Education & Professional Qualifications
Diploma in Legal Practice, University of Edinburgh (1999)
LLM First Class, University of Cambridge (Jesus College) (1998)
LLB (Hons) First Class, University of Aberdeen (1997)
Professional Career to date
Devilmasters: Roisin Higgins QC, Mark Lindsay QC, Thomas Ross.
2011: Admitted to the Faculty of Advocates
2011 - 2013: Tutor, University of Edinburgh (Diploma in Legal Practice and Professional Competence Course)
1999 - 2010: Maclay Murray & Spens LLP, Commercial Dispute Resolution
1998, 1999: Research assistant, Scottish Law Commission (Partnership law)
1998 - 1999: Tutor, University of Edinburgh (Commercial Law and Scottish Legal System)
Ross has a broad practice focusing mainly on commercial law. He is presently instructed as junior counsel to the Edinburgh Tram Inquiry. He has particular interests in property litigation and professional negligence. Recent work has included:
- Rent review
- Dilapidations and statutory repair scheme disputes
- Litigation under the Telecommunications Code
- Compulsory purchase
- Validity of commercial lease notices
- Service charge disputes
- Single survey litigation
- Commercial contract disputes
- Restrictive covenants and confidentiality (interim interdicts and dawn raids)
- Sale of goods
- Product liability
- Recovery of evidence under the Evidence (Proceedings in Other Jurisdictions) Act 1975
- Pursuer and defender
- Mortgage lender claims against solicitors and surveyors
- High-value claim arising from defective rent review clause
Before calling to the Bar, Ross worked for 9 years as a commercial litigation solicitor with one of Scotland's large commercial law firms.
In addition to his court appearance and advisory work, he has represented clients at mediation, third party expert determination and arbitration.
Courts & Tribunal Experience
Ross has appeared in the Inner and Outer House of the Court of Session and in the Sheriff Court (first instance and appeal). He regularly appears in the commercial courts.
PDPF GP Limited v Santander UK plc  CSOH 40 - Commercial Court debate on the correct construction of repair obligations under a commercial lease
Worbey & Farrell v Elliott  CSOH 19 - Commercial Court debate on jurisdiction in actions of count, reckoning and payment
Abram v British International Helicopters Limited  CSOH and  CSIH 53 - first reported case on dismissal of an action for delay under chapter 21A of the Rules of the Court of Session
Prow v Argyll & Bute Council  CSOH 77 - Commercial Court debate on the validity of rent review notices, and whether time was of the essence in relation to a tenant's counter-notice. (Decision upheld on appeal:  CSIH 23)
Public local inquiry in connection with The Rosyth International Container Terminal (Harbour Revision) Order - Acting as junior counsel in the public inquiry into the proposed Rosyth International Container Terminal, under the Harbours Act 1964.
The Edinburgh Tram Inquiry
Cases worked on as a solicitor include the following:
Blower and others (the Trustees of the WTL International Limited Retirement Benefits Scheme) v Edwards and Scottish Widows plc  CSOH 34 (alleged professional negligence of pension scheme actuary).
Robert Purvis Plant Hire Limited v Alex Brewster & Sons  CSOH 28 (interpretation of lease).
West Coast Capital (Lios) Limited, Petitioner  CSOH 72 (shareholder's unfair prejudice application concerning Tesco and Dobbie's Garden Centres).
Successful resolution, without concluded litigation, of: high-value professional negligence claim against solicitors arising out of advice on a land acquisition option agreement (at mediation); professional negligence claim against life insurance company arising out of defective pension scheme rules.