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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– date: A principal and subsidiary devilmaster
Professional experience

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 is listed by Chambers & Partners as a “Star of the Scottish Bar”. Ewen has considerable experience in complex and high-profile cases, both acting alone and supporting Senior Counsel. He has appeared in the UK Supreme Court and regularly appears in the Outer House, Commercial Court and Inner House of the Court of Session. His practice includes group proceedings.

Notable cases

Professional Negligence

  • Cour Ltd v Murray Beith Murray [2022]: Solicitor’s negligence action arising from wind farm commercial lease
  • River Tay Castle LLP v Shepherd and Wedderburn LLP [2021]: Solicitor’s negligence action concerning solicitor’s duties in complex commercial instruction
  • Montbank Loanhead Limited v MBM Commercial LLP [2020]: Solicitor’s negligence action dealing with loss of a chance to develop a housing project
  • Philips v Laycock [2019]: Architect’s negligence action arising from discovery of building defects
  • Smith v Conans & Ors [2019]: Solicitor’s negligence action which concerned apparent authority to act
  • Thomas Hanley v Slater Gordon LLP [2018]: Solicitor’s negligence action concerned with loss of a chance to raise proceedings

Public and administrative law

  • Imran Ahmad v Lord Advocate [2022]: 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

  • Various pursuers v Alan Morrison [2022]: 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

  • 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. Approximately 7500 group members.

Media Law

  • 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

  • Kenman Holdings Ltd v Comhairle nan Eilean Siar & Ors [2020]: Action for Francovich damages arising from procurement exercise. Issues of mora, taciturnity and acquiescence: [2015] CSOH 170; 2017 SC 339.
  • 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.
  • 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

  • Wayne Gardner-Young v Boyd Insurance [2022]: 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

Intellectual Property

  • William Grant & Sons v Lidl 2021 SLT 889: Trade Marks dispute considering passing off, unfair advantage and the scope of interim interdict

 

Directories
  • Chambers UK Bar – Ranked a Star of the Scottish Bar
  • 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