd v Shoredale Ltd 2010 SC 113. Inner House decision on service of notice of irritancy by recorded delivery post - Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section 4(4) (irritancy notices served by Sheriff Officers whereas Act prescribed service by recorded delivery post).
Lorimer Homes Pittodrie Ltd v Greig 2011 G.W.D 33-697. Sheriff Court decision on authority of solicitors, as agents, to conclude missives when it was argued that the solicitors did not have any authority to do so.
United Central Bakeries Limited v Spooner Industries Limited and Forbo Siegling (UK) Limited (2013) CSOH 150. Junior Counsel for defender in complex case arising from a fire in a (naan bread) bakery. Legal issues included consideration/incorporation of Orgalime conditions, incorporation of contract terms, Sale of Goods Act 1979, Negligent design, negligent misrepresentation.
Ben-Arous v Mediouni [2015] CSOH 124. Concerned importance of candour when applying for pre-service diligence; Debtor (Scotland) Act 1987 s.15k.
Humphreys v Crabbe [2016] CSIH82. Acted for the pursuer and respondent. The Inner House refused the defender's appeal in a dispute relating to the rights and liabilities of proprietors for the cost of common repairs to a flatted villa.
Liquidators of Grampian Maclennan's Distribution Services Limited v Carnbroe Estates Limited [2017] CSOH8. Acted for defender in unsuccessful challenge by pursuer to a property purchase transaction as being a gratuitous alienation in terms of section 242(4) of the Insolvency Act 1986.
Woolley v Akram [2017] SC EDIN 7. Landmark decision on Data Protection Act 1998 and the quantification of damages for distress suffered for DPA breached.
MP Burk Transport Ltd v Charles Scott & Partners LLP [2017] CSOH67; 2017 G.W.D. 14-214. Acted for successful pursuer in a preliminary proof to determine the scope of an engineer's instructions in respect of a structural survey of premises.
Joint Liquidators of Grampian Maclennans Distribution Services Limited v Carnbroe Estate Limited [2018] CSIH7. Lord Davidson of Glen Clova QC and Greg represented the defenders and respondents in this Reclaiming motion (Greg having appeared as Junior alone at the Proof). In allowing the Reclaiming motion the court has provided further guidance and commentary on section 242 of the Insolvency Act 1986, what constitutes "adequate consideration" and the competing claims of "solvency" and "liquidity" when a company is in difficulties.
Barr v Cassels [2018] CSOH 79. Defended pursuer's action seeking (i) reduction of a disposition of land on the ground of breach of fiduciary duty on the part of the defender, (ii) interdict preventing the defender from selling the land, and (iii) payment of £187,500 in lieu of reduction.
Khan v Saddique [2018] CSOH 41. Acted for pursuer in action of reduction of a forged Disposition.
McWillams v Russell [2018] SAC (Civ) 9. Acted for pursuer and respondent in defender's appeal against the imposition of perpetual interdicts and non-harassment orders prohibiting him from continuing to harass and abuse the headteacher of a primary school.
James Michael Shanley v Clydesdale Bank PLC [2019] CSOH 75 .Acted for Pursuer in relation to his claim in respect of losses allegedly sustained in respect of a bridging loan and the Banks's breach of MCOB banking code. First case in Scotland concerning MCOB code.
Isabella Jeffrey v Lorna Brown & Ors (DNF-A5-20). Successfully resisted attempt to reduce a Will where elderly man had made Will in favour of cohabitant. Case covered evidential value of medical records and good practice by a Solicitor who specialised in dealing with adults with incapacity.
Toal v Keeper of the Registers of Scotland [2022] 5 WLUK 605. Acted for heritable proprietor in Appeal under Land Registration etc. (Scotland) Act 2012 s.103; appeal against decision of the Keeper purportedly rectifying an inaccuracy in the Register.
