Professional Experience

Dan practices in public and commercial law. He acts for both respondents and petitioners in the field of public law. He is a standing junior to the Scottish Government and a preferred counsel to the Equality and Human Rights Commission.

He defends various public bodies and local authorities.

He also acts for petitioners and appellants.

He has been to the Supreme Court on five occasions in public law cases where Convention rights were the issue of general public importance. He has acted for the respondent as junior counsel to an application to the European Court of Human Rights in Strasbourg.

He is ranked band 1 for Immigration, band 2 for public law and band 3 for Civil Liberties and Human Rights in Chambers and Partners 2017.

  • Case History

    European Court of Human Rights

    Gough v United Kingdom (2015) 61 E.H.R.R. 8
    (Acted for successful respondent (written procedure) public nudity as a form of expression and private life, right to a fair trial, breach of the peace)

    Supreme Court

    AB v The Lord Advocate, Clan Child Law intervening 2017 SLT 401
    (Acted for intervener, held that s39(2)(a)(i) iof Sexual Offences Scotland Act 2009 is ncompatible with article 8; Human Rights, article 8, quality of law, in accordance with the law, compatibility of Scottish legislation, acted as junior for intervener)

    IA (Iran) v Secretary of State for the Home Department [2014] UKSC6 [2014] 1 WLR 384
    (UK Supreme Court; meaning and significance of UNHCR's refugee recognition process in domestic procedure; UNHCR intervening)

    N v Advocate General 2014 1 WLR 2064; [2014] UKSC 30
    (Acted for successful respondent. UK Supreme Court. Expert evidence. The lawfulness of the Government's use of anonymous "expert" reports provided by a Swedish language analysis company and the scope of guidance by a specialist tribunal)

    A v BBC (Secretary of State for the Home Department Intervening) [2014] 2 WLR 1243; [2014] UKSC 25
    (Acted for successful respondent. UK Supreme Court. art 10 ECHR rights of the press and Art 3 ECHR rights of the individual, reporting restrictions and correct standard of proof required to establish an art. 3 claim necessary to defeat art. 10 rights)

    Malik and Sadovska v The Advocate General for Scotland (judgment pending) (EU Law; spouses; sham marriages)

    Court of Session

    HMA v Younas [2018] CSOH 9; 2018 SLT 227

    Acted for successful Crown (appeal pending). Powers of an enforcement administrator; whether concluded missives constitutes an intrerest in property which a party is entited to retain or recover for the purposes of variation of an administrators statutory powers under the Proceeds of Crime Act 2002. 

    Wang v Scottish Ministers 2017 SLT 1256

    Acted for successful respondent. Whether the Court can entertain amendment before permission where the Court of Session Act precludes 'proceedings' anterior to the determination of permission. 

    HMA v Colin Coates [2017] HCJ 89

    High Court of Justiciary. Acted for successful Crown. Proceeds of crime; benefit from criminal conduct; extortion. 

    Beggs v Scottish Ministers 2016 SLT 789
    (Successfully resisted any remedy being given to petitioner. Prison law, correspondence, just satisfaction, remedy, declarator, courts discretion)

    Beggs for Judicial Review, 2016 CSOH 61
    (Acted for successful respondent. Prison discipline, common law prescribed procedures, fairness, article 6 ECHR)

    Penman for judicial review, 2015 SLT 597
    (Acted for successful respondent. Outer House, prison law, natural justice, discretionary remedies in judicial review, practical purpose)

    Quisongo, for judicial review, CSOH [2016] 135,
    (Acted for successful respondent. Housing policy and law, judicial review, delay and acquiescence)

    The John Muir Trust v Scottish Ministers, [2016] CSIH 61 (first division)
    (Acted for successful respondent. Windfarms, planning, Protective Expenses Orders, EU law, judicial review)

    Loch Hill Wind Farm for Appeal, [2015] CSIH 37
    (Acted for successful respondent. Wind farms, structure plan, visual impact, statutory appeal, planning)

    The John Muir Trust for a Protective Expenses Order [2014] CSOH 172A
    (Acted for successful respondent who resisted a PEO)

    Sadovska and Malik, Appeals, 2016 CSIH 51 (First Division)*
    (EU free movement rights, marriages of convenience, common law requirements of fairness - particularly in terms of interrupting wedding ceremonies and interviews)

    Scottish Ministers v Mental Health Tribunal and JMM [2012] CSIH 18
    (Acted for JMM where an appeal taken against the MHT was refused. Inner House. Mental health law and interpretation of the 2003 act)

    MC, petitioner [2016] CSOH 7
    (Acted for successful petitioner, judicial review, article 8)

    EMM and CNM petitioners, [2016] CSOH 51
    (acted for successful petitioners, judicial review, child refugees)

    Nadine Ahmed Ali [2015] CSOH 115A
    (Acted for successful petitioner, judicial review, human rights, evidence)

    Upreti [2015] CSIH 45
    (Inner House, best interests of the child)

    Graeme Donaldson v The Scottish Legal Aid Board [2014] CSIH 31; 2014 SC 689; 2014 SLT 459
    (acted for successful respondent, applications for legal aid to the ECtHR whether falling within the legal aid regulations and whether required to render vindication of rights effective)

