Optimum Advocates,
Glasgow High Court,
1 Mart Street,
Saltmarket,
Glasgow.
G1 5JT
Alan’s practice since calling at the Bar in 1990 has been solely in Criminal Law. He has been instructed regularly in all types of cases, mainly in the High Court. He was prosecuting as an Advocate Depute between 2003 and 2010 being appointed a Senior Advocate Depute from 2005. He resumed practice as defence counsel in 2010 but is still regularly called upon by the Crown to prosecute for them on an ad-hoc basis.
David appears regularly in the High Court of Justiciary, Court of Session, Sheriff Court and tribunals, including courts-martial and the immigration and asylum chamber.
He called to the Bar in 2000 and to the Bar of England & Wales in London in 2010 in the leading Chamber’s in London specialising in the law as it pertains to Proceeds of Crime and Money-laundering; in 2009 he was appointed a Fellow of the Chartered Institute of Arbitrators, (England & Wales) and a Chartered Arbitrator. He is also an accredited commercial mediator.
He has experience of institutional arbitration in tribunals constituted to determine disputes under institutional rules (the ‘Terms’ of the London Maritime Arbitrator’s Association) and ad-hoc arbitral tribunals.
Chartered Arbitrator
David’s experience extends to London based international arbitrations; he has a particular expertise in Shipping Law and Maritime disputes relating to Freight and Contracts of Carriage.
He has experience of disputes as they arise under various chartering arrangements; including time, voyage and ‘bareboat’ Charters, entered into using a range of Charter-Party Forms, including NYPE, Baltic, Asbatankavoy and Amwelsh Forms. He has been involved in arbitral disputes between owners, charterers and disponent-owners and disputes involving chains of owners; Bills of Lading (Carriage of Goods by Sea Act, Hague-Visby Rules etc), bunkers, insurance and re-insurance (total loss at sea of non-navigable floating platform), cargo claims/distressed cargo, laytime & demurrage, ship detention, safe port claims, lawful sailing orders, speed and performance claims, ship arrest, total loss of vessel at sea, breach of Charter warranty provisions more generally, including as to a vessel’s seaworthiness, maintaining Class, suitability of her holds to receive cargo, performance of her engines/ gear, performance of contractual obligations relating to dates, for example, cleaning a vessel’s hull on extended stay at port, re-delivery of vessel back into owners’ service.
David’s experience also extends to other shipping contracts including disputes arising between owners and charterers under Ship Management contracts and Pool Agreements; as well as jurisdictional issues for arbitral tribunals, for example, Kompetenz Kompetenz and, the subject matter said to be in dispute (the subject matter referred to arbitration as constituting the dispute).
David was awarded a Diploma for Advocacy skills in International Arbitration by the Swiss based advocacy training provider, the Foundation for International Arbitration Advocacy. He has a good working knowledge of the rules and ‘Terms’ of the major international arbitral institutions.
He accepts instructions to appear as Counsel before institutional and ad-hoc arbitral tribunals; he is also available as a party appointed arbitrator in Institutional and, or, ad-hoc arbitrations and is an appointee to the President’s Panel of Arbitrators (Chartered Institute of Arbitrators).
General Crime
David has prosecuted solemn and summary criminal trials in the Sheriff Court and is instructed for the defence in criminal trials in the High Court and Sheriff Courts around the country.
He has appeared as Junior Counsel led by Senior in murder cases, rape trials, attempted murder/ rape cases, complex frauds and long running drugs trials as well as conspiracy charges (fire-raising) and fire-arms offences.
He acts as Junior Counsel and has appeared for the defence in trials resolving; attempted murders, culpable homicides, assaults (to severe injury, permanent impairment/ disfigurement), death by dangerous driving, allegations of rape, historical sex offences including rape, possession of pornographic images, abduction with intent to ravish, terrorism offences (including the offence of membership of ‘proscribed’ organisations), fraud, embezzlement, counterfeiting (money, goods), forgery & uttering, robbery (on commercial premises), contraventions of the controlled drugs legislation, proceeds of crime cases and money-laundering offences. He has particular experience of fraud and embezzlement prosecutions involving sums of money generating complicated audit trails.
