Professional Experience

Anna practices principally in public law, but has proved a flexible advocate, working across various fields of commercial, civil and criminal law.  She has acted for clients including local authorities, NHS Trusts, the Lord Advocate, the Scottish Ministers, the Scottish Information Commissioner, the Scottish Legal Complaints Commission, the Keeper of the Registers, the Scottish Police Authority, as well as individuals and businesses. Anna’s practice is a mixture of advisory work and court appearances.  Her particular areas of interest are judicial review, human rights and EU law.  While the cases below demonstrate Anna’s extensive court practice, she also has expertise in alternative forms of dispute resolution. She has trained as a mediator, in arbitration, and sits part time as a social entitlement tribunal judge.

  • Case History

    PQ v Glasgow City Council [2018] CSIH 5  (judicial review/social services provision by local authorities); earlier stages at [2016] CSOH 137

    Glasgow City Council v Scottish Legal Aid Board [2017] CSOH 155 (judicial review/right to be heard for objector to legal aid/human rights)

    Kinloch v Coral Racing [2017] CSOH 43 (commercial proof/betting contract/whether Rangers was relegated)

    RAR v A University [2017] CSIH 11 (judicial review/human rights/suspension of student by university); earlier stages at [2015] CSOH P833/11 and [2013] CSOH 201

    Mauger v Chief Constable of Police Scotland and Scottish Police Authority [2016] CSIH 44 (judicial review/fair hearing relating to vetting of police officer)

    DM v Fife Council [2016] CSIH 17 (disability discrimination/intervention for EHRC/local authority obligations relating to school education)

    Milton Keynes Council v Scottish Ministers [2015] CSOH 156 (judicial review/local authorities/ordinary residence)

    Carroll v Scottish Borders Council [2015] CSIH 73; [2014] CSOH 6 (planning appeal/EU/local review bodies)

    McCue, Petr [2014] CSOH 124 (judicial review/alternative remedies/local authority social services)

    Carroll v Scottish Borders Council [2014] CSIH 30 (protective expenses orders in environmental cases/EU)

    G v Scottish Ministers [2013] UKSC 79 (public law/mental health/excessive security appeals)

    The Scotch Whisky Association v Lord Advocate [2013] CSOH 70; [2014] CSIH 64 (public interest intervention in judicial review/public law/EU about minimum alcohol pricing)

    NJ and EH v Lord Advocate [2013] CSOH 27 (judicial review/human rights/child protection orders)

    Richard Saville Smith v Scottish Legal Complaints Commission [2012] CSIH 99 (public law/appeal against determination of complaint against solicitor)

    Pairc Crofters Ltd v Scottish Ministers [2012] CSIH 96 (devolution issue/human rights/legislative competence/crofting community right to buy)

    Imperial Tobacco v Lord Advocate [2012] UKSC 61 (judicial review/legislative competence/tobacco control legislation for vending machines and displays)

    Sinclair Collis v Lord Advocate [2012] CSIH 80 (judicial review/EU/human rights/legislative competence/tobacco control legislation)

    Scotch Whisky Association v Lord Advocate [2012] CSOH 156 (judicial review/public interest interventions/protective expenses orders)

    Scottish Ministers v Mental Health Tribunal for Scotland [2012] CSIH 19 (public law/mental health/restricted patients)

    Scottish Ministers v Mental Health Tribunal for Scotland [2011] CSIH 76 (public law/mental health/restricted patients/interim orders)

    Levenseat v South Lanarkshire Council [2011] CSOH (procurement/EU/interim orders)

    Cunningham v East Lothian Council [2011] CSOH 113 (public law/JR and residential care home charges)

    Eba v Advocate General for Scotland [2011] UKSC 29 (judicial review/tribunals)

    LAM v A Scottish Local Authority [2011] CSOH 113 (human rights/recovery of documents from public authorities)

    Hull v Campbell [2011] CSOH 24 (commercial law/human rights)

    Lyons v SCRA 2010 ShCt (Glasgow, Sheriff Ross) (devolution issue/human rights/effective participation in proceedings relating to child)

    Harazin v Lord Advocate 2010 HCJAC 65 (extradition/EU)