Greg, as a contributing editor of the Reparation Bulletin, has written the following:
Job Titles:
- Member of the Equalities Panel of Advocates
Before going to the Bar, Ian qualified as a community worker and worked for a number of years in the Community Education Service mainly with young people, unemployed teenagers and various community groups as well as the Adult Literacy Scheme. After graduating in law he did a general traineeship in private practice, and then joined the Procurator Fiscal Service where he remained for a number of years. Since calling at the Bar in 1992, he has specialised in family, child, employment and criminal law. His first six years were spent appearing mainly in criminal cases in both the Sheriff and High Courts. The focus of his work over the last seven years has been child and employment law in respect of conducting Children's Referral proofs, adoptions and Employment Tribunals. He has over the years also appeared in a number of Fatal Accident Inquiries.
Ian is a member of the Equalities Panel of Advocates in recognition of his experience of conducting discrimination type cases. He has been involved in several important cases including:
Jane has been our Deputy Advocates' Clerk since January 2011, which already seems a long time ago. She very quickly became a key ingredient of the Westwater Advocates clerking team, bringing with her that rare combination of cheerful service and no-nonsense efficiency.
Jane has an honours degree in English Literature and Classics and previously worked as an administrator in accountancy and surveying firms.
John called to the bar in 2022. Prior to that, he was a solicitor practising in child and family law.
He has experience in children's referrals, permanence, adoption, section 11 proceedings, financial provision on divorce, cohabitation claims and surrogacy.
He has a particular interest in cross border issues including the relocation of children and child abduction proceedings under the Hague Convention.
He was regularly instructed in cases involving complex issues of facts such as sexual abuse, ‘shaken baby syndrome' and other allegations of non-accidental injuries of children. He has experience of taking evidence from vulnerable witnesses including children and victims of domestic abuse.
As a solicitor, John instructed cases involving the nobile officium and judicial reviews concerning child related issues including one which reached the Supreme Court of the United Kingdom. John also has experience of public inquiries involving rights and duties relating to children, young people and statutory bodies.
John is a tutor in Family Law (Ordinary) at the University of Edinburgh and has taught on the Child Law (Honours) course. He is a co-editor to Butterworth's Scottish Family Law Service and regularly contributes to the W. Green Family Law Bulletin. He previously volunteered with the Scottish Child Law Centre advising children, parents and local authorities.
Job Titles:
- Member of the Faculty of Advocates
Julianna F Cartwright became a member of the Faculty of Advocates in 2011. For 12 years prior to calling to the Bar Julianna was a solicitor engaged mainly in private practice, latterly specialising in family and child law. Since becoming a member of the Faculty of Advocates Julianna has been consistently instructed, including by several local authorities in applications for Permanence Orders. Julianna is ranked in the Legal 500 in respect of family and childcare law.
Ken McGuire is dual-qualified in Scots and English law. Prior to being called to the Bar in Scotland, Ken was a lecturer in the Department of Law at the London School of Economics and he also spent two years working at Maclay Murray & Spens LLP in Glasgow. Ken is a tenant at 42 Bedford Row Chambers, London.
Maggie Hughes has a broad based civil practice. She has experience in the following areas: administrative and public law, family law and personal injury law.
Mardi joined Westwater Advocates as Assistant Deputy Advocates' Clerk in January 2022 and was promoted to Deputy Advocates' Clerk in April 2023. Mardi has a Dual Qualifying Bachelor of Laws Honours Degree from the University of Strathclyde. She embraced her role with a welcome rush of enthusiasm and energy and has already established herself as an invaluable member of our clerking team.
Mark attended Glasgow University, where he obtained his Bachelor of Laws (LLB), Diploma in Legal Practice, and a Masters in Criminology and Criminal Justice.
Prior to calling to the Bar in 2021, Mark was in private practice as a Solicitor for over 13 years, latterly as a Partner and Head of Department in a large litigation firm in Glasgow. As a Solicitor, Mark gained considerable experience in civil litigation, specialising in Family Law (with particular interest in Child Law) and Employment Law.
Mark has extensive experience in relation to children's referral and private child law (residence, contact, adoption and permanence) proceedings, having conducted well over 100 contentious proofs. He has experience of dealing with complex and sensitive issues such as sexual abuse, non-accidental injury and parental alienation. He also regularly deals with other Family Law matters including divorce, financial provision, child relocation and Hague Covention (child abduction) cases.
Mark was appointed by the Scottish Ministers in 2019 to the Panel of Safeguarders, meaning he is routinely appointed by Sheriffs and Children's Hearings to represent and safeguard the interests of vulnerable children in court proceedings. Since 2018, Mark has been a member of the Law Society of Scotland's Child and Family Law Committee and has interest in the development of policy in those areas.
