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Areas of expertise

Professional information

  • 2024: First Standing Junior Counsel to the Scottish Government
  • 2020: Second Standing Junior Counsel to the Scottish Government
  • 2017: Standing Junior Counsel to the Scottish Government
  • 2012: Admitted to the Faculty of Advocates
  • Devilmasters: Lady Poole; Kenny McBrearty QC; Shelagh McCall QC
  • LLB (Hons) (Aberdeen); DipLP (Edinburgh) ; LLM (By Thesis) (Kent)
Professional experience

Lesley specialises in public and administrative law with an emphasis on constitutional, human rights and equalities law. She is the First Standing Junior Counsel to the Scottish Government and ranked Band 1 in three areas in Chambers and Partners including Public and Administrative Law, and Civil Liberties and Human Rights. Lesley is regularly instructed on behalf of a variety of petitioners and respondents and has experience in the Courts and Tribunals at all levels.

Notable cases

Public and Administrative law

  • For Women Scotland Ltd (No.2) v Scottish Ministers [2022] CSOH 90, 2023 SC 61; [2023] CSIH 37, 2023 SLT 1216. Challenge to the lawfulness of revised statutory guidance relative to the meaning of the term “woman” in the Equality Act 2010 and the effect in law of the issuing of a Gender Recognition Certificate under the Gender Recognition Act 2004. Acted for the Scottish Ministers with Ruth Crawford KC.
  • Scottish Association of Landlords and others v Lord Advocate [2023] CSOH 76, 2023 SLT 1179. Legislative competence challenge to the Cost of Living (Tenant Protection) (Scotland) Act 2022. Acted for the Lord Advocate with James Mure KC.
  • Scottish Fishermen’s Organisation Ltd & Shetland Fish Producers Organisation Ltd v Scottish Ministers [2023] CSOH 2, 2023 SLT 39; [2024] CSOH 27. Challenge to the ‘economic link’ licence condition which came into force for pelagic fishing vessels on 1 January 2023. Acted for the Scottish Ministers with James Mure KC.
  • For Women Scotland Ltd v Lord Advocate & Scottish Ministers [2021] CSOH 31, 2021 SLT 639; [2022] CSIH 4, 2022 SC 150. Legislative competence challenge to certain provisions of the Gender Representation on Public Boards (Scotland) Act 2018 and challenge under the Equality Act 2010 to related decisions of the Scottish Ministers. Acted for the Lord Advocate and Scottish Ministers with Ruth Crawford QC.
  • In re United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill, In re European Charter of Local Self-Government (Incorporation) (Scotland) Bill [2021] UKSC 42, [2021] 1 WLR 5106. References to the Supreme Court under section 33 of the Scotland Act 1998 regarding the legislative competence of two Bills of the Scottish Parliament. Acted for the Lord Advocate with James Mure QC and Paul Reid.
  • Philip v Scottish Ministers [2021] CSOH 32, 2021 SLT 559. Article 9 ECHR challenge to coronavirus regulations regarding the closure of places of worship. Acted for the Scottish Ministers with James Mure QC.
  • Fubar Stirling Ltd v Scottish Ministers (unreported, September 2021). Challenge by late-night hospitality venues to the decision of Scottish Ministers to introduce a COVID-19 certification scheme. Acted for the Scottish Ministers with James Mure QC.
  • S v Scottish Ministers [2021] CSOH 23; 2021 SLT 711. Challenge by complainer under reference to Articles 3, 8 and 14 ECHR and the Equality Act 2010 in relation to the delay in the prosecution of a serious sexual offence as a result of COVID-19. Acted for the Scottish Ministers with Ruth Crawford QC.
  • KLR & RCR International Ltd v Scottish Ministers [2020] CSOH 98. Challenge by hospitality businesses to the decision to continue Level 3 coronavirus restrictions for the City of Edinburgh local authority area. Acted for the Scottish Ministers with James Mure QC.
  • Sharp v Scottish Ministers [2020] CSOH 74. Challenge to levels of business support provided to the retail, hospitality and leisure sector during the coronavirus pandemic. Acted for the Scottish Ministers with Ruth Crawford QC.
  • In re UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [2018] UKSC 64, 2019 SC (UKSC) 13. First reference to the Supreme Court under section 33 of the Scotland Act 1998 regarding the legislative competence of a Bill of the Scottish Parliament. Acted for the Lord Advocate with the Lord Advocate, James Mure QC, and Christine O’Neill.
  • Case C-333/14 Scotch Whisky Association and others v Lord Advocate [2016] 1 WLR 2283; [2017] UKSC 76, 2018 SC (UKSC) 94. Legislative competence challenge to the Alcohol (Minimum Pricing) (Scotland) Act 2012. Acted with Gerry Moynihan QC on the reference to the Court of Justice of the European Union and in the Inner House and with the Lord Advocate and Gerry Moynihan QC on appeal to the Supreme Court.
  • Slezak v Secretary of State for Work and Pensions [2017] CSIH 4, 2017 SC 262. Statutory appeal to the Inner House against a decision of the Upper Tribunal in relation to the refusal of an application for income support by the abandoned child of an EEA national. Acted alone.

