Education & Professional Qualifications
Dip LP, University of Edinburgh (1996-97)
LLB, , University of Edinburgh (1994-96)
BA (Hons) (Philosophy, Politics and Economics) University of Oxford (1990-93)
Notary Public
Professional Career to date
Devil Masters: David Johnston QC, Robert Milligan QC, Jamie Gilchrist QC.
2008: Appointed Standing Junior to the Scottish Government
2003: Year of call
2002-2003: Lord Reid Scholarship
1999-2002: Assistant Solicitor, Anderson Strathern. Litigation Assistant. At Anderson Strathern, Morag established and ran the firm's Parliamentary and Public Law Unit.
1997-1999: Trainee Solicitor, Anderson Strathern
1997-2000 and 2002-2003: Tutor in Public Law, University of Edinburgh (part time)
Professional Experience
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.
Morag has advised several local authorities on various matters, including:
- the constitution of a criminal justice partnership involving three local authorities
- funding for local authority care for the elderly under the Social Work (Scotland) Act 1968 and the assessment of assets
- commercial property development in relation to procurement and competition law
- a contractual dispute in relation to the installation of IT systems, also involving intellectual property rights (Commercial Court)
- breaches of enforcement orders under the Enterprise Act 2000
- harbour access rights in relation to the laying of waste pipes
- rights of way and the Land Reform (Scotland) Act 2003
- rights and duties in relation to asylum seekers in detention
- rectification of conveyancing irregularities in relation to transactions for housing developments
- jurisdiction matters in relation to the Additional Needs Support Tribunal
- obligations in relation to free personal care and the Community Care and Health (Scotland) Act 2002 (three separate local authorities)
- human rights issues in relation to the appointment of a welfare guardian under the Adults with Incapacity (Scotland) Act 2000
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.
Morag has acted in several cases under the Proceeds of Crime Act 2002. In particular, she was instructed for two companies with interests in recovered assets and advised on complex points, including interest and the application of Article 1, Protocol 1 to third parties' rights. She has also acted for the interim administrator.
Morag has acted in several wills and trusts matters. She has been instructed as a reporter to the court in relation to certain cy près schemes concerning public trusts administered by a local authority.
She was instructed in an action for damages for breach of privacy under Articles 8 and 10 of the European Convention on Human Rights in relation to the publication of private and confidential details in a newspaper.
She acted for the pursuer in a nullity of marriage case involving international private law, complex domicile questions and the application of international conventions:
Kaur v Singh [2005] CSOH 96.
Courts & Tribunal Experience
House of Lords; Court of Session (Inner and Outer House); High Court of Justiciary;
Sheriff Court; Lands Tribunal for Scotland.
Appointments & Memberships
2008: Appointed Standing Junior to the Scottish Government.
Cases
John Brown v Rysaffe Trustee Company (CI) Ltd [2011] CSOH 26:
Construction of contract: designation of defenders as trustees.
G Hamilton (Tullochgribban) Ltd, Petitioners [2011] CSIH 1:
Judicial Review: review of old mineral permissions.
Sidey Limited v Clackmannanshire Council 2010 SLT 481 and 2010 SLT 607:
Public procurement proceedings. Challenge brought against local authority in respect of a contract awarded in error and in breach of standstill provisions. Subsequent Inner House proceedings concerning correct procedure for cases involving sub-threshold contracts.
Common Services Agency v The Scottish Information Commissioner 2008 SC (HL) 184:
Appeal to the House of Lords. Hearing 1st and 2nd April 2008. Appeal concerning childhood leukemia statistics and the status of "barnardised" data - whether "held" by the appellants and whether "personal data" in terms of the Data Protection Act 1998. Instructed for respondent.
Infant and Dietetic Foods Association Ltd and Others v The Scottish Ministers [2008] CSOH 87:
Judicial review - decision by the Scottish Ministers to make and lay before the Scottish Parliament the Infant Formula and Follow-on Formula (Scotland) Regulations 2007 - implementation of EC Directive 2006/141/EC. Instructed for petitioners.
The Scottish Ministers v The Scottish Information Commissioner 2007 SLT 274:
Interpretation of the Freedom of Information (Scotland) Act 2002 - appeal to the Inner House by the Scottish Ministers in relation to, inter alia, the status of advice to ministers. Instructed for respondent.
James Bell v The Scottish Information Commissioner (2007, unreported):
Appeal to the Inner House. Instructed for respondent against party litigant (July 2007). No reported decision.
W.D V Glasgow City Council [2007] CSIH 72:
Appeal under Education (Additional Support for Learning) (Scotland) Act 2004. Placing request made to education authority for area in which child with additional support needs was not resident - jurisdiction of Additional Support Needs Tribunal for Scotland. Instructed for respondent.
Argyll and Bute Council v The Scottish Public Services Ombudsman [2007] CSOH 168:
Judicial review - local authority seeking review of decision of SPSO in relation to her finding - free personal care for the elderly. Instructed for petitioners.
Mr A v The Scottish Ministers [2007] CSOH 189:
Judicial review - human rights - application of the Sex Offenders Act 2002 to a young person - application of Articles 8 and 14 ECHR. Instructed for petitioner.
Gallagher v The Parole Board for Scotland [2005] CSOH 126:
Judicial review - decision of Parole Board based on 'secret' information. Instructed for petitioner.
Zaery v Advocate General [2005] CSOH 10:
Judicial review - decision by the Immigration Appeal Tribunal to refuse leave to appeal - reasons based challenge - decree of reduction granted. Instructed for petitioner.
Gafar v Advocate General [2005] CSOH 83:
Judicial review - decision by the Immigration Appeal Tribunal to refuse leave to appeal. Instructed for respondent.
Beck v Chief Constable Strathclyde Police (22 December 2004):
Inner House - appeal from Sheriff Principal - appellant seeking damages following police detention. Instructed for respondent.
Shauri v Aberdeen City Council:
Judicial review - claim for back payments of asylum support - petition dismissed. Instructed for respondent.
Directories
Recommended in Chambers UK in commercial dispute resolution.