In his Employment Law practice, Mark routinely appears before the Employment Tribunal and has experience of representing both Claimants and Respondents. He has conducted numerous appeals before the Employment Appeal Tribunal, and also has experience of appeals in the Inner House and Supreme Court. Mark has particular interest in issues concerning discrimination, victimisation, and other issues under the Equality Act 2010.
Mark has a keen interest in the application of Human Rights legislation to domestic law.
Job Titles:
- Legal Member to the First Tier Tribunal Housing
Melanie Barbour called to the Bar in 2020 following upon a long established career as a solicitor in private practice and local government. She has also worked as a Children's Reporter.
During her career, Melanie has undertaken a broad range of civil litigation with particular interest in the areas of family law; child law (including permanency orders, adoptions, child protection and residence issues); education; adults with incapacity; mental health; and housing.
She has long standing experience in providing legal advice and representation in relation to regulatory matters, including licensing law and town and country planning. For a number of years Melanie provided regulatory and legal advice to a number of local government committees, including the Planning Committee, Local Review Body, Education Appeals Committee and Employment Appeals Panel.
Melanie also sat as the Legal Advisor to East Ayrshire's Adoption and Fostering Panel for a number of years.
Melanie has regularly appeared in the sheriff court and various tribunals (including the DPEA and the Employment Tribunal).
She has prepared and presented training to a number of local government departments and the Heads of Planning Scotland, on matters including adoption and permanency, housing and calling performance bonds.
Melanie was appointed as a Legal Member to the First Tier Tribunal Housing and Property Chamber in 2017.
She is currently a contributing editor to Butterworth's Scottish Family Law Service.
Michael called to the Bar in June 2022 following a 10-year career as a solicitor specialising predominantly in employment law, discrimination and professional/healthcare discipline. His practice also included judicial review, Fatal Accident Inquiries, commercial contracts, interdict, and defamation.
Michael's specialism in employment law has made him a regular at both the Employment Tribunal and the Employment Appeal Tribunal. He has been instructed on cases across the entire spectrum of Employment and Equalities Law, on areas such as unfair dismissal, automatic unfair dismissal, TUPE, whistle blowing and Health & Safety/Trade Union detriment. Michael also has extensive experience in dealing with the Equality Act 2010 and has acted on behalf of both claimants and respondents on all areas of discrimination law, including Equal Pay, direct discrimination, indirect discrimination, pregnancy and maternity discrimination, and harassment.
As a solicitor, Michael headed up a team designed to provide specialist legal services to Scotland's two largest Trade Unions. He has advised widely on industrial relations matters and has in-depth knowledge of the Trade Union and Labour Relations (Consolidation) Act 1992. Michael also has an academic interest in employment law, with his main area of research being employment status and the contract of employment.
Michael has a strong reputation as a defence advocate in professional and healthcare discipline. He has represented dozens of professionals at Fitness to Practice and Disciplinary proceedings across a range of regulators, including the Nursing and Midwifery Council, the General Dental Council, and the Health and Care Professions Council.
Michael has an interest in public and human rights law.
Neil MacDougall called to the Bar in 2011. He is a graduate of the University of Glasgow. Prior to calling he worked as a solicitor for four years practicing in the commercial sphere.
Neil's time as a solicitor helped him to develop a keen eye for detail and a strong sense of commercial awareness. This enables him to provide not only technical but practical advice. Whilst his background makes him particularly well placed to advise on commercial matters he is keen to establish a broad ranging civil practice. His main areas of practice are: commercial law; property and agricultural law; and employment law.
Neil regularly conducts commercial law actions at all levels ranging from the Sheriff Court to the Court of Session Commercial Court. His approach to commercial actions is a pragmatic one. In advising on commercial matters he attempts to highlight not only the strengths and weaknesses of a case but also the commercial risks involved. That comprehensive approach allows the client to make a commercially sensible decision; be that settling an action or appealing a decision that has gone against them. He is a member of the stable's commercial dispute resolution group.