    McGinty v Scottish Ministers [2010] CSOH 5 (judicial review/planning/EU/protective expenses orders)

    DW v Scottish Ministers [2009] CSOH 151 (judicial review/human rights/legal aid for defamation cases)

    Scottish Ministers v Mental Health Tribunal (JK) 2009 SLT 273 (public law/mental health)

    Scottish Ministers v Mental Health Tribunal (MM)  2010 S.C. 56 (public law/mental health/restricted patients)

    Scottish Ministers v Doig and Cameron [2009] CSIH 34 (civil recovery/human rights)

    SK v Paterson [2009] CSIH 76 (devolution issue/children’s hearings/human rights)

    Lerwick Port Authority v Scottish Ministers 2008 SLT 74 (planning)

    Aberdeenshire Council v Scottish Ministers [2008] CSIH 28 (planning)

    Fargie v Scottish Ministers [2008] CSOH 117 (judicial review/human rights/compensation scheme)

    Campbell Petitioner 2008 SLT 231 (judicial review/human rights/parole board)

    Barkmann v Innova 2008 (EU/jurisdiction)

    Stephen v Scottish Ministers SLC/32/07 (agricultural subsidies/EU)

    Holmehill v Scottish Ministers 2006 SLT (Sh Ct) 79 (community right to buy)

    Baker v Scottish Ministers [2006] CSOH 31 (judicial review/prisons)

    Gray v Scottish Ministers 2006 2 SCLR 190 (agricultural subsidies/EU)

    F & R v UK ECtHR Application 35748/05 (European Court of Human Rights/transsexual rights)

    Anniston Farms v Scottish Ministers SLC/29/05 (agricultural subsidies/EU)

    ABNA v Scottish Ministers 2004 SLT 176 (EU/validity of Scottish legislation)

    King v Fife Council [2004] Rep LR 33 (reparation)

    C, Petr [2002] Fam LR 42 (human rights/mother's rights)

    Cross v HIE 2001 SLT 1060 (stress at work/EU)

    GJ Van der Bent BV v Young & MacMillan Plc 2000 SLT (Sh Ct) 74 (commercial/contract)

    Graham v Ubiquitous Chip [1999] Rep LR (Quantum) 75 (civil jury trial)

  • Courts & Tribunals

    European Court of Human Rights; Supreme Court; Court of Session (Inner and Outer House); Criminal Appeal Court; High Court of Justiciary; Sheriff Court; Scottish Land Court; Tribunals (Lands, Mental Health, Employment, CICA, CSA, Social Entitlement).

  • Appointments & Memberships

    2017: Arbitrator for Motor Insurers' Bureau cases
    2017: Faculty Dispute Resolution Service as Arbitrator, Adjudicator and for Expert Determination
    2017: MCIArb
    2015-2016: Chair of the World Bar Conference 2016 organising committee
    2014 (to date): Part time fee-paid Judge of the First-tier Tribunal (Social Entitlement Chamber)
    2014 (to date): Chancellor of the Diocese of Argyll and the Isles
    2013 (to date): Equality and Human Rights Commission Panel of Counsel (reappointed 2015 to the A Panel)
    2013-2016: Ad Hoc Advocate Depute
    2012: QC
    2010-2012: First Standing Junior Counsel to the Scottish Government
    2009-2010: Second Standing Junior Counsel to the Scottish Government
    2009-2013: Member of the Steering Group of the Scottish Public Law Group
    2007-2013: Co-ordinator of Axiom Advocates Third Thursday Series
    2007 (to date): Clerk to the Clergy Disciplinary Tribunal
    2006: Accredited Mediator (Dublin)
    2006-2013: Curator of the Advocates Library
    2004 (to date): Member of Faculty of Advocates Disciplinary Rules: Investigating Committee
    2002-2012: Standing Junior Counsel to the Scottish Government
    1996 - 2004: Non-Executive Director, Suffolk Life Group Plc