Civil Liberties and Human Rights

  • For Women Scotland Ltd (No.2) v Scottish Ministers [2023] CSOH 76, 2023 SLT 1179. Challenge to the lawfulness of revised statutory guidance relative to the meaning of the term “woman” in the Equality Act 2010 and the effect in law of the issuing of a Gender Recognition Certificate under the Gender Recognition Act 2004. Acted for the Scottish Ministers with Ruth Crawford KC.
  • Scottish Association of Landlords and others v Lord Advocate [2023] CSOH 76, 2023 SLT 1179. Legislative competence challenge (A1P1) to the Cost of Living (Tenant Protection) (Scotland) Act 2022. Acted for the Lord Advocate with James Mure KC.
  • Scottish Fishermen’s Organisation Ltd & Shetland Fish Producers Organisation Ltd v Scottish Ministers [2023] CSOH 2, 2023 SLT 39; [2024] CSOH 27. Challenge including under A1P1 to the ‘economic link’ licence condition which came into force for pelagic fishing vessels on 1 January 2023. Acted for the Scottish Ministers with James Mure KC.
  • For Women Scotland Ltd v Lord Advocate & Scottish Ministers [2021] CSOH 31, 2021 SLT 639; [2022] CSIH 4, 2022 SC 150. Legislative competence challenge to certain provisions of the Gender Representation on Public Boards (Scotland) Act 2018 and challenge under the Equality Act 2010 to related decisions of the Scottish Ministers. Acted for the Lord Advocate and Scottish Ministers with Ruth Crawford QC.
  • Craig v Her Majesty’s Advocate (for the Government of the United States of America) [2022] UKSC 6, 2022 SC (UKSC) 27. Article 8 ECHR Supreme Court extradition appeal in relation to the non-commencement of the forum bar provisions of the Extradition Act 2003 in Scotland. Acted for the Lord Advocate with Kenny McBrearty QC.
  • Philip v Scottish Ministers [2021] CSOH 32, 2021 SLT 559. Article 9 ECHR challenge to coronavirus regulations regarding the closure of places of worship. Acted for the Scottish Ministers with James Mure QC.
  • S v Scottish Ministers [2021] CSOH 23; 2021 SLT 711. Challenge by complainer under reference to Articles 3, 8 and 14 ECHR and the Equality Act 2010 in relation to the delay in the prosecution of a serious sexual offence as a result of COVID-19. Acted for the Scottish Ministers with Ruth Crawford QC.
  • Sutherland v Her Majesty’s Advocate (Director of Public Prosecutions intervening) [2020] UKSC 32, [2020] 3 WLR 327. Article 8 ECHR privacy challenge to the leading of evidence at a criminal trial obtained from a ‘paedophile hunter’ group. Acted for the Lord Advocate with the Solicitor General and Alan Cameron, Senior Advocate Depute.
  • Romein v Advocate General for Scotland [2014] CSOH 174; [2016] CSIH 24; [2018] UKSC 6, 2018 SC (UKSC) 122. Challenge to a decision refusing an application for British citizenship raising issues of gender discrimination. Acted for the petitioner alone at first instance and with Kenny McBrearty QC on appeal to the Inner House and the Supreme Court.
  • S v Mental Health Tribunal for Scotland (unreported, June 2020). Article 14 ECHR challenge by way of devolution minute in a sheriff court summary application to various aspects of the Mental Health (Care and Treatment) (Scotland) Act 2003. Acted for the Lord Advocate alone.
  • Ansari v Aberdeen City Council [2015] CSOH 168, 2016 SLT 73; [2017] CSIH 5, 2017 SC 274. Article 5 ECHR challenge against a local authority in relation to prisoner rehabilitation. Acted for the local authority alone at first instance and with Robert Howie QC on appeal to the Inner House.
  • A (Uganda) v Secretary of State for the Home Department [2015] CSOH 62, 2015 SLT 407; [2016] CSIH 38, 2016 SC 776. Article 14 ECHR challenge to the domestic violence provisions of the immigration rules by the spouse of a refugee. Acted for the petitioner alone at first instance and with James Wolffe QC on appeal to the Inner House.

Competition, EU and Public Procurement

  • Glasgow City Council, West Dunbartonshire Council & 20 others v VFS Financial Services Ltd & Others [2020] CSOH 92; [2022] CSIH 1. ‘Follow-on’ damages claims by local authorities and other public bodies against members of a truck cartel following the finding by the European Commission of an infringement of Article 101 TFEU. Acted for the pursuers with Gerry Moynihan QC.
  • For Women Scotland Ltd v Lord Advocate & Scottish Ministers [2021] CSOH 31 2021 SLT 639. Legislative competence challenge to certain provisions of the Gender Representation on Public Boards Act 2018 including challenge based on ‘positive action’ sex discrimination provisions of EU law. Acted for the Lord Advocate with Ruth Crawford QC.
Directories
  • Chambers UK Bar – Recommended as leading junior in Public and Administrative Law (Band 1); Immigration (Band 1); and Civil Liberties and Human Rights (Band 1)
Select publications
  • Essential Knowledge for UK Lawyers about the EU Charter of Fundamental Rights, 12 Juridical Review pp 235-250 (with Anna Poole (now Lady Poole))