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Ewan McGillivray

Associate

Overview

Ewan is an Associate in our Litigation team, based in Edinburgh. 

Ewan has represented clients who are defending compensation claims arising from injury or disease for over 10 years. He was first accredited as a specialist in this area of law by the Law Society of Scotland in 2010.

He also has a busy public law practice. His sheriff court work involves regularly representing the Police in public protection actions raised in terms of the Sexual Offences Act 2003, the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 and appeals under the Firearms Act 1968. He also represents local authority clients in licensing appeals under the Civic Government (Scotland) Act 1982. In addition, he acts for the Security Industry Authority in all the statutory appeals it faces in Scotland. He also often acts for the Police and local authorities as the instructing solicitor in judicial reviews and appeals at the Court of Session. He also acts for local authority clients in education appeals.

Ewan represents businesses and individuals before the Traffic Commissioner and local authority licensing boards and committees. In recent years he has also been advising clients in a range of sectors in connection with the separate Child Abuse Inquiries established by the Scottish Government and the Home Office.

Areas of expertise:

Business

Ewan has represented clients who are defending compensation claims arising from injury or disease for over 10 years. He was first accredited as a specialist in this area of law by the Law Society of Scotland in 2010.

He has appeared for commercial clients at the Sheriff Court, the Traffic Commissioner and local authority licensing boards and committees on numerous occasions. He often gives commercial clients advice relating to licensing and other regulatory matters.

 

Public Sector

Since 2010, Ewan has acted for City of Edinburgh Council in licensing appeals it faces at the Sheriff Court.

Since 2012, Ewan has gained a wealth of experience acting for Police Scotland in Sheriff Court actions seeking Sexual Offences Prevention Orders (SOPOs) and Risk of Sexual Harm Orders (ROSHOs). He has also successfully represented the Police at a number of firearm licensing appeal proofs from 2016 to date.

In 2015, he commenced acting for the Security Industry Authority in all the new Scottish appeals against its decisions.

Ewan has also dealt with a number of "one-off" instructions for public sector clients. He has represented a local authority at proofs in an appeal against a refusal to grant approval to produce cheese in terms of the Food Hygiene (Scotland) Regulations 2006. He has also represented a local authority at a Tribunal hearing in respect of  a pupil whose musical aptitude had been classified by the department as an additional support need. Since 2014, he has been seconded to a local authority's property repair service on an ad hoc basis to advise on the myriad legal & policy issues relating to the closure of this service and the establishment of its successor.

Finally, Ewan acts for a range of public sector clients who are defending compensation claims arising from injury or disease for over 10 years to include the MOD, Royal Mail, the Police, roads authorities, local authorities, and Historic Scotland. He was first accredited as a specialist in this area of law by the Law Society of Scotland in 2010.

Awards

Law Society Accredited Specialist

Memberships

Publications and Presentations

January 2011
Training for MOD claims-handlers in approach to Hand Arm Vibration Syndrome (HAVS) cases
January 2013
Training for MOD Claims at Whitehall in recovery of evidence in PI/disease cases in Scotland
January 2014
Training for Fife Council's Legal Services Department in issues arising from recent caselaw regarding the Civic Government (Scotland) Act 1982