David has also been instructed to resolve a number of unusual cases; including a case of death by dangerous driving culminating in four fatalities, assault by throwing acid into a Complainer’s face, a baby conceived by a father and his daughter; representing an Accused in the circumstances where the Crown accepted he had no recollection of the alleged offending behaviour due to sustaining serious head injuries, nevertheless proceeded to trial although unable to give Counsel instructions as to his defence.
Regulatory Crime
David has been instructed by private and public companies in ‘Regulatory’ crime prosecutions; including, contraventions of the Health and Safety at Work Act 1974 and their attendant Regulations and Environmental Crime, specifically, contraventions of the Water Environment and Water Services (Scotland) Act 2003, and the Water Environment (Controlled Activities) (Scotland) Regulations 2005.
Professional Negligence
David accepts instructions to appear in the Court of Session – David is presently instructed in reparation actions against Financial Institutions, solicitors, the Chief Constable, Police Scotland, a Local Authority; David has also appeared in a Court of Session proof for a pursuer seeking Declarator relating to fraudulent misrepresentation / Breach of Contract; Declarator for reduction of Sheriff Court judgment; and has been instructed in matters relating to actions against SLAB (the Scottish Legal Aid Board).
Economic Crime & Commercial Wrong-Doing: Professional Regulators, the Criminal Law and Business Compliance.
David has an expertise in Economic Crime and Commercial Wrong-doing. He was in the prosecution team which successfully prosecuted the last insider-dealing case in Scotland prior to the enactment of the Financial Services and Markets Act 2002 and, was instructed for the defence as Counsel in one of the first money-laundering prosecutions.
He has a particular interest in compliance issues for business and regulated businesses with a focus on the the implications for business and regulated businesses in the event of a cross-over between the Jurisdiction of a Regulator exercising an audit function to enforce a Regulatory regime and, or, the remit of a Prosecutor investigating the alleged transgression of criminal statutes, such as the Bribery Act 2010. (see – The role of Article 8 (Accounting) of the OECD Convention and the law of Bribery and Corruption | 33 Chancery Lane at http://33knowledge.com/updates/bribery-and-corruption/fsa-v-willis-the-uk-bribery-act-recording-facilitation-payments-and-the-fcpa
He is available to advise businesses and ‘Regulated Businesses’ on how to protect themselves from commercial wrong-doing by identifying triggers such as criminal conduct, for example, fraud, bribery and corruption, or misuse of data or, inside/ price sensitive information. He can also assist in the investigation of similar issues with a view to resolving them internally, negotiating with an external Regulator and then, seeking to dispose of the issues in the appropriate administrative, civil or criminal forum.
David writes and lectures on issues arising in Economic Crime and Corruption http://www.dundee.ac.uk/cepmlp/staff/profile/david-macleod and is dual qualified as a Barrister (formerly in The Chambers of Andrew Mitchell QC, 33 Chancery Lane, London) where he was a Pupil and Door Tenant.
He maintains close ties to London Chambers, who are a niche offering, focusing in one of David’s key areas of professional interest: Commercial Wrong-Doing and Economic Crime.
Chambers were formed as recently as 2008, notwithstanding that they are recognized as a leading set of Chambers in the law of Proceeds of Crime and Bribery & Corruption issues; they were ranked by ‘Chambers and Partners Guide to the Bar 2012′ as:
“The Number 1 set of Chambers for Confiscation and Asset Recovery in the United Kingdom”
And in 2015 as:
“The specialist chambers in this area of work.” (Chambers & Partners UK 2014/15)
Allan Macleod worked for the Crown in the Procurator Fiscal service before calling at the Bar. His practice since calling is primarily in the area of criminal law.
James practises in criminal law predominantly. He is regularly instructed in the High Court of Justiciary and the Sheriff Court. He has conducted trials both as junior counsel alone and as junior to senior counsel. James has been involved in a range of serious and complex cases including murder, supply of controlled substances, aggravated assaults and death by dangerous driving. He has also conducted cases relating to sexual offences, including the drafting and hearing of applications in terms of section 275.
Additionally, James practises personal injury law. He is instructed by both pursuers and insurance companies in a wide range of issues in the Court of Session and the All-Scotland Sheriff Personal Injury Court. He is experienced in complex and high-value cases arising out of historic abuse, accidents at work and road traffic accidents. James was also instructed as junior counsel by the Crown in the Cameron House Hotel Fatal Accident Inquiry.
