Morag has experience in a range of public law work and is instructed by both petitioners and respondents. She regularly represents and provides advice to local authorities, and other public authorities, in judicial review and statutory appeal proceedings. This work has covered, among other things, local authorities' duties towards asylum seekers, changes to rights of way under the Land Reform (Scotland) Act, competition and procurement issues in public authorities' contracts, and free personal care for the elderly. Morag has represented the Scottish Information Commissioner in a number of recent cases.
In addition to her public law practice, Morag has experience of the Commercial Court and is regularly instructed on behalf of major commercial interests in contractual and other disputes. She is often instructed in matters requiring very urgent attention, such as interim interdict proceedings.
She has provided advice on various aspects of property law, including mining operations, boundary disputes and the Land Reform (Scotland) Act 2003. She has experience of competition and procurement law and has acted in several recent actions for pursuers seeking remedies against public authorities in terms of the Public Contracts (Scotland) Regulations 2006. She acted for the successful pursuers in the only Scottish case in which an order was made reducing a concluded contract.
Selected Cases
- John Brown v Rysaffe Trustee Company (CI) Ltd [2011] CSOH 26
- G Hamilton (Tullochgribban) Ltd, Petitioners [2011] CSIH 1
- Sidey Limited v Clackmannanshire Council 2010 SLT 481 and 2010 SLT 607
- Common Services Agency v The Scottish Information Commissioner 2008 SC (HL) 184
- Infant and Dietetic Foods Association Ltd and Others v The Scottish Ministers [2008] CSOH 87