Jacqueline Fordyce

Professional Experience

Jacqueline called to the Bar in 2016, as the Lord Reid Scholar 2015-16, and was Deputy Director of Training and Education at the Faculty of Advocates 2019-21.

She is a Legal Member of the Scottish Criminal Cases Review Commission (SCCRC), exercising statutory powers to consider alleged miscarriages of justice and whether cases should be referred to the High Court of Justiciary.

Jacqueline has particular interests in public law, human rights, and criminal justice. She is a contributing editor of Stair Memorial Encyclopaedia (Criminal Law, Public International Law, and Human Rights volumes), and has previously lectured in constitutional and administrative law.

She has appeared in a variety of matters in the Scottish courts and tribunals, including the UK Supreme Court, and has been instructed in judicial review and human rights proceedings, contractual disputes, professional liability and disciplinary proceedings, media law, public inquiry, and as ad hoc Crown junior counsel.

She has distinct quasi-judicial experience in domestic and international courts and tribunals. She is a former Registrar of the Upper Tribunal (Administrative Appeals Chamber) (UTAAC) in Scotland, providing legal and procedural advice to the Upper Tribunal judges and exercising delegated judicial functions in respect of interlocutory and case management issues. She is a former Law Clerk (for both the Lord President, Lord Carloway, and the Lord Justice Clerk, Lady Dorrian), developing a particular understanding of effective appellate advocacy and strength in opinion writing. She is also a former Visiting Professional in the Appeals Chamber of the International Criminal Court (assigned to the then President of the Court, Judge Eboe-Osuji), gaining experience of international criminal law, including questions of state immunity, and international administrative law matters.

Jacqueline is a board member of The Howard League for Penal Reform in Scotland. She previously practised as a litigation solicitor in Edinburgh.

Case History

The Prosecutor v Omar Hassan Ahmad Al Bashir, ICC-02/05-01/09 (as Visiting Professional in the Appeals Chamber of the ICC) (assisting in appeal proceedings by the Hashemite Kingdom of Jordan against Pre-Trial Chamber's finding of non-compliance with warrant for arrest and surrender of sitting President Al Bashir of Sudan and related referral to the UN Security Council)

Lyle v Webster & Anr [2019] SC DUN 2 (counsel for the defenders in respect of financial claims arising from cohabitation based on alleged breach of non-commercial agreements and unjust enrichment)

Ross Dickson, Petr [2018] CSOH 19 (junior counsel in judicial review of police disciplinary procedures)

Brown v The Parole Board for Scotland & Ors [2017] UKSC 69 (landmark decision on scope of duty under art. 5 ECHR to provide real opportunity for rehabilitation to prisoners serving extended sentences)

Kidd v Paull & Williamsons LLP & Anr [2017] CSOH 16 (junior counsel in defence of high value professional negligence and related claims against solicitors)

McDowall v G4S Care and Justice Services (UK) Limited [2016] SC EDIN 67 (claim for ‘just satisfaction’ damages in respect of alleged breach of prisoner’s human rights under art. 3 and art. 8 ECHR)

Appointments & Memberships

2021 – present: Legal Member, Scottish Criminal Cases Review Commission (SCCRC)
2019 – present: Contributing Editor, The Laws of Scotland: Stair Memorial Encyclopaedia
2019 – present: Board Member, The Howard League for Penal Reform in Scotland
2019 – present: Panel Counsel, Equality and Human Rights Commission (EHRC)
2019 – present: Council Member, The Stair Society
2020 – 2022: Registrar, Upper Tribunal (Administrative Appeals Chamber)
2019 – 2021: Standing junior counsel to the Advocate General for Scotland
2019 – 2021: Deputy Director of Training & Education, Faculty of Advocates
July 2018 – January 2019: Visiting Professional (Chambers), International Criminal Court, The Hague
January 2018 – July 2018: Law Clerk to the Lord Justice Clerk (Lady Dorrian), Scottish Courts & Tribunals Service (ad hoc appointment)
2017 – present: Law Reporter, Session Cases, Scottish Council of Law Reporting
2013 – 2016: Council Member, The WS Society
2011 – present: Writer to the Signet
Publications

The Laws of Scotland: Stair Memorial Encyclopaedia (Criminal Law, 2nd Reissue (2020), Public International Law, 2nd Reissue (2021))
The plight of the landlocked proprietor 2012 SLT 243
A complainer's right to litigate – observations on the courts' relationship with the Financial Ombudsman Service and Scottish Legal Complaints Commission 2011 SLT 287
Land Reform (Scotland) Act 2003 – pushing the boundaries 2010 JR 263
Diligence on the dependence – a return to the old regime? 2009 SLT 71
Additional Information

Jacqueline is a member of the Scottish Public Law Group (SPLG), The WS Society, The Stair Society, and Howard League Scotland (HLS).

Professional Career to date

Devil Masters: Morag Ross QC, Gavin MacColl QC, Susan Duff

June 2016: Admitted to the Faculty of Advocates
January – March 2016: Part-time Lecturer in Constitutional & Administrative Law, Edinburgh Napier University
2015 – 2016: Devil, Faculty of Advocates
2012 – 2015: Law Clerk to the Lord Justice Clerk (Lord Carloway), Scottish Courts & Tribunals Service
2012: Senior Solicitor, Litigation and Dispute Resolution, Tods Murray LLP, Edinburgh
2009 – 2012: Solicitor, Litigation and Dispute Resolution, Fyfe Ireland LLP, Edinburgh
2009 – 2010: Part-time Tutor, University of Edinburgh
2007 – 2009: Trainee Solicitor, Fyfe Ireland LLP, Edinburgh

Education & Professional Qualifications

International Human Rights Law (Distance Learning), University of Nottingham (2017-18)
Lord Reid Scholarship, Faculty of Advocates (2015-16)
LLM Advocacy (with Distinction), University of Strathclyde (2012-13)
Dip LP Diploma in Legal Practice, University of Edinburgh (2006-07)
LLB Law (Hons) (First Class), University of Edinburgh (2002-06)

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