  • Publications

    Court of Session Practice, ed. MacFadyen (contributor of 15 chapters). Articles in JR, Judicial Review, SLT, SLPQ, Int ILR and IJPICL, the Scotsman and JLSS, most recently:
    2016 Judicial Review Vol 21 Issue 3 (Human Rights in Great Britain;
    2016 Jur. Rev, 2, 151-166 (Human Rights and Children's hearings),
    2014 Judicial Review Vol 19 No 1 P52-59 and 2013 JLSS Vol 58 No 12 P14 (Top 10 Public Law trends of 2013 for Scots lawyers);
    2013 JLSS Vol 58 No 1 P24 (Reform of the civil justice system and ADR);
    2012 JR Part 3 p235 (Essential Knowledge for UK Lawyers about the EU Charter of Fundamental Rights (with Lesley Irvine),
    2012 Judicial Review Vol 17 Pt3 P 236 (Recent Public Law Cases and the Separation of Powers),
    2011 SLT (News) 127 (Legislative Competence Challenges),
    2009 SLT (News) 215 (EU Law Based Claims Against Public Authorities),
    2009 SLT (News) 23, Scotsman 8 December 2008,
    2008 JLSS Vol 53 No 12 58 (References to the European Court of Justice),
    2008 SLT (News) 51 (Remedies and Expenses in Judicial Review),
    2008 SLT (News) 155 (Mediation Case Law).
    Research assistant for 2nd edition of McBryde on Contract.

  • Directories

    Leading silk in Legal 500 in Civil liberties, human rights, public inquiries, and public and administrative law (including local government).

    Leader at the Bar in Chambers.

    Directory quotations:  "I can't recommend more highly her grasp of the law, excellent presentation and her great communication with clients." "She is very helpful, accurate, diligent and quick at responding to issues." "Intellectually, she is hard to beat. She can look across a wide range of public law and think laterally about issues. She is very, very astute about how arguments should play in court cases. Her advocacy is excellent as well." "She is very helpful, accurate and diligent in getting through things. She is also quick at responding to the issues." "She is very thorough and also very good at thinking of how to present to the court, not just legally but also tactically." "She is very well prepared, very clever and also very good at putting arguments across to the bench". "She is very good at putting her case across persuasively, and not the least bit daunted by the highest levels of court." "She's completely up-to-date and knows all the latest cases. She really has the ear of the court." "She gets the ear of the court". "She is extremely diligent and always well prepared for court...her public law practice is remarkably broad..." "Whilst having a keen eye for detail, is also able to see beyond the complications in order to provide clear and practical advice." "She is applauded for her diligence in finding every possible argument to win a case and grasp of EU law". "Produces opinions which are thorough, incisive and easy to follow". "She is switched on in relation to human rights issues...". "Experienced in public law, procurement and judicial review cases."

  • Additional Information

    Speaker at events for Central Legal Training, Legal Services Agency, Government Legal Service, Scottish Government Legal Directorate, Axiom Advocates Third Thursday series, Oxford University (All Souls and Somerville Colleges), Australian Bar Association, Scottish Public Law Group, Four Jurisdictions, Office of the Scottish Parliamentary Counsel, Faculty of Advocates and Law Society of Scotland; guest lecturer Glasgow University. Lawyer Monthly Women in Law 2016 Award in recognition of outstanding legal expertise and contribution within the practice area of Planning and Environmental Law.

Professional Career to date

Devil Masters: Lady Wise, Susan O'Brien QC, Paul McBride QC, Robert Howie QC and Gillian Gibson.
2012: QC
1998: Year of call
1997 - 2002: Tutor in Evidence, University of Edinburgh
1996 - 1997: Bar trainee and solicitor, Brodies, Edinburgh
1996: Research Assistant, University of Dundee
1995 - 1996: Secondment to Sedgwick Plc (now Marsh McLennan)
1994 - 1996: Trainee solicitor, Linklaters, London

Education & Professional Qualifications

BA (MA) Jurisprudence 1st class Hons, M.St, Oxford University (1991, 1993)
Law Society Final Examinations 1st class Hons, Guildford College of Law (1992)
Intra-UK Transfer Test, Law Society of Scotland (1997)
Faculty of Advocates: Examinations in Scots law (1997)
Aberdeen University: International Arbitration Law (2017)
Queens Counsel (2012)
Accredited Mediator (Dublin) (2006)
Advocate (July 1998)
Solicitor in Scotland (April 1997)
Solicitor in England and Wales (May 1996)