Areas of expertise
Professional information
- 2007 – 2012: Solicitor in private practice
- 2013: Called to the Bar
- 2018 – date: Appointed Standing Junior Counsel to the Scottish Government
- 2018 – 2020: Elected member of Faculty Council
- 2019– 2026: A principal and subsidiary devilmaster
- 2026: Appointed silk
Ewen has a varied civil practice and is ranked by Chambers & Partners in the fields of administrative and public law, professional negligence, commercial dispute resolution, product liability, public procurement, clinical negligence and media law. Ewen has considerable experience in complex and high-profile cases, both acting alone and supporting Senior Counsel. He has appeared and made submissions in the UK Supreme Court and Competition Appeal Tribunal. He regularly appears in the Outer House, Commercial Court and Inner House of the Court of Session, as well as the Sheriff Appeal Court. His practice includes group proceedings.
Public and administrative law
- Michael Howe v Tayside Health Board: judicial review proceedings challenging Health Board approach to GP referrals for ADHD assessments
- Greenpeace Ltd v Advocate General for Scotland 2025 SLT 303: Judicial review proceedings seeking reduction of consent for offshore oil projects
- Scottish Police Federation v Scottish Police Authority: Claim for unpaid wages relating to around 200 officers being ‘recalled to duty’ over many years
- Open Seas v Scottish Ministers 2024 SC 338: Judicial review proceedings concerned with enforcement decisions under the Marine (Scotland) Act 2015
- BBC v Chair of the Scottish Child Abuse Inquiry 2022 SC 184: This action concerned the power of the Chair of the Scottish Child Abuse Inquiry to make a restriction order under s.19 of the Inquiries Act 2005 for the purposes of prohibiting publication of a claim raised against her in the employment tribunal.
- Imran Ahmad v Lord Advocate 2024 SLT 747 & 2024 CSOH 110 & 2024 CSOH 23: Action for damages arising from malicious prosecution
- Greenpeace Ltd v Advocate General & OAG 2021 SLT 1303 (Inner House): Statutory appeal challenging decisions relative to consent to drill for oil in the Vorlich oilfield, construction of the relevant Regulations, publication of ES and whether climate change is a relevant factor
- LC Management Services (Scotland) Ltd v Scottish Ministers [2019] CSOH 72; [2020] CSIH 37:A challenge to the award of State Aid under the European Union system of block exemption and claim for damages of £25m.
- Salmon Net Fishing Association of Scotland v Lord Advocate [2020] CSOH 11: Challenge to Scottish Government prohibition on retaining salmon in coastal waters.
- AS v Scottish Legal Complaints Commission [2020] CSIH 19; 2020 SC 443: Challenge by a legal professional of the Scottish Legal Complaints Commission’s complaint eligibility determination under the relevant statutory scheme.
- Asim Khan v Scottish Executive of Scottish Labour Party [2018] CSOH 68: Judicial review challenge to decision of Scottish Labour decision in council elections.
Clinical Negligence
- AM v Lothian Health Board 2026 CSOH 42: action relating to allegations of midwifery and obstetric neglgience leading to cerebal palsy. There are numerous allegations of breach of duty, involving complex factual and expert evidence at PBA.
- McCulloch v Forth Valley Health Board 2023 SC (UKSC) 91: The UKSC considered legal and factual issues in relation to obtaining informed consent for medical treatment.
- Various pursuers v Alan Morrison 2023 SLT (SAC) 119: Approximately 700 clinical liability claims arising from alleged exposure to increased risk of infection.
- Jennifer McCulloch & Ors v Forth Valley Health Board [2020] CSOH 40 (Outer House); 2021 SLT 695 (Inner House): Clinical negligence action concerning the death of an individual from cardiac tamponade. Included issues of informed consent, negligence, the correct approach to causation and independence of expert witnesses.
- AH v Greater Glasgow Health Board & Ors 2018 SLT 535: Mass clinical negligence litigation concerning informed consent and product liability.
Product Liability/Competition
- The Scottish Johnson & Johnson Baby Powder Group Proceedings: group proceedings relating to claims relating to use of Baby Powder.
- VW2 Nox Emissions Group Proceedings: Group proceedings relating to alleged presence of prohibited defeat devices.
- Various Claimants v DAF & Ors (Trucks Cartel) (Competition Appeal Tribunal): follow on damages claim in the CAT.
- Donnelly v Johnson & Johnson Medical Limited 2025 CSOH 77: Group proceedings relating to mesh product for hernia repair.
- Merricks v Mastercard Inc. (Competition Appeal Tribunal) 2024 CAT 41: CAT proceedings in relation to prescription and choice of law issues.
- Gilchrist v DePuy International Ltd 2024 SC 229: Reclaiming motion (appeal) in relation to 49 metal-on-metal hip actions.