Neil has developed a keen understanding of property and agricultural law since calling. He had a working knowledge of commercial property from his time as a solicitor but that has expanded to encompass rural and agricultural aspects. His experience of property and agricultural law is spread over the Sheriff Court, the Scottish Land Court, the Lands Tribunal for Scotland and, only recently, the European Court of Justice. He is a member of the stable's property and environmental law group.
Neil is also regularly instructed in employment law. He has acted for both employer and employee at all stages of an employment law action including the Employment Tribunal at first instance to appealing to the Employment Appeal Tribunal.
Job Titles:
- Secretary to the Advocates' Family Law Association
Rachel Shewan called to the Bar in 2014 following upon 18 years in private practice as a family law solicitor. She practises in the area of family and child law. She is instructed in the Court of Session and Sheriff Court in actions relating to financial provision on divorce, cohabitation, residence and contact, international child abduction, relocation, adoption and permanence orders. Rachel is regularly appointed by the court as a curator ad litem and reporting officer and as a child welfare reporter. She has been rated in the Chambers Guide to the Bar since shortly after calling.
Rachel is secretary to the Advocates' Family Law Association and is a member of the Faculty Family Law Reform Group.
Clerk: 0131 260 5700
Email: Rachel Shewan
Job Titles:
- Member of the Advocates Family Law Association
Since calling to the Bar Scott has quickly developed a busy and successful practice specialising within the field of Family and Child Law. He regularly appears in the Court of Session (Outer and Inner House) and in the Sheriff Court.
Scott has been instructed in cases dealing with all aspects of financial provision on divorce and the financial issues arising in respect of cohabitation claims, including reduction of divorce decrees and the setting aside of Minutes of Agreement.
Scott has a particular interest in cases with an international and cross border element, particularly international child relocation, child abduction, the enforcement of foreign orders including intra-UK orders and disputes over jurisdiction.
Scott has also appeared in numerous Child Law cases, including those containing public law elements. He has appeared in many permanence applications acting for both local authorities and birth parents. Scott also regularly advises and represents clients in relation to direct petitions for adoption. Holding a Diploma in Forensic Medical Science, Scott has particular interest in cases concerning medical evidence and psychological evidence relating to the interviewing and testimony of children. Scott has conducted many Grounds of Referral proofs involving allegations of abuse and non-accidental injury of children.
Scott also has experience in advising clients in relation to matters arising under the Human Fertilising and Embryology Act including contentious issues arising from surrogacy and assisted reproduction.
Scott's other main area of practice is Professional Regulation and Discipline. He has been instructed on behalf of clients in relation to proceedings before professional disciplinary tribunals and the Inner House of the Court of Session in relation to registration issues, misconduct and professional competence.
Scott is a Committee Member of the Advocates Family Law Association. He is also a Director and Trustee of Family Mediation Lothian where he sits on the board. Having successfully completed the training and assessment Scott is a member of the Family Law Arbitration Group Scotland (FLAGs). As such he is able to accept instruction to act as arbitrator in relation to family or child law disputes. He has also been admitted as a member of the Faculty of Advocates Dispute Resolution Service (FDRS) in relation to family law arbitration.
Scott is regularly invited to speak at seminars and conferences where he has delivered CPD lectures. Recent topics include contempt of court in family cases, sequestration and financial provision, the Children and Young Person (Scotland) Act 2014 as well as providing updates in the fields of financial provision on divorce, cohabitation and child law generally. He also writes a regular Case Law Update for the Family Law Association Bulletin.
Sheila, whose name the stable bears, has been the clerk of her own stable since 1991. She has in that time built up a collection of counsel who highly value her efficiency, reliability and unstinting dedication to providing our users with the best possible service.
She has led her team with energy and humour, synchronising the individual talents and qualities of each to produce a team that meets the needs of clients, instructing solicitors, direct access bodies and counsel alike. When the opportunity of devolution arose, the Westwater Stable decided to devolve as a whole, primarily to help ensure the continuity of that service.
Although she is the leader of the team, she is accessible to be approached directly in relation to any matter that may arise in the course of instructing any of our counsel.
Terence Merck called to the Bar as both Faculty Scholar and Lord Hope Scholar. He had graduated from Yale University and the University of Edinburgh with Distinction, and practised with a leading litigation firm.