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Areas of expertise

Professional information

  • 2020: Junior counsel to the Scottish Hospitals Inquiry
  • 2015 – 2020: Junior counsel to the Edinburgh Tram Inquiry
  • 1999 – 2010: Maclay Murray & Spens LLP, Commercial Dispute Resolution
  • LL.B (Hons.) First Class (University of Aberdeen); LL.M First Class (University of Cambridge, Jesus College)
  • Devilmasters: Roisin Higgins QC, Mark Lindsay QC, Thomas Ross QC
Professional experience

Ross has more than twenty years’ experience in commercial litigation. He regularly acts for clients in the commercial courts of the Court of Session and Sheriff Court, and has also represented clients at mediation, third party expert determination and arbitration.  His main areas of focus are property litigation and commercial litigation. He has been engaged as counsel to the inquiry in both of the major public inquiries set up by the Scottish Government into public infrastructure projects in recent years.

Notable cases

Property

  • Duncan v Glasa LLP and Kildermorie Partnership v SSE Generation Limited 2020 SCLR 821. Three related actions for damages arising on cancellation of a hydro electric scheme.
  • McCabe v Patterson 2020 SC GLA 14. Dispute concerning property titles and servitudes.
  • Scottish Ministers v Brechin Healthcare Group, Lands Tribunal, 3 May 2019. Lands Tribunal application concerning real burdens.
  • Duffus v Malcolm Allan Housebuilders Limited, Lands Tribunal, 24 April 2020, 2020 GWD 16-236. Lands Tribunal application concerning housing developer real burdens.
  • Litigation concerning strike-off of property factor under the Property Factors (Scotland) Act 2011.

Commercial

  • Briggs of Burton plc v Doosan Babcock [2020] CSOH 100. Application for rectification of a commercial lease; clarified important aspects of the law of rectification in Scotland.
  • High-value arbitration under the railway Access Dispute Resolution Rules concerning a railway contract.
  • High-value commercial fraud claim concerning complex construction and supply contract.

Professional liability and regulation

  • Professional negligence claims against solicitors, insurance brokers and IFAs

Public and administrative law

  • Scottish Hospitals Inquiry, 2020 to date
  • Edinburgh Tram Inquiry, 2015 to 2020
  • Bilfinger Construction UK Limited v Chairman of the Edinburgh Tram Inquiry 2018 SLT 483 (Outer House); 2018 SLT 925 (Inner House). Successful defence of a judicial review by a core participant of a decision of the inquiry chairman.
  • Greenpeace Limited v Advocate General and others 2021 SLT 1303 (Inner House). Appearing for the Oil & Gas Authority in an appeal by environmental campaigners against the grant of consent for the development of an oil field.
Directories
  • Chambers UK Bar – Recommended as leading junior in Real Estate Litigation (Band 1) and  Commercial Dispute Resolution (Band 2)