The Beauly-Denny power line project, described by the Energy Minister as “the most significant grid infrastructure project in a generation”, has received consent, with the assistance of two Counsel from Ampersand.

Ailsa Wilson QC and Marcus McKay of Ampersand, along with Brian Gill of Arnot Manderson Advocates, were instructed by Scotland’s transmission system power companies to represent their interests at the public inquiry into the applications made under the Electricity Act 1989. The project involves the strengthening of an existing transmission line between Beauly, near Inverness in the Scottish Highlands, and Denny, near Falkirk. Once completed, the upgrade will reduce existing capacity constraints and help to facilitate the transmission of electricity from renewable sources.

The Beauly-Denny project has been extremely controversial. There were over 17,000 objections lodged, including objections from the relevant local planning authorities, the Cairngorms National Park Authority, the John Muir Trust and Scottish Natural Heritage. A public inquiry was heard during 2007 and evidence taken from almost 200 witnesses. The inquiry was the longest such inquiry ever held in Scotland.

Ailsa and Marcus were involved in the project during the Environmental Impact Assessment and have since provided advice and representation in relation to all aspects of the consents process, including the applications under the Electricity Act 1989 (also seeking deemed planning permission), applications under the Planning Acts for new or upgraded electricity substations, compulsory purchase orders and necessary wayleave applications. At the inquiry a number of complex and/or controversial topics were covered, including:

• the “Needs Case” (e.g. licence obligations, system requirements and renewable energy policy background),
• Potential Alternatives (underground cables)
• Landscape and Visual Effects (for example within the Cairngorms National Park)
• Effects on Tourism (for example in the Stirling area)
• Effects on Sheriffmuir battlefield
• Electric and Magnetic Fields (EMFs) and the application of the Precautionary Principle
• Effect on European Protected Species and Natura Sites

The closing submissions prepared by Ailsa and Marcus run to several hundreds of pages and can be viewed at http://www.beaulydenny.co.uk/. The decision of the Scottish Ministers, and the Report of the Inquiry Reporters, can be accessed here.

Ailsa and Marcus are also experienced in renewable energy projects. Their full C.V.s can be viewed here:

Ailsa Wilson QC
Marcus McKay

Ampersand is delighted to announce the arrival of the latest member to the Faculty of Advocates, Laura-Anne van der Westhuzien, who called to the Bar today.

Laura-Anne has been in practice as an Advocate of the High Court of South Africa since 2002 and was called to the Bar of England and Wales (Middle Temple) in 2008.  She has a broad range of experience in general commercial litigation and has a particular interest in company law, insolvency and tax-related matters, and a further interest in planning and environmental law.

Laura-Anne said that she is looking forward to commencing practice at the Scottish Bar, particularly as a member of Ampersand, with its excellent reputation in the areas in which she practices.

View the profile of Laura-Anne van der Westhuizen here.

Ampersand has secured 9 listings in the latest editions of the independent legal directory including their top Band 1 ranking, which follows on from the 22 listings in the Legal 500 earlier this year.  The listings are:

Commercial Dispute resolution
Robert Howie QC is famed as a "walking encyclopaedia," thanks to his far-reaching knowledge of the law and "brain the size of a planet." Construction work is a particular forte and he has appeared in, and acted as adviser in, adjudications under the Housing Grants, Construction and Regeneration Act 1996.

At the same set, David Sellar QC offers a first-rate advisory practice that centres on company and insolvency law, and helping clients avoid rather than resolve disputes. Peers profess him to be "highly experienced and technically brilliant."

Another jewel in Ampersand's crown is "the exceptional all-round advocate," Ronnie Clancy QC. He hasn't been visible of late, because of his role as Senior Crown Counsel in the Lockerbie appeal.

Commercial and administrative law specialist Alan Dewar QC is regularly instructed in procurement-related cases.

The "stupendously good" Craig Sandison is a leading light in the commercial property and commercial contract fields in particular. Peers applaud his "ability to come up with angles that others couldn't even think of," and he is also praised as "a tenacious advocate; he gets stuck into battle and is not one for taking a step backwards."

Robert Weir concentrates on professional negligence, construction and maritime disputes. Interviewees commend his "highly persuasive presentations."

Planning
Ampersand benefits from Malcolm Thomson QC's "impressive ability to grasp complex issues; he's a knowledgeable, practical and level-headed tactician with a detailed understanding of planning law."

Ailsa Wilson QC is considered especially strong in the renewable energy sector. "She's very experienced and absolutely great with clients," report sources.

Employment
Aidan O'Neill QC of Ampersand has an impressive portfolio of work and a breadth of knowledge of employment law at both the national and European level. One recent highlight for him was a race discrimination claim pertaining to the employment and funding arrangements for research scientists working on cloning issues at the Roslin Institute.

Competition/European Law – European edition
Ian Forrester QC is acclaimed as “an extraordinary competition lawyer.” According to interviewees, “he has an encyclopaedic knowledge of the law and excellent communication skills, and pulls out all the stops for his clients.” He acted for Microsoft on its appeal against a Commission decision, and also represented Nintendo as co-counsel in appeal proceedings in the Court of First Instance against a Commission decision fining Nintendo for breaches of Commission antitrust rules.

View the Ampersand profile on the UK 2010 Chambers and Partners website.

Ampersand’s exciting new lecture series continues this November with two lectures.  The first on Public Law and the second, concluding this year’s series, on Health & Safety Law.

The next lecture is on Public Law:

Judicial Deference - when and to what degree should judges defer to Parliament and the Executive?

Aidan O’Neill QC will look at deference to Parliament (Scottish and UK) in relation to challenges to primary legislation.  Jane Munro will then look at deference to the Executive (Scottish and UK) when it is exercising its function of making secondary legislation.  Professor Adam Tomkins will then focus on the situation of decisions involving national security and the welfare of the nation in the face of the terrorist threat.

The lecture will take place on 16^th November at 5.30pm in The Mackenzie Building in Edinburgh and numbers are strictly limited.

This year’s lectures conclude on 30^th November at the same time and venue where the re-arranged seminar on Health & Safety Law takes place where Simon Di Rollo QC, Graham Primrose QC and Professor Douglas Brodie will discuss “Control & Responsibility”.

Both events begin at 5.30pm and will be followed by wine and snacks.  All events are free and all contribute to 1 ½ hours of CPD.

To book a free place for any of these lectures law practitioners should email thekey@ampersandstable.com or call 0131 260 5674

The most recent newsletter from the Faculty of Advocates is available to read here.