- Hastings v Finsbury Orthopaedics & Stryker UK Limited 2022 UKSC 19: Allegation of defective hip prosthesis under Consumer Protection Act 1987
- Various pursuers v Volkswagen Aktiengesellshaft & Ors [2022]: Group proceedings concerning alleged defeat device relating to vehicle emissions.
Media Law
- Ashton Properties (Glasgow) Ltd v Unite the Union 2025 SAC (Civ) 36 & 2025 SLT (Sh. Ct.) 1: First reported appeal decision regarding the application of the Defamation and Malicious Publication (Scotland) Act 2021
- Smith v Daly: allegation of defamation
- Easdale v Hendry 2024 SLT 545: Breach of interdict/contempt proceedings relating to defamatory Youtube videos.
- BBC v Chair of the Scottish Child Abuse Inquiry 2022 SLT 385: Judicial Review proceedings concerning reporting restrictions. Including consideration of statutory interpretation/vires, when issues are academic, apparent bias and human rights.
- McAnulty v McCulloch 2019 SLT 449: Defamation action brought by local councillor arising from accusation of racism
- X v Y [2019]: Obtaining interim orders arising from blackmail
- Sheridan v News Group Newspapers Limited [2018] SLT 249: Defamation action raising issues of historic expenses
Procurement
- Roche Diagnostics Ltd v GGHB & Abbott Laboratories Ltd 2024 SLT 880 & 2024 SLT 1069 & 2024 SLT 1239: high value damages action founding upon causing loss by unlawful means, unlawful means conspiracy and breaches of the Public Contracts (Scotland) Regulations 2015
- Pentland Ferries v Scottish Ministers [2019] CSIH 41; [2019] CSOH 39: Challenge to decision to seek tenders for lifeline ferry services alleging breach of state aid rules and that market failure had not been established.
- Kenman Holdings Ltd v Comhairle nan Eilean Siar & Ors: Action for Francovich damages arising from procurement exercise. Issues of mora, taciturnity and acquiescence: [2015] CSOH 170; 2017 SC 339.
- Dem-master Demolition Ltd v Renfrewshire Council [2016] CSOH 150: Public procurement challenge related to disappointed tenderers and failure to comply with administrative requirements of tender.
Commercial Dispute Resolution
- Quartermile Serviced Apartments Ltd v Speirs Gumley [2026] SAC (Civ) 14: SAC decision regarding the real burdens relating to commercial property and allegation of malicious publication
- Mex Group Worldwide Ltd v Ford & Ors 2024 SLT 901 & 2025 CSOH 39: £85m claim of unlawful means conspiracy/fraud, involving very complex background relating to multiple proceedings in various jurisdictions relating to forex trading platforms.
- Wayne Gardner-Young v Boyd Insurance: Action of damages arising from alleged negligence of insurance brokers
- Wayne Gardner-Young v RSA Plc 2020 SC 467: Action of damages arising from refusal of insurance cover
- A& E Investments Inc v Levy & McRae Solicitors LLP & Anr 2020 SLT 133: Action for declarator that success fee arrangement by solicitors was pactum de quota litis
Professional Negligence
- Peter McGivney v Bell & Co: solicitor’s negligence claim relating to a negligently drafted pre-nuptual agreement.
- Cour Ltd v Murray Beith Murray: Solicitor’s negligence action arising from wind farm commercial lease
- River Tay Castle LLP v Shepherd and Wedderburn LLP: Solicitor’s negligence action concerning solicitor’s duties in complex commercial instruction
- Montbank Loanhead Limited v MBM Commercial LLP: Solicitor’s negligence action dealing with loss of a chance to develop a housing project
- Philips v Laycock: Architect’s negligence action arising from discovery of building defects
- Smith v Conans & Ors: Solicitor’s negligence action which concerned apparent authority to act
- Thomas Hanley v Slater Gordon LLP: Solicitor’s negligence action concerned with loss of a chance to raise proceedings
Intellectual Property
- William Grant & Sons v Lidl 2021 SLT 889: Trade Marks dispute considering passing off, unfair advantage and the scope of interim interdict
Miscellaneous cases
- Veale v Scottish Power UK Plc 2026 SLT 1 (UKSC)” The UKSC court considered an issue of statutory interpretation in relation to The Damages (Scotland) Act 2011
- Celtic Plc Group Proceedings: group proceedings relating to sexual abuse occurring at Celtic Boys Club.
- FAI – Frank Kinnis: Instructed for criticised GP.
- AB v Glasgow City Council 2021 SLT 1577: Historic sexual abuse case with complex issues of causation and quantum.
- Various cases relating to solicitor and advocate’s disciplinary issues
- Fleming v Chief Constable PAT 2020-1: appeared for appellant in Police Appeals Tribunal hearing involving issues of natural justice, irrationality and manifest error.
- Chambers UK Bar – Recommended as leading junior in Administrative and Public Law; Professional Negligence; Commercial Dispute Resolution; Product Liability; Public Procurement; Clinical Negligence; and Media Law
- Who’s Who Legal – Recommended as National Leader in Government Contracts