    AY, petitioner [2014] CSOH 91
    (Judicial Review, second appeals test, human rights)

    HY [2014] CSOH 72
    (Judicial Review, human rights)

    QE, petitioner [2014] CSOH 53
    (Judicial review, human rights)

    AD, Petitioner [2013] CSOH 38
    (Acted for the successful petitioner- judicial review, credibility analysis flawed, human rights)

    ASM v Secretary of State [2013] CSIH 74
    (Inner House, sex offenders, human rights)

    AS for Judicial Review [2013] CSOH 82
    (Acted for successful petitioner, Judicial Review, the status of respondent's letters in judicial review outside of the legislative framework regulating a decision making process)

    Khan for Judicial Review of a decision of the Upper Tribunal [2013] CSOH 84
    (Outer House. Judicial Review of the Upper Tribunal and the meaning and scope of regulation 21 "proportionality" in the European Economic Area Regulations 2006)

    A.D. for Judicial Review [2013] CSOH 38
    (Outer House. human Rights/Immigration)

    British Broadcasting Corporation Apps, 2013 SLT 324
    (see Supreme Court above) Inner House. application by The BBC for variation or revocation of an order made under s.11 of the Contempt of Court Act 1981 in relation to the petition of A for Judicial Review, question of what standard of proof required to establish article 3 rights established in the face of the art 10 rights of the press, see appeal to Supreme Court)

    KP and MRK, appeal [2012] CSIH 70
    (Acted for successful appellant. Inner House. internal relocation in refugee law)

    KP and MRK in the application for leave to appeal [2012] CSIH 38
    (Acted for successful appellant. Inner House. The vires of rules of court introducing a second appeals test to statutory appeals)

    Petition of SJL for Judicial Review [2012] CSOH 93
    (Acted for successful petitioner, judicial review, meaning of false in an administrative application, whether requires applicant's knowledge or agents falsehood sufficient)

    AAQ for Judicial Review [2012] CSOH
    (Acted for successful petitioner, Judicial review/human rights)

    MSK, petitioner, [2012] CSOH 179
    (Refugee convention, interpretation)

    BMAS for Judicial Review [2011] CSOH 128
    (Acted for successful petitioner, judicial review/human rights, torture)

    AJ v A Decision of the Upper Tribunal [2011] CSIH 49; 2012 SLT 162
    (Acted for successful appellant, leave to appeal, appeal, the standard of proof for establishing allegations of forgery in a human rights context)

    LO for Judicial Review [2011] CSOH 106
    (Acted for the successful petitioner, judicial review, human rights/evidence of torture/Istanbul Protocol/standard of proof)

    KM for Judicial Review [2011] CSOH 48
    (Human Rights, fresh evidence)

    VH v Secretary of State for the Home Department for judicial review [2011] CSOH 152
    (Acted for successful petitioner, Human Rights, fresh evidence)

    MO for Judicial Review [2010] CSOH 170
    (Acted for successful petitioner, Human Rights/fresh medical evidence of torture/scarring)

    NM for Judicial Review [2010] CSOH 146
    (Human Rights/fresh evidence)

    Reported Tribunal Decisions

    SM Domicile of Choice, Scots Law [2008] UKAIT 00092, SA (s82 (2)(d))

    Interpretation and Effect [2007] UKAIT 00083

    KA & Others (Public Finds: housing) [2007] UKAIT 00081
    (led by senior counsel)

  • Courts & Tribunals

    ECtHR; Supreme Court; Inner House, Court of Session; Outer House, Court of Session, Sheriff Appeal Court;  Sheriff Court;The Upper Tribunal; The First-tier Tribunal; Mental Health Tribunal; Employment Tribunal.

  • Appointments & Memberships

    2017 - to date: Ad Hoc Advocate Depute: To Serious and Organised Crime Division (proceeds of crime).
    2013 - to date: Preferred Counsel, Equalities and Human Rights Commission
    2012 - to date: Standing junior Counsel to The Scottish Government

  • Directories

    He is ranked band 1 for Immigration, band 2 for public law and band 3 for Civil Liberties and Human Rights in Chambers and Partners 2017.

    Chambers UK 2017

    Public Law:
    "...One of the most intelligent advocates at the Bar..."

    Immigration Law:
    "He is excellent with clients, easy-going and able to deal with very complex work..."

    Civil Liberties and Human Rights:
    "You know he'll make a good job of any instruction; he's got good judgement and can formulate arguments excellently." "He clearly knows what he's doing and he's a real pleasure to work with."

Professional Career to date

Devil Masters: Mark Lindsay QC, Anthony Graham

2017- to date: Ad Hoc Advocate Depute: to Serious and Organised Crime Division, (the Proceeds of Crime)
2013 - to date: Preferred Counsel: Equality and Human Rights Commission
2012 - to date : Appointed Standing Junior to The Scottish Government
2010: Called to Bar
2006-2009: Assistant Solicitor, Drummond Miller LLP
2004-2006: Trainee Solicitor, Drummond Miller LLP

Education & Professional Qualifications

LLB (Hons) 1999-2003 University of Edinburgh
Dip LP 2004 University of Edinburgh