Prior to calling, Mairi-Clare spent seven years working for the Crown Office and Procurator Fiscal Service. Latterly, she held the position of Senior Procurator Fiscal Depute which involved the preparation and prosecution of complex cases including historic and sexual offending.
She has a significant amount of court experience having prosecuted a variety of offences at both summary and solemn level in Hamilton, Airdrie and Lanark. She has extensive experience dealing with difficult cases that involve vulnerable witnesses and expert witnesses.
Duncan McPhie has regularly been instructed in numerous high-profile cases as Leader, Junior alone and Junior working with Senior, both in civil and criminal matters.
He has appeared in the High Court, the Court of Session and numerous other Courts and Tribunals. He has also conducted Appeals, and regularly drafts legal opinions. In the course of carrying out this work he has developed a successful practice since he first came to the Bar.
He has also presented at professional seminars legal and otherwise and tutored in criminal law. His experience has allowed him to develop excellent advocacy and client-counselling skills and enabled him to gain a superb working knowledge of court procedure. He has been instructed in a wide variety of challenging cases ranging from terrorism to divorce to children’s referrals amongst others.
Linzi called to the bar in 2024 as a recipient of the Scottish Council for Law Reporting and the Lord Hope Scholarships. She is highly skilled in both written and court advocacy and has interests across both criminal and civil practice. Due to her breadth of experience, she can be instructed in a wide range of cases.
Prior to qualifying as a solicitor, Linzi obtained a BSc (Hons) in Biology from the University of St Andrews, and an MSc in Pharmaceutical Science from the University of Copenhagen. While studying for her master’s degree, she worked in the pharmaceutical industry in Copenhagen, researching drug delivery for the treatment of neurological diseases.
Linzi’s scientific background therefore makes her ideally placed to deal with highly technical evidence, such as psychiatric evidence, toxicology and forensics.
As a solicitor Linzi had a diverse practice. She worked both in high street firms and at an international law firm. She regularly appeared in Sheriff Courts all over Scotland, before a variety of tribunals, and instructed Counsel in the Court of Session and High Court.
In her practice Linzi has gained significant advocacy experience across a range of areas, including crime, commercial litigation, insolvency, public law, employment, reparation, property, family and regulatory law.
Linzi’s academic achievements and legal experience provide a unique blend of skills. These skills include that she has been praised consistently for her ability to break down complex issues into straightforward solutions for clients, agents and the Court.
Additionally, with her warm manner and no-nonsense approach, Linzi is very skilled in representing vulnerable accused and in examining witnesses.
Rosalyn called to the bar as a Lord Hope scholar after 7 years as a solicitor.
She has appeared at Sheriff courts across Scotland and instructed Counsel at the High Court, and Court of Session.
Rosalyn is experienced in complex, sensitive, and reputational matters including terrorism, murder, sexual offences, serious and organised crime, firearms, and drug offences.
Rosalyn was part of a team representing a core participant at the Edinburgh Tram Inquiry. She has experience of Mental Health Tribunals and children’s referrals.
During devilling, Rosalyn gained experience in public law, human rights, and reparation.
As a member of the Law Society of Scotland’s Criminal Law Committee, Rosalyn gave evidence to the Justice Committee. She was part of the judicially-led review of the management of sexual offence cases, chaired by the Lord Justice Clerk, Lady Dorrian; and a member of the Scottish Government implementation group for the Vulnerable Witness (Criminal Evidence) (Scotland) Act 2019.
I practice law in the following areas Prison Law Public Law Mental Health Law and Immigration Law.
I specialise in all forms of Judicial Review Petitions.
Valentina called to the Bar in 2020, having gained experience in the fields of family law and personal injury during her devilling period.
Prior to calling to the Bar, Valentina trained as a solicitor and thereafter practised for 5 years within a very busy criminal defence firm. As a solicitor, she gained extensive experience in the preparation of complex solemn cases and regularly instructed Counsel in the High Court of Justiciary. She developed a particular interest in cases involving forensic and medical evidence and achieved the Diploma in Forensic Medical Science from the Royal Society of Apothecaries in 2016.
Valentina completed her LL.B, Diploma in Professional Legal Practice and LL.M in Corporate and Financial Law at the University of